Utah-to-Boston passenger denies child porn charge
Legal Topics | 2011/11/28 17:22
A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.

Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.

Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.

Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.

Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave.


NY federal appeals court reverses Bruno conviction
Legal Topics | 2011/11/16 17:40
A federal appeals court has tossed out the conviction of a former Republican leader of the New York Senate.

The 2nd U.S. Circuit Court of Appeals rejected the conviction of Joseph Bruno.

He was convicted in 2009 of denying taxpayers honest services by concealing a deal with a business associate who paid him as a consultant.

It was expected that the 2nd Circuit would reverse the conviction after the U.S. Supreme Court last year ruled in the case of former Enron CEO Jeffrey Skilling. The Supreme Court found that federal statutes used to fight white-collar and public official fraud only criminalize schemes with proof of bribes or kickbacks.

The 2nd Circuit agreed to return the case to the lower court in Albany, where prosecutors can seek a superseding indictment.


Russia court rejects $16 billion claim against BP
Legal Topics | 2011/11/14 19:13
A Russian court on Friday rejected a $16 billion claim against BP PLC filed by an obscure minority shareholder in BP's Russian venture, TNK-BP.

The court victory may have softened the blow that BP sustained when Rosneft dropped it as a partner in developing Russia's untapped Arctic oil and gas riches. The multibillion dollar deal broke down after TNK-BP's Russian billionaire shareholders blocked it, claiming that BP should be pursuing it through TNK-BP.

The Arbitration Court in the Tyumen region in Siberia on Friday dismissed two motions filed by a group of minority shareholders led by Andrei Prokhorov, who owns 0.0000106 percent in TNK-BP. The lawsuits are a $13 billion claim against BP and a $2.8 billion suit against two BP-nominated directors on TNK-BP's board.

Prokhorov and other shareholders claimed that BP and its representatives damaged TNK-BP's interests by failing to include the Russian venture in the Arctic deal with Rosneft.

BP's Russian partners in TNK-BP have denied any connection to the minority shareholder's suit. The claim was the reason why Russian police raided BP's office in August, which happened just days after Rosneft teamed up with ExxonMobil to develop the Arctic.


Govt asks justices to stay out of immigration case
Legal Topics | 2011/11/11 17:36
The Justice Department on Thursday urged the Supreme Court to stay out of a lawsuit involving Arizona's immigration law, saying lower courts properly blocked tough provisions targeting illegal immigrants.

The state law is a challenge to federal policy and is designed to establish Arizona's own immigration policy, the department's solicitor general said in a filing with the justices. Arizona says the law is an effort to cooperate with the federal government.

One provision requires that police, while enforcing other laws, question a person's immigration status if officers suspect they are in the country illegally. In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of that and other key provisions in the Arizona law.

Arizona Gov. Jan Brewer is seeking to overturn the judge's decision and wants Supreme Court review of the case, arguing that the issues are of compelling, nationwide importance.


Court upholds conviction in Pa. murder case
Legal Topics | 2011/11/08 17:17
The Supreme Court used its first opinion of the new term on Tuesday to uphold the murder conviction of a man in a Pennsylvania grocery store shooting.

The high court on Tuesday upheld Eric Greene's conviction in the 1993 shooting death of the owner of a grocery store in North Philadelphia.

Greene had complained that the confessions of some of the men who were with him at the time of the shooting should not have been introduced at his trial since they were not testifying. The introduction of those redacted confessions violated his right to confront his accusers, Greene said.

The 3rd U.S. Circuit Court of Appeals upheld his conviction, despite the fact that the Supreme Court had decided a similar case in 1998 that would have supported Greene's claim.

The Supreme Court, which heard arguments on this case in October, unanimously agreed with the lower court. The 1998 decision in Gray v. Maryland came after the Pennsylvania Supreme Court ruled on Greene's case, noted Justice Antonin Scalia, who wrote the term's first opinion of an argued case.


Court: Fla. must weigh arbitration in Madoff case
Legal Topics | 2011/11/07 20:14
The Supreme Court says the Florida courts should reconsider whether arbitration is required for claims against an auditing firm that worked on a fund that invested with Bernie Madoff.

The high court on Monday reversed a decision by a Florida appeals court. KPMG was sued by investors in the Rye Funds, which lost millions of dollars to Madoff's Ponzi scheme. KPMG was the auditor for the Rye Funds, and the investors said the company did not use proper auditing standards.

KPMG says its contract requires arbitration but the state courts would not allow it.

The Supreme Court ruled that the Florida courts only looked at part of the claims being brought against KPMG. The high court ordered the lower courts to investigate all of the claims before making a decision.
 


Court sidesteps Connecticut student speech case
Legal Topics | 2011/10/31 15:47
The Supreme Court is refusing to disturb a court ruling that Connecticut school officials acted reasonably in disciplining a student for an Internet posting she wrote outside of school.

The justices on Monday turned down an appeal from Avery Doninger, who was a high school junior in Burlington, Conn., when she took to the Internet to criticize administrators for canceling a popular school activity.

Doninger sued school officials after they punished her by preventing her from serving as class secretary as a senior.

The 2nd U.S. Circuit Court of Appeals in New York sided with the school officials.


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