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NEWS
By Larry Carson, The Baltimore Sun | March 31, 2011
Opponents of a large supermarket at a proposed Turf Valley shopping center in Ellicott City lost another court challenge in their two-year effort to revive a petition drive that sought to put the project's zoning approval on a Howard County election ballot. The 4th U.S. Court of Appeals in Richmond, Va., upheld Monday an earlier U.S. District Court dismissal of a constitutional argument brought by Paul Kendall. The appeals court ruled there are no federal constitutional issues involved in the case.
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NEWS
August 7, 2014
Their loss Wednesday in a federal appeals court left Baltimore's police and fire unions with a few options to continue the fight over Mayor Stephanie Rawlings-Blake's 2010 pension reform law, but none of them look promising. Rather than subject themselves and the taxpayers to potentially years more litigation in federal and state court, the unions should recognize that the bulk of the 2010 law is going to stand and seek a settlement with the city on the one portion of the reforms on which they have met some success.
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NEWS
By Tricia Bishop, The Baltimore Sun | April 26, 2013
A lawyer for John Joseph Merzbacher, a former Catholic school teacher imprisoned for raping a student decades ago, has asked the U.S. Supreme Court to hear his case after a federal appeals court rejected an earlier argument that he should be set free. In a 21-page petition, Merzbacher's attorney H. Mark Stichel asks the high court to resolve several legal questions, including whether a defendant's claim that he would have taken a plea deal if offered, even while proclaiming his innocence, demonstrates a "reasonable probability" that he would have followed through.
NEWS
By Luke Broadwater, The Baltimore Sun | August 6, 2014
A federal appeals court on Wednesday upheld Mayor Stephanie Rawlings-Blake's overhaul of Baltimore's police and fire pension system, but left open avenues for the unions to keep fighting. "I'm certainly pleased with the court's ruling," Rawlings-Blake said of the decision. City officials say it cut about $400 million in pension costs by reducing benefits, raising the retirement age and requiring higher contributions from workers. "It was not something any of us wanted to do," the mayor said.
NEWS
By Ian Duncan, The Baltimore Sun | October 15, 2013
The U.S. Supreme Court said Tuesday that it will not examine Maryland's handgun permit law, leaving to stand a lower court ruling that the state's restrictive rules for carry permits do not unconstitutionally infringe upon gun-owners' rights. The justices did not explain their reasoning, but the decision intensified a simmering dispute over the limits of firearms restrictions. Other challenges are pending in federal courts — including two in Maryland attacking the state's new ban on military-style assault rifles and its requirements for fingerprinting and training of buyers before they can purchase handguns.
NEWS
By Tricia Bishop, The Baltimore Sun | June 17, 2011
The mastermind behind a series of armed robberies that killed a Greek businessman in 2009 and terrorized a half-dozen other people was sentenced to 77 years in federal prison Friday — a lengthy term that earned a round of applause from his victims at the close of the court hearing. Nikolaos Mamalis, 55, used his friendships with Maryland business owners to rob them of thousands of dollars. He had a gang of men under his control enter their homes and offices under false pretenses, leaving the business owners tied up and frightened , prosecutors said.
NEWS
September 26, 2001
A federal appeals court upheld yesterday a decision by a Baltimore U.S. District Court judge that authorities acted properly in denying a firearms license for a Fells Point gun shop last year. Anthony and Larry DiMartino, father and son, had appealed a Jan. 2 decision by Judge J. Frederick Motz dismissing their petition for review of the licensing denial by the federal Bureau of Alcohol, Tobacco and Firearms for the Baltimore Gunsmith store on South Broadway. The DiMartinos contended that the judge erred because issues of fact remained over their alleged violations of federal firearms laws and the son's involvement.
NEWS
May 29, 1997
Paul C. Weick,97, a retired federal appeals court judge, died May 22 in Stow, Ohio. Judge Weick, of the 6th U.S. Circuit Court of Appeals, wrote a dissent when the court denied a request that an appeal arising from the Kent State University shootings in 1970 be heard by all of the circuit judges.Fadhel al-Jamali,94, a former Iraqi prime minister who signed the United Nations charter in 1945 and was sentenced to death for collaborating with the West, died in exile Saturday in Tunisia.The Rev. William Cunningham,67, who fought to build harmony after Detroit's 1967 race riots, died Monday of cancer in Detroit.
NEWS
October 15, 1994
A federal appeals court has rejected Worcester County's petition to rehear a lawsuit challenging the county's voting method.The rejection by the 4th U.S. Circuit Court of Appeals in dTC Richmond, Va., reported yesterday, leaves in the county commissioners' laps what to do next about a lower court's order that they change how countians elect commissioners to give more equitable treatment to black candidates.Commissioners said yesterday they will consider what to do at their next meeting Oct. 25."
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | August 30, 1997
WASHINGTON -- The high-stakes constitutional battle over HTC California's Proposition 209, a statewide ban on affirmative action, reached the Supreme Court yesterday as opponents asked that its enforcement be halted.Fearing the resegregation of many state and local government programs that have been opened to women and minorities, civil rights groups and San Francisco argued that the ban "will result in upheaval at all levels of local and state government." The measure might even end school desegregation, they told the court.
NEWS
By Ian Duncan, The Baltimore Sun | June 29, 2014
A federal appeals court ruling could add to the number of inmates with legal grounds to seek reduced sentences because of a shifting interpretation of sentencing guidelines and what constitutes a violent crime. The 4th U.S. Circuit Court of Appeals invalidated last week a 31/2-year sentence for Jose Herbert Henriquez, an El Salvadoran who pleaded guilty to illegally re-entering the United States. The lengthy sentence was based in part on a previous burglary conviction. "A Maryland conviction of first-degree burglary cannot constitute a crime of violence," Judge James A. Wynn Jr. wrote for the majority, remanding the case to a lower court for Henriquez to be resentenced.
NEWS
May 23, 2014
The United States grants asylum protection to immigrants of special humanitarian concern who were persecuted in their home countries because of their membership in a particular group and who aren't barred from eligibility because of some past crime or potential danger. We typically think of asylum recipients as being refugees forced to flee religious, ethnic or political torment. But what about former gang members? A 33-year-old Baltimore County man who entered the country illegally from El Salvador in 2000 is seeking asylum as a defense against deportation.
FEATURES
By Michael Gold and The Baltimore Sun | January 24, 2014
In a decision with wide-reaching implications, a federal appeals court ruled this week that potential jurors cannot be left off of juries based on their sexual orientations . Remember the antitrust case involving two purveyors of HIV/AIDS drugs that was moving through appeals courts this September? (I know the answer's no - hence the link.) The short version: GlaxoSmithKline appealed a jury's verdict because lawyers for its opponent in the case, Abbott Laboratories, removed a gay man from the jury using a no-questions-asked peremptory strike.
NEWS
By Ian Duncan, The Baltimore Sun | December 17, 2013
A federal appeals court upheld a decision Tuesday that the NFL and Ravens could use their former "Flying B" logo to depict the team's history, lyrically defending the concept of fair use in copyright law in the process. The logo, which features a winged gold shield with the letter B on it, is the subject of numerous lawsuits filed by Frederick E. Bouchat, who has been credited in court as its original designer. But Bouchat has had less luck turning his legal victories into payouts and has continued to sue. In the latest case he argued that the NFL and Ravens infringed his copyright in historical videos and an exhibit at the M&T Bank Stadium.
NEWS
By Ian Duncan, The Baltimore Sun | October 15, 2013
The U.S. Supreme Court said Tuesday that it will not examine Maryland's handgun permit law, leaving to stand a lower court ruling that the state's restrictive rules for carry permits do not unconstitutionally infringe upon gun-owners' rights. The justices did not explain their reasoning, but the decision intensified a simmering dispute over the limits of firearms restrictions. Other challenges are pending in federal courts — including two in Maryland attacking the state's new ban on military-style assault rifles and its requirements for fingerprinting and training of buyers before they can purchase handguns.
NEWS
By Carrie Wells, The Baltimore Sun | August 7, 2013
A federal appeals court ruled Wednesday in a case involving a Salvadoran woman arrested in Frederick that state and local authorities cannot arrest or detain someone on the suspicion that they are in the country illegally. The case involves the 2008 arrest of Roxana Orellana Santos, who was sitting outside her workplace in Frederick eating a sandwich when two deputies approached and began questioning her. After checking her identification and consulting with dispatchers, the deputies determined that Santos had a civil immigration warrant requiring her immediate deportation, according to court records.
NEWS
By Los Angeles Times | December 10, 1991
WASHINGTON -- Pennsylvania state attorneys are paving the way for an election-year showdown at the U.S. Supreme Court on the volatile abortion issue.Without waiting the permitted three months to appeal a ruling that struck down part of its new anti-abortion law, Pennsylvania Attorney General Ernie Preate sent appeal papers to the court yesterday and urged the justices to rule on the case during this term."
NEWS
By NEW YORK TIMES NEWS SERVICE | April 4, 2000
WASHINGTON -- The highly charged question of what strings the government can attach to the use of federal money reached the Supreme Court again yesterday, this time in the context of legal services for the poor. The court agreed to decide whether Congress violated the First Amendment when it restricted the kinds of arguments that lawyers supported by the Legal Services Corp. can make on behalf of clients seeking welfare benefits. Under the restriction, the lawyers can help clients who are seeking to receive or restore specific welfare benefits but may not become involved in "an effort to amend or otherwise challenge existing law."
NEWS
By Tricia Bishop, The Baltimore Sun | April 26, 2013
A lawyer for John Joseph Merzbacher, a former Catholic school teacher imprisoned for raping a student decades ago, has asked the U.S. Supreme Court to hear his case after a federal appeals court rejected an earlier argument that he should be set free. In a 21-page petition, Merzbacher's attorney H. Mark Stichel asks the high court to resolve several legal questions, including whether a defendant's claim that he would have taken a plea deal if offered, even while proclaiming his innocence, demonstrates a "reasonable probability" that he would have followed through.
NEWS
By Tricia Bishop, The Baltimore Sun | November 25, 2012
The Catholic-school teacher had a pre-teen student pinned to the ground in his Baltimore classroom, the girl's blouse open and her chest exposed when the doorknob suddenly turned and the school principal - a nun - burst in. The screaming girl thought she was about to be rescued, according to court records that describe the scene at the Catholic Community Middle School in Locust Point. But Sister Eileen Weisman, who had a key to the room, merely chastised the teacher, John Joseph Merzbacher, for locking the door.
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