Tuesday, March 11, 2014
Driver pleads guilty in deadly bus stop crash
A driver who plowed into a Riverside bus stop, killing a woman and a 7-year-old girl, has pleaded guilty to involuntary manslaughter.
The Press-Enterprise reports 46-year-old Joe Williams was ordered Thursday to serve six months in custody of the Sheriff's Department, but his sentence could include a work-release program in lieu of jail time.
Williams was indicted after prosecutors told a grand jury that he had a history of blackouts seizures and should not have been driving.
Authorities say Williams, a parking enforcement agent, blacked out at a red light on Dec. 28.
When motorists behind him honked their horns, Williams accelerated, veered up onto the shoulder of the road and crashed into a bus bench.
Twenty-eight-year-old Melissa Bernal and 7-year-old Aniya Mitchell were killed.
Coast Guardsman guilty in sexual misconduct case
Coast Guard officials in New Orleans say a petty officer has been convicted and sentenced on charges involving sexual assault and possession of child pornography.
Petty Officer 2nd Class Christopher C. Bush's court martial was held in Norfolk, Va.
A Coast Guard news release said the 28-year-old Bush was convicted Friday on four violations of a Uniform Code of Military Justice article dealing with rape and sexual assault and one involving child pornography.
The crimes involved a junior Coast Guard woman and a civilian woman. They happened between January 2010 and May 2013 while Bush was stationed at a unit in New Orleans. The Coast Guard said it was not releasing the name of the unit to protect the privacy of the victims.
3 California men plead guilty in alleged pot grow
Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July.
Thursday, March 6, 2014
Court weighs securities fraud class-action cases
The Supreme Court is considering whether to abandon a quarter-century of precedent and make it tougher for investors to band together to sue corporations for securities fraud.
The justices hear arguments Wednesday in an appeal by Halliburton Co. that seeks to block a class-action lawsuit claiming the energy services company inflated its stock price.
A group of investors says it lost money when Halliburton's stock price dropped after revelations the company misrepresented revenues, understated its liability in asbestos litigation and overstated the benefits of a merger.
Justices threw out the company's first attempt to block the lawsuit in 2011. But Halliburton is now urging the court to overturn a 25-year-old decision that sparked a tidal wave of securities-related, class-action lawsuits against publicly traded companies and has led to billions in settlements.
The court's 1988 decision in Basic v. Levinson says shareholders who claim they were defrauded by false statements in securities filings don't have to prove they actually relied on the statements. Rather, the court reasoned that any misrepresentation would be reflected in the current stock price. Even if investors are not aware of the misstatements, they are presumed to be aware of them because they affect the stock price.
This presumption, known as the "fraud-on-the-market theory," has become the driving force for modern class-action securities cases. But some economists have questioned whether this theory makes sense anymore, saying it doesn't account for the sometimes random and arbitrary nature of stock trading.
Monday, February 3, 2014
No mistrial for LA man who threw chair in court
A Los Angeles County judge has refused to declare a mistrial for a man who threw a chair and injured a police detective during his murder trial.
Superior Court Judge Ronald H. Rose also rejected a defense attorney's request Thursday for mental competency tests for Jesus Mendez.
But City News Service reports Mendez must be secured to a chair with handcuffs and restraining belt for the remainder of his trial.
Rose says the restraints must not be visible to the jury. Mendez had been appearing in court in civilian clothes without handcuffs to avoid prejudicing the jury.
Mendez threw the chair just after entering court Wednesday, hitting the detective in the head. She was hospitalized and in good condition.
Mendez is charged with fatally shooting a man during a robbery.
Monday, January 6, 2014
California appeals court upholds plastic bag ban
A California appeals court has upheld San Francisco's ban on single-use plastic bags that can serve as a precedent for other cases.
The San Francisco Chronicle reports the 1st District Court of Appeal issued its ruling last month and published it Friday as precedent binding on lower courts. The ordinance was passed in February 2012 and prohibits plastic bags that can be used only once and requires stores to charge 10 cents for recyclable plastic or paper bags.
A lawsuit by Save the Plastic Bag Coalition said plastic bags took more energy to produce than plastic and take up more space in landfills.
Similar measures have been adopted in about 50 cities and counties in California and have survived legal challenges. The state Supreme Court upheld a plastic-bag ban in 2011.
Friday, December 20, 2013
Va. court: Hookah lounge exempt from smoking ban
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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