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West Virginia high court excludes inmates from workers' comp
Topics in Legal News |
2017/06/13 23:37
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Inmates participating in work-release programs do not quality for workers' compensation benefits, the West Virginia Supreme Court ruled has ruled.
The court on Thursday unanimously affirmed a Workers' Compensation Board of Review's 2015 decision to not grant workers' compensation to a work release inmate named William F. Crawford, the Charleston Gazette-Mail reported. Crawford's hand was severely injured in a wood chipper in 2013 while he was working on a road crew for the state Division of Highways.
He was employed by the Charleston Work Release Center, now called the Charleston Correctional Center. Inmates live and work there as they prepare to re-enter society after leaving prison.
Crawford's injury required hospitalization and surgery, and his ring and pinky fingers were partially amputated. The state Department of Corrections covered his medical expenses, which exceeded $90,000. He was released on parole shortly after his hospitalization.
Court documents say Crawford sought workers' compensation benefits because "lack of treatment has put him at a significant disadvantage in re-entering society." He had appealed the board of review's decision, saying state law didn't clarify coverage exclusion for work-release inmates. He also said his equal protection rights had been violated, arguing that inmates working for private businesses would receive the benefits, while inmates working for a state agency would not.
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Roman Polanski sex victim to appear in court for first time
Topics in Legal News |
2017/06/09 13:01
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The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.
Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.
"She's tired of this case," Braun said. "The judge is just playing games with him."
The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.
Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.
His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.
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Court: Ohio E-School Can't Delay Repayment of $60M to State
Topics in Legal News |
2017/06/08 13:01
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ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.
Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.
"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."
ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.
"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."
Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.
The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.
A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation. |
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In one state, abused animals get a legal voice in court
Topics in Legal News |
2017/06/03 12:39
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse. |
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Doctor arrested at Trump hotel on gun charges due in court
Topics in Legal News |
2017/06/01 12:39
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The tip received by police was vague, but potentially dire: a Pennsylvania physician was on his way to the nation's capital with a carload of weapons, planning to visit the president.
As a result, Bryan Moles, 43, of Edinboro, Pennsylvania, was arrested on weapons charges after checking in to the Trump International Hotel in Washington, a few blocks from the White House.
He is expected to make an initial court appearance Thursday afternoon.
While the Secret Service interviewed Moles and determined he posed no threat to the president or anyone else they protect, D.C.'s police chief said the tip averted a potential disaster.
"I was very concerned about this circumstance," Chief Peter Newsham said. When people come to the District "armed with those types of weapons, it's a serious concern. ... He doesn't have a really good reason for being here."
Moles was charged with carrying a pistol without a license and having unregistered ammunition. A police report said authorities seized a Glock 23 pistol, a Bushmaster assault-style rifle and 90 rounds of ammunition from Moles' vehicle.
Newsham added that the department does not presently have enough evidence to charge Moles with making threats.
Newsham declined to comment on what may have motivated Moles. He said he did not have a license to carry firearms in the District, which has strict gun laws. He did not know whether he was licensed to carry in Pennsylvania. |
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