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N.J. gay-marriage case must begin in lower court

•  Recent Cases     updated  2010/07/27 09:08


The push for gay marriage in New Jersey suffered a setback Monday when the state Supreme Court said six gay couples who claim New Jersey has denied them the rights granted to married heterosexual couples must argue their case through the lower courts.
The court was split, 3-3, in the decision; four affirmative votes are needed for a motion to be granted.

Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said in an order that the issue "cannot be decided without the development of an appropriate trial-like record," and denied the plaintiffs' motion without prejudice.

They added that they reached no conclusion on the merits of the plaintiffs' allegations that the Civil Union Act violates their constitutional rights.


Local govts can hire lawyers in lead paint suits

•  State Bar News     updated  2010/07/27 09:07


The California Supreme Court has ruled cities and counties suing companies for lead paint cleanup costs can hire private lawyers and offer them—with limitations—a financial stake in the outcome.
Monday's unanimous decision scales back its 1985 ruling that said an arrangement for a lawyer to collect a share of damages instead of an hourly fee would create a conflict of interest.

The court says it will now allow such deals as long as suits don't threaten to shut down a business, involve free-speech rights and is controlled by cities and counties rather than the lawyer.

Prosecutors say local governments lack the expertise and resources to take on corporations and they would likely be forced to drop cases if the court had barred such agreements.


Jury finds Texas man guilty of beheading children

•  National News     updated  2010/07/27 09:07


A South Texas man accused of beheading his common-law wife's three children was found guilty of capital murder Monday at his second trial.

A state appeals court had overturned John Allen Rubio's previous conviction and death sentence in 2007, saying the children's mother had wrongly been allowed to testify. A second jury deliberated for about three hours before convicting him again.

Rubio, 29, of Brownsville, had pleaded not guilty by reason of insanity, and his defense attorneys had argued that the sheer brutality of the crime showed he was not in his right mind. Defense attorney Nat Perez described it during his closing argument as "overkill."

Evidence showed Rubio made increasingly ferocious attempts to kill the children, strangling and stabbing them, then finally cutting off their heads. Rubio initially said he killed the children, all under age 4, because they were possessed.

Police discovered the bodies of 3-year-old Julissa Quesada, 14-month-old John E. Rubio and 2-month-old Mary Jane Rubio on March 11, 2003, in a squalid Brownsville apartment.

Rubio was convicted on four counts of capital murder. Each death was covered by one count, and the fourth count included all of them.

The trial will now move to a punishment phase, in which prosecutors plan to again seek the death penalty.

During closing arguments given before a packed courtroom earlier Monday, both sides showed enlarged photographs of the children from happier times. Cameron County District Attorney Armando Villalobos got the last word and accentuated it by showing a photograph of a headless child and making a chopping motion on the floor with a cleaver.


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