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DC Appeals Ruling Overturning Handgun Ban
Legal Career News | 2007/04/10 16:29

The city government of Washington, DC on Monday asked the US DC Circuit Court of Appeals for an en banc rehearing of a case that led to a controversial ruling last month invalidating the city's handgun ban. City lawyers warn that the current ruling "severely limits" the ability of local and federal legislatures to regulate firearms to protect citizens and law-enforcement officers.

By a 2-1 panel vote in March, the judges deciding Parker v. District of Columbia relied on the Second Amendment to overturn a 31-year old ban on handguns in the District of Columbia. Mayor Adrian Fenty and the city argued that the panel's interpretation of the Second Amendment is "contrary to of nearly every other federal court of appeals, as well as the highest local court in this jurisdiction." The case is widely expected to end up before the US Supreme Court, regardless of who ultimately wins in the DC Circuit Court.



Parental Alienation Awareness Day to be April 25th
Criminal Law Updates | 2007/04/10 16:24

Nebraska Governor Dave Heineman and Kentucky Governor Ernie Fletcher Join the Governors of Maine, Iowa, and Nevada in Recognizing and Proclaiming April 25th as Parental Alienation Awareness Day

Parental Alienation Awareness Organization (PAAO) is pleased to announce that Nebraska and Kentucky are among the states that recognize the importance of Parental Alienation awareness.

Parental Alienation Awareness Organization is working towards having the behaviors involved in Parental Alienation recognized on a statewide level.

Parental Alienation and Hostile Aggressive Parenting inolve a series of behaviors that can effectively alienate a child from a parent. They are often seen in the context of
high-conflict divorce or custody cases and are done by a third party, such as a parent or extended family. Such behaviors interfere with the bond between a loving parent and child.

These behaviors can include: speaking negatively about a parent to, or in front of, a child; interfering with communication and visitation; moving and leaving no contact
information; and discussing inappropriate information with a child, such as details of the marriage, divorce, or court proceedings.

The most common response of a child exposed to alienating behaviors is extreme resistance to contact with, or fear of, a parent without any justifiable cause.

These behaviors are both painful and destructive and can leave deep and long-lasting emotional scars on a child. Research has shown that children who have been alienated from a parent show a greater percentage of depression, low self-esteem, drug and alcohol problems, and difficulties in their own relationships.

While not everyone agrees on the terminology, mental health professionals, legal professionals, and especially adult children who have experienced such behaviors in childhood acknowledge and agree that alienating behaviors are damaging.

These behaviors, designed to take advantage of a child's suggestibility and dependency, leave a child feeling confused, frightened, and insecure.

They can result in the loss of a relationship with a previously loving, supportive, and nurturing parent and in fact send a message that the half of the child that is that
parent is unworthy. The child has "lost" a parent but is given no permission to grieve.

"We are urging the governors of all of the states to learn more about Parental Alienation," states Sarvy Emo, PAAO co-founder.

"Parental Alienating behaviors, under the term Parental Alienation, must be recognized, understood, and addressed to allow a child to love and be loved by both parents, regardless of the parents' relationship to each other," adds Robin Denison, PAAO co-founder.

PAAO urges governors, the professionals who work with children and families, and the public to learn more about Parental Alienation and Hostile Aggressive Parenting by visiting http://www.parental-alienation-awareness.com - for the sake of all children to be able to give and receive all of the love they deserve.

About PAAO

Parental Alienation Awareness Organization (PAAO) is an organization dedicated to increasing the awareness and education of the public and professionals who work with families and children about the causes and effects of Parental Alienation and Hostile Aggressive Parenting, and suggests guidelines as to how to eliminate or ameliorate the effects of these behaviors.



Pet Food Recall Prompts Lawsuit
Class Action News | 2007/04/10 16:10

Several pet owners have filed a product liability lawsuit against a pet food manufacturer following a nationwide recall of tainted pet food. Lauri Osborne, of Plymouth, Connecticut, and others, filed a federal class action lawsuit against Menu Foods, the manufacturer of the Iams® canned food that allegedly caused fatal kidney failure in one of her cats and left two others seriously ill.

On March 16, Menu Foods issued a nationwide recall of 60 million containers of wet pet food products after receiving reports of animals suffering from kidney failure throughout the United States and Canada

Samples analyzed by the Food and Drug Administration uncovered traces of melamine – a chemical used in making plastics, laminates, and fertilizer.

Menu Foods has established hotlines that pet owners can call to receive updated information on the recall. According to their own hotline, Menu foods also delayed announcement of the recall until it could be confirmed that their product was responsible for the slew of animal deaths.




Court: MySpace Postings are Free Speech
Court Feed News | 2007/04/10 08:49

A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled. The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records.

"While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion.

In February 2006, Greencastle Middle School Principal Shawn Gobert discovered a Web page on MySpace purportedly created by him. A.B., who did not create the page, made derogatory postings on it concerning the school's policy on body piercings.

The state filed a delinquency petition in March alleging that A.B.'s acts would have been harassment, identity deception and identity theft if committed by an adult. The juvenile court dropped most of the charges but in June found A.B. to be a delinquent child and placed her on nine months of probation. The judge ruled the comments were obscene.

A.B. appealed, arguing that her comments were protected political speech under both the state and federal constitutions because they dealt with school policy.

The Court of Appeals found that the comments were protected and that the juvenile court had unconstitutionally restricted her right of free expression.

There was no number for Shawn Gobert in publishing phone listings. The Associated Press left a message seeking comment Monday at Greencastle Middle School.



Man to plead guilty to slaying of 10-year-old girl
Criminal Law Updates | 2007/04/10 07:56

A man accused of killing his family will plead guilty to the abduction and murder of a ten-year-old girl, his attorney said. Simon Rios, 35, will plead guilty in Delaware County in the death of Alejandra Gutierrez to avoid the death penalty, attorney Michelle Kraus said Monday. Prosecutors will agree to sentence Rios to life in prison, she said. Rios' trial was scheduled to begin April 23. He is charged in the murder and rape of Gutierrez, who lived in Rios' neighborhood and went missing Dec. 8, 2005. Her body was found in a wooded area near Muncie.

Rios also is accused of killing his 28-year-old wife, Ana Casas, and the couple's three daughters on Dec. 13, 2005, after he and Casas argued over his household duties. His trial is scheduled for October, and prosecutors in that case are seeking the death penalty.



TV host pleads guilty in $20M bogus art scam
Court Feed News | 2007/04/10 07:07

A La Canada Flintridge TV host who used a satellite cable show to sell fake prints supposedly signed by such artists as Picasso and Dali pleaded guilty today to federal charges. Kristine Eubanks, 49, is scheduled to be sentenced Sept. 24, when she faces up to 10 years in prison.

She and her husband, Gerald Sullivan, who pleaded guilty last week, admitted in their plea agreements that they conned more than 10,000 buyers through their "Fine Art Treasures Gallery" show, which aired Friday and Saturday nights on DirecTV and The Dish Network.

Despite the claims on the show, the supposed fine art prints were either bought by the couple or forged at a print shop, according to the government.

Eubanks and Sullivan, 51, fabricated certificates of authenticity and appraisals, and the works bore fake signatures, according to the government.

In pleading guilty, the couple also admitted running up the prices of the fake works by creating fake bids for live auctions.

Eubanks entered her guilty plea to tax evasion and one count of conspiracy. Sullivan pleaded guilty to conspiracy and failing to file tax returns, and faces up to six years in prison, according to the U.S. Attorney's Office.

Sullivan, whose sentencing is also set for Sept. 24, is free on bond. His wife, who was on probation when arrested in the art case, remains in custody.

Eubanks' attorney, Donald Randolph said outside court that his client "acknowledged her guilt in these actions today."

Randolph said he will attempt to convince U.S. District Judge Florence- Marie Cooper to "take other factors" from his client's life into consideration at sentencing, but he declined to elaborate.

In addition to the possible prison time, the couple has agreed to forfeit nearly $4 million and various pieces of art seized during the investigation.



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