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Va. court: Hookah lounge exempt from smoking ban
Court Issues |
2013/12/20 18:27
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A divided Virginia Court of Appeals has ruled that a Blacksburg hookah lounge is exempt from the state's restaurant smoking ban.
In a 6-3 ruling Tuesday, the court said the She-Sha Cafe and Hookah Lounge is not subject to the ban because it's a retail tobacco store as well as a restaurant. She-Sha says most of its revenue comes from customers' use of hookahs - tall water pipes that are used to smoke flavored tobacco.
The state law regulating indoor public smoking covers restaurants but specifically exempts tobacco retailers. The court's majority cited that exemption in ruling in She-Sha's favor.
The decision reverses a three-judge panel's ruling that She-Sha is covered by the ban because it also serves food. |
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Court fireworks, but Burning Man deal likely done
Court Issues |
2013/12/02 20:24
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Organizers of the annual weeklong celebration of self-expression and eclectic art known as Burning Man and a Nevada county where it is held thought they had resolved their legal dispute over the festival.
And they hoped to get the blessing of a federal judge overseeing the case, and asked him to dismiss the lawsuit earlier this week. Instead, they got an earful from U.S. District Senior Judge Robert C. Jones, and threats that the lawyers in the case should either go back to law school or be disbarred.
Exactly what in the agreement between festival organizers and Pershing County lawyers prompted Jones' criticism was unclear, though he said the agreement amounted to malpractice.
"You committed virtually a fraud on the federal court and the county commission," Jones said. He said he'll file complaints with the state bar association against all lawyers involved.
The two sides, however, believe they still have an agreement in their year-old legal battle over regulation of the annual event leading up to Labor Day in the Black Rock Desert, about 100 miles north of Reno. |
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Amanda Knox appeals slander case to European court
Court Issues |
2013/11/29 17:38
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Lawyers for Amanda Knox filed an appeal of her slander conviction in Italy with the European Court of Human Rights, as her third murder trial was underway in Florence.
The slander conviction was based on statements Knox made to police in November 2007 when she was being questioned about the slaying of her British roommate, Meredith Kercher, in the house they shared in Perugia.
Knox says she was coerced into making false statements blaming the slaying on bar owner Patrick Lumumba.
"The interrogation took place in a language I barely spoke, without a lawyer present, and without the police informing me that I was a suspect in Meredith's murder, which was a violation of my human rights," Knox said in a statement released Monday as the appeal was filed.
Knox was convicted of slander at her first trial in December 2009. That conviction was upheld during the appeal that resulted in her 2011 murder acquittal.
Knox has returned to Seattle, where she is a student at the University of Washington. She is not attending the third trial being held in an appeals court in Florence.
The European Court for Human Rights is an international court in Strasbourg, France, that oversees the European Convention on Human Rights. |
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Court reinstates death penalty notice for Monfort
Court Issues |
2013/11/18 23:58
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The state Supreme Court ruled Thursday that King County prosecutors can seek the death penalty against a man accused of killing a Seattle police officer.
In a unanimous decision, the high court overturned a February King County Superior Court ruling that had found that Prosecutor Dan Satterberg's decision to seek the death penalty against Christopher Monfort was invalid because he relied on a mitigation investigation by his office, rather than waiting for evidence from the defense. The Supreme Court reinstated the death penalty notice, and sent the case back to the trial court to proceed.
Monfort is accused of killing Officer Tim Brenton and wounding another officer as they sat in a patrol car Oct. 31, 2009, as well as setting fires to police cars earlier that month. Monfort was wounded by police during his arrest about a week later in Tukwila. He is paralyzed from the waist down and confined to a wheelchair.
Nearly 10 months after Monfort was arraigned, Satterberg announced he would seek the death penalty. At the time, his office had conducted interviews with more than two dozen of Monfort's friends, acquaintances and family members to see if there was mitigating evidence. Satterberg had not considered any mitigating evidence presented by defense attorneys, because they hadn't given him any.
Under state law, mitigating circumstances that could merit leniency include mental disturbance or disease. |
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