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Court OKs immunity for telecoms in wiretap case
Areas of Focus |
2011/12/31 21:10
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A federal appeals court has ruled as constitutional a law giving telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.
Thursday's unanimous ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals affirmed a lower court decision regarding the 2008 law.
The appeal concerned a case that consolidated 33 different lawsuits filed against various telecom companies, including AT&T, Sprint Nextel, Verizon Communications Inc. and BellSouth Corp. on behalf of these companies' customers.
The court noted comments made by the Senate Select Committee on Intelligence regarding the legal immunity's role in helping the government gather intelligence.
The case stemmed from new surveillance rules passed by Congress in 2008 that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants. |
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Supreme Court gay privacy case victor dead at 68
Areas of Focus |
2011/12/28 18:30
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The Texas man whose case led to a landmark U.S. Supreme Court ruling that granted privacy rights to gay men and lesbians has died at age 68.
John G. Lawrence died in Houston on Nov. 20, according to Sarah Wilson of R.S. Farmer Funeral Home in Silsbee, Texas. Lawrence died of a heart condition, his partner, Jose Garcia, told the Houston Chronicle.
Mitchell Katine, a Houston attorney who represented Lawrence in the case Lawrence vs. Texas, told the newspaper he learned of his client's death Saturday while trying to invite him to an April celebration of the 2003 ruling.
The case began in 1998 when a neighbor with a grudge faked a distress call to police, telling them that a man was "going crazy" in Lawrence's apartment just outside Houston. Police went to the home, pushed open the door and found Lawrence and Tyrone Garner having sex. Both paid $200 fines after spending several hours in the county jail for alleged violation of the state sodomy statute, a misdemeanor. |
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Supreme Court rejects Hessler appeal
Areas of Focus |
2011/12/27 00:14
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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France ponders removing risky breast implants
Areas of Focus |
2011/12/22 18:27
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Emmanuelle Maria's breasts were burning and globules of silicone gel were protruding into her armpits. Her implants had exploded inside her. Yet her doctors, she says, told her nothing was wrong.
Now, she wants the French government to tell 30,000 women to get their implants removed — at the state's expense — to call attention to their risks and save others from potential pain and indignity.
Prompted by calls from implant wearers and leading doctors, French health authorities are considering a drastic and unprecedented move: recommending mass surgery to rid the country of a type of breast implant that investigators say was secretly made with cheap industrial silicone whose medical dangers remain unclear.
Governments around Europe are hanging on France's decision Friday. Tens of thousands more women in Britain, Italy, Spain and other European nations are walking around with the same pre-filled implants, made by the now-defunct French company Poly Implant Prothese, or PIP.
Health officials from several European countries held a conference call Wednesday to discuss the implants, Portugal's Director-General of Health, Dr. Francisco Jorge, told The Associated Press. European Commission spokesman Frederic Vincent said no decisions were made, but France informed the others of the situation. |
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Poker company co-founder pleads guilty in NYC
Areas of Focus |
2011/12/20 18:20
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The co-founder of an Internet poker company pleaded guilty Tuesday to conspiracy charges, admitting that he knew he was breaking the law when he arranged for U.S. banks to process gambling proceeds.
Brent Buckley, 31, entered the plea in U.S. District Court in Manhattan, saying he knew it was illegal to accept credit cards so that customers could gamble on the Internet.
"I knew that it was illegal to deceive the banks," Buckley told Magistrate Judge Ronald Ellis in a plea deal that calls for him to receive a sentence between a year and a year and a half in prison. Sentencing was set for April 19.
The charges stem from a prosecution that shut down U.S. operations of the three largest Internet companies last spring.
Buckley was a co-founder of Absolute Poker. Prosecutors said Absolute Poker, Full Tilt Poker and PokerStars tricked U.S. banks into processing billions of dollars of gambling transactions by disguising the money as payments to hundreds of non-existent online merchants purporting to sell merchandise such as jewelry and golf balls.
Buckley, who stood with his hands clasped behind his back, was described in court as the director of payments for Absolute Poker.
The U.S. in October 2006 enacted the Unlawful Internet Gambling Enforcement Act, which makes it a crime for gambling businesses to knowingly accept most forms of payment in connection with the participation of another person in unlawful Internet gambling. |
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Ind. appeals court upholds man's 60-year sentence
Areas of Focus |
2011/12/19 19:21
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The Indiana Court of Appeals has upheld a southern Indiana man's 60-year prison sentence for beating his girlfriend to death with a crowbar.
The Princeton Daily Clarion reports the court ruled Thursday that 68-year-old Robert P. Spangler's sentence was "not inappropriate" despite his mental illness, remorse in the killing and lack of a prior criminal history.
Spangler was sentenced this summer in Gibson Circuit Court to 60 years after pleading guilty but mentally ill to murder in Pat Heichelbach's November 2010 killing. Spangler's attorney argued for a 45-year term.
Spangler admitted beating Heichelbech with a crowbar at his Fort Branch home in November 2010.
Heichelbech's daughter, Sherry Heichelbech, testified at Spangler's sentence that he "should never be allowed to walk among good and decent people again." |
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Lieff Cabraser Heimann & Bernstein, LLP Announces Class Action
Areas of Focus |
2011/12/18 17:31
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The law firm of Lieff Cabraser Heimann & Bernstein, LLP announces that class action lawsuits have been brought on behalf of purchasers of the common stock of The Cooper Companies, Inc. between March 4, 2011 and November 15, 2011, inclusive.
If you purchased the common stock of Cooper during the Class Period, you may move the Court for appointment as lead plaintiff by no later than January 27, 2012. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. Your share of any recovery in the action will not be affected by your decision of whether to seek appointment as lead plaintiff. You may retain Lieff Cabraser, or other attorneys, as your counsel in the action.
Cooper shareholders who wish to learn more about the action and how to seek appointment as lead plaintiff should click here or contact Sharon Lee of Lieff Cabraser toll free at (800) 541-7358. |
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