SC court nixes James Brown estate settlement
Legal Topics | 2013/03/01 07:47
The South Carolina Supreme Court on Wednesday overturned a settlement divvying up the multi-million dollar estate of James Brown, saying a former attorney general didn't follow the late soul singer's wishes in putting together the deal.

Attorney General Henry McMaster brokered a settlement in 2009 that split Brown's estate, giving nearly half to a charitable trust, a quarter to his widow Tomi Rae Hynie and leaving the rest to be split among his adult children.

But the justices ruled the deal ignored Brown's wishes for most of his money to go to charity. The court ruled the Godfather of Soul was of sound mind when he made his will before dying of heart failure on Christmas Day 2006 at age 73.

The court sent the estate back to a lower court to be reconsidered.

The justices did agree with the lower court's decision to remove Brown's original trustees. Members of Brown's family said they wanted them gone because the trustees mismanaged the estate until it was almost broke.


3 plead guilty to falsifying OH weapons permits
Headline Legal News | 2013/02/12 18:37
Three central Ohio man have been given three years of probation after admitting they falsified concealed-carry weapons training certificates, leading to the invalidation of hundreds of licenses.

Franklin County sheriff's deputies arrested the men last summer after determining that they had issued falsified training certificates to concealed-carry license applicants.

The Columbus Dispatch reports about 300 recipients turned in their licenses after they were notified of the problems. About 200 were issued new licenses after receiving the proper training, and others didn't seek new licenses or haven't finished the training.

All three pleaded guilty to five counts of falsification to obtain a concealed handgun license. Prosecutors alleged that one of the men, a certified firearms instructor, sold signed training certificates to the other two.


Ex-Mass. chemist pleads not guilty to obstruction
Areas of Focus | 2013/02/01 23:11
A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions.

Annie Dookhan was indicted on a total of 27 charges accusing her of fabricating test results and tampering with drug evidence while testing substances in criminal cases.

The 35-year-old Dookhan was arraigned Wednesday on four obstruction counts in Brockton Superior Court. She was scheduled to be arraigned later Wednesday on additional charges in Fall River Superior Court.

An estimated 200 convicted defendants have been released from jail and had their cases put on hold while their legal challenges are pending.

Authorities shut down the lab in August.


Economist convicted of tax fraud in NY court
Headline Legal News | 2013/01/24 17:59
A California economist has been convicted of federal tax fraud charges in a New York court after he failed to pay more than $1.5 million in taxes, interest and penalties over two decades.

David Gilmartin was convicted Wednesday in U.S. District Court in Manhattan. Federal prosecutors said the charges stemmed from his failure to file income tax returns on more than $1.7 million in income from 1989 through 2010.

The government said Gilmartin earned money over a 22-year period by working as an economist, doing computer analysis for a variety of companies, including some in New York. The 69-year-old Phelan, Calif., resident faces up to 30 years in prison when he is sentenced on April 30.


Court upholds removing man from death row
Areas of Focus | 2013/01/22 17:59
The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled.

Allegheny County Judge Lawrence O'Toole ruled in 2010 that 61-year-old Connie Williams should, instead, serve life in prison. The justices agreed in a decision Tuesday.

Williams was convicted and sentenced to death in 2002 for the 1999 killing of Frances Williams, whose head, hands and feet he cut off.

Attorneys for the Federal Community Defender Office in Philadelphia filed a motion in 2008 seeking to vacate the death sentence.

Williams had previously served seven years in prison for the 1974 stabbing murder of his girlfriend's landlord.

It was not immediately clear if county prosecutors will appeal to federal court.


High court to hear appeal in case of jilted woman
Headline Legal News | 2013/01/19 19:01

The Supreme Court will hear an appeal from a jilted woman who was convicted under an anti-terrorism law for spreading deadly chemicals around the home of her husband's mistress.

The justices said in an order Friday that they will revisit the case of Carol Anne Bond, a Pennsylvania woman who was given a six-year prison term for violating a federal law involving the use of chemical weapons.

In 2011, the court unanimously sided with Bond to allow her to challenge her conviction despite arguments from federal prosecutors and judges that she shouldn't even be allowed to appeal the verdict. Lower courts subsequently rejected the appeal.

Bond, from Lansdale, Pa., near Philadelphia, says she is in prison over a domestic dispute that resulted in a thumb burn for a onetime friend who became her husband's lover. Bond was convicted in federal court of trying to poison the woman by spreading toxic chemicals around her house and car and on her mailbox.

Her argument is that the case should have been dealt with by local authorities, as most crimes are. Instead, a federal grand jury indicted her on two counts of possessing and using a chemical weapon. The charges were based on a federal anti-terrorism law passed to fulfill the United States' international treaty obligations under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.



Lawyer questions memory of Philadelphia accuser
Legal Business | 2013/01/18 19:01

A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape.

Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use.

The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009.

The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999.

Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty.

During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park.

The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation.



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