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High court appears to favor Ala. death row inmate
Areas of Focus |
2011/10/03 18:06
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The Supreme Court appeared likely Tuesday to order a new court hearing for an Alabama death row inmate who lost the chance to appeal his death sentence because of a mailroom mix-up at a venerable New York law firm.
Both conservative and liberal justices indicated they would throw out a federal appeals court ruling that relied on the missed deadline to refuse to consider Cory Maples' claims that he received inadequate legal representation, dating back to his trial on charges he gunned down two friends in 1995.
Justice Samuel Alito, a former federal prosecutor, said he did not understand why Alabama fought so hard to deny Maples the right to appeal when the deadline passed "though no fault of his own."
Justice Antonin Scalia was the only member of the court who appeared to agree with the state's argument that Maples' protests are overblown because he was never left without a lawyer. The state also says the role of Maples' lawyers in missing the deadline is unfortunate but nothing the court should correct under its earlier rulings.
Gregory Garre, a former solicitor general who is representing Maples in the Supreme Court, said the earlier legal work for Maples was so bad that it violated the Constitution.
Whatever the shortcomings of Maples' trial lawyers, he appeared to "win the lottery" when two lawyers at Sullivan and Cromwell agreed to represent him for free in his appeals, Garre said. The New York-based firm has 800 lawyers and offices in a dozen cities. |
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Mass. man charged in terror plot pleads not guilty
Legal Topics |
2011/10/03 18:05
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A man accused of plotting to fly explosives-packed remote-controlled model planes into the Pentagon and the U.S. Capitol pleaded not guilty Monday. The bail hearing that had been scheduled for Rezwan Ferdaus, of Ashland, was delayed for several weeks because his lawyer, Catherine Byrne, asked for more time to prepare. Authorities said Ferdaus, a 26-year-old Muslim American with a physics degree from Northeastern University, was arrested in Framingham last week after federal agents posing as al-Qaida members delivered what he believed was 24 pounds of C-4 explosive. They said the public was never in danger from the plot. Byrne said the case was "orchestrated and facilitated by the government." "We have asked for a continuance for additional time in order to prepare and to further investigate so that we can present a more complete picture of what happened," she told reporters as she left the federal courthouse Monday. The arrest was the latest in a string of terror arrests to emerge from similar sting operations. A federal affidavit says Ferdaus began planning jihad, or holy war, against the U.S. in early 2010 after becoming convinced through jihadi websites and videos that America was evil. |
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US soldier found not guilty in contractor death
Legal Topics |
2011/10/02 18:08
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A U.S. soldier has been found not guilty by reason of lack of mental responsibility in the killing of a Hungarian civilian contractor in Iraq, military officials said Saturday.
Pfc. Carl T. Stovall had pleaded not guilty in the March 2009 shooting of Hungarian laborer Tibor Bogdan near Camp Taji, just north of Baghdad. Bogdan was shot while digging a hole at the camp.
The shooting came less than a month into Stovall's third deployment to the Middle East.
He opted to be tried by a military judge at Fort Hood instead of a jury. Testimony was heard this past week.
In a statement Saturday, officials with the military post said the court ordered Stovall to receive a psychiatric/psychological evaluation before a post-trial hearing is conducted on Nov. 10. Stovall faced a maximum sentence of life without the possibility of parole.
Stovall had allegedly once told investigators he believed Bogdan, who worked for a contractor specializing in trash and waste removal, was a terrorist planting a roadside bomb. Prosecutors, however, said Stovall, now 28, has changed his story multiple times, allegedly denying any involvement in one version.
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High court to decide lawyer immunity question
Headline Legal News |
2011/09/27 15:44
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The Supreme Court will decide whether private lawyers hired as outside counsels for governments can be sued.
The high court on Tuesday agreed to hear lawyer Steve Filarsky's appeal. He was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave.
Nicholas B. Delia, a firefighter suspected of working on his house while on sick leave, sued Filarsky after the investigation. Delia had said he had bought material to work on his house but never opened it. The fire chief then ordered Delia to bring the unopened material out of his house for inspection or face disciplinary action.
Delia said that order was an unconstitutional warrantless search and sued the city, the fire department and Filarsky.
A federal judge threw it all of Delia's lawsuits out, including the one against Filarsky. The judge ruled that Filarsky had the same immunity as the city's employees.
But the 9th U.S. Circuit Court of Appeals disagreed, saying its rulings had never extended to a nongovernment worker the same immunity government workers enjoy. A separate appeals court — the 6th U.S. Circuit Court of Appeals — has extended immunity to nongovernment employees. |
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Appeals court hears challenge to health care law
Legal Topics |
2011/09/26 16:36
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A conservative-leaning panel of federal appellate judges raised concerns about President Barack Obama's health care overhaul Friday, but suggested the challenge to it may be premature.
The arguments at the U.S. Court of Appeals in Washington over a lawsuit against Obama's signature domestic legislative achievement focused on whether Congress overstepped its authority in requiring people to buy health insurance or pay a penalty on their taxes, beginning in 2014.
But Judge Brett Kavanaugh, a former top aide to President George W. Bush who appointed him to the bench, said that he has a "major concern" that courts might not be able to rule on the law's constitutionality until 2015. That's because a federal law bars most challenges to tax-related legislation before the tax or penalty is paid.
A federal appeals court in Richmond cited that law in throwing out another challenge to the overhaul. Two other appeals courts have reached differing conclusions — one declaring the law unconstitutional and the other upholding it. The Supreme Court is expected to weigh in and could possibly even decide to review the law before the Washington circuit issues an opinion. |
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Samsung seeks iPhone, iPad sale ban in Dutch court
Headline Legal News |
2011/09/24 16:36
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Samsung asked a Dutch court Monday to slap an injunction on Apple Inc. to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.
The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.
Samsung Electronics Co. lawyer Bas Berghuis told a civil judge at The Hague District Court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones.
Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to "hold Apple hostage" because of Apple's legal battles accusing Samsung of copying its iPhone and iPad designs.
"It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."
Kleemans urged the court to reject the injunction request, saying the patents involved "are not designed to be used as a weapon against Apple."
No date was immediately given for a ruling.
Earlier this month, a court in Duesseldorf, Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 in Germany because its design too closely resembled the iPad2. The ruling only applied to direct sales from the Samsung, meaning distributors who acquire the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal that judgment. |
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9th Circuit appeals court Judge Pamela Rymer dies
Court Watch |
2011/09/23 09:14
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Judge Pamela Rymer of the 9th U.S. Circuit Court of Appeals has died after a years-long battle with cancer.
The federal court on Thursday announced the passing of the 70-year-old Rymer, who had been in failing health in recent months. The court says Rymer was diagnosed with cancer in 2009 and died Wednesday with friends at her bedside.
President Ronald Reagan first appointed Rymer to the U.S. District Court in Los Angeles in 1983. President George H.W. Bush elevated her to the appeals court in 1989.
Rymer was born in Knoxville, Tenn., and raised in the San Francisco Bay area.
The court didn't list any survivors and said Rymer requested no services.
Two scholarships in her name have been established at Stanford University, where she graduated law school in 1964. |
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