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U.S. court to decide case of Mexican on death row
Lawyer Blog News | 2007/04/30 13:49

The U.S. Supreme Court said on Monday it would decide whether President George W. Bush had the authority to direct a state court to comply with an international tribunal's ruling in the case of a Mexican on death row in Texas. The justices agreed to review a decision by the Texas Court of Criminal Appeals that concluded Bush had exceeded his constitutional authority by intruding into the independent powers of the judiciary.

The case involved Jose Medellin, who was denied the right to meet with a consular officer from Mexico after his arrest for murder.

The World Court in The Hague in 2004 ordered the United States to review the cases of Medellin and 50 other Mexican death row inmates because U.S. officials failed to tell them of their right under the Vienna Convention to talk to consular officers immediately after their arrests.

Bush in 2005 decided to comply with the World Court's ruling and he directed state courts to review the 51 cases to determine whether the violation of their rights caused the defendants any harm at trial or at sentencing.

Bush's action caused the Supreme Court to dismiss an earlier appeal by Medellin without deciding the merits of the dispute and to send the case back to the Texas courts.

After losing before the Texas Court of Criminal Appeals, Medellin's attorneys again appealed to the Supreme Court. They said the Texas court has put the United States in violation of its undisputed treaty obligations.

Bush administration attorneys supported Medellin's appeal. They said Bush acted within his authority and that the Texas court invalidated a presidential action "on a matter of international importance."

Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston. The brutal killings stemmed from a gang initiation.

Lawyers for the state opposed the appeal. They said Bush exceeded his authority and that he cannot pre-empt Texas criminal law.

The Supreme Court will hear arguments and decide the case during its upcoming term that begins in October.



D.C. Judge's pants lost, he sues for $65 Million
Court Feed News | 2007/04/29 00:12

Roy Pearson started legal action claiming Custom Cleaners lost a pair of suit trousers he took in for $10 alterations two years ago. The cleaners' lawyers offered to pay Pearson, an administrative law judge for the District of Columbia, as much as $12,000 to end the row. But astonishingly, Pearson is pressing ahead through the courts with the unbelievable claim for $65,462,500.
 
Pearson, an administrative law judge in Washington DC, claims he's owed the money because he devoted more than 1000 hours to represent himself in the battle.

He insists he has been put through "mental suffering, inconvenience and discomfort". And because he does not have a car, he says he'll now have to RENT one just to get his clothes cleaned at another store.

According to court papers, Pearson dropped off his trousers on May 3, 2005. But they were not ready when he returned later.

Aweek later, the cleaners came up with grey trousers they said were Pearson's - but he insisted they were not the ones he dropped off.

This week, DC Superior Court judge Neal Kravitz said: "The court has significant concerns that the plaintiff is acting in bad faith because of the breathtaking magnitude of the expansion he seeks."

Lawyer Chris Manning, representing Custom Cleaners' owners Ki, Jin and Soo Chung, said: "They have been abused in a ghastly way. It's going to cost them tens of thousands to defend this case."

The Chung family insist his trousers are still at the store, waiting to be collected.



Changes Urged for Student Privacy Law
Legal Career News | 2007/04/28 19:19

A lawmaker who also is a child psychologist wants Congress to better define when a university can release students' mental health information to their parents. Last week's massacre at Virginia Tech shows the need for such legislation, said Rep. Tim Murphy, R-Pa. Virginia Tech student Seung-Hui Cho, 23, went on a shooting spree in a dormitory and classroom building on campus, killing 32 people and himself. It is unclear what, if any, contact the university had with Cho's parents even after a professor removed him from class for violent writing and disruptive behavior.

Murphy said he would introduce a bill that would allow a university to notify a student's parents without fear of violating privacy laws if that student is deemed to be at risk of committing suicide, homicide or physical assault.

The Federal Educational Rights and Privacy Act of 1974 allows access to records in case of an emergency or to protect the health of a student. Parents also can be notified if the student consents.

But the law is written too vaguely, Murphy said in a letter to House colleagues.

"There are many examples where information was not released to parents or guardians regarding a student's mental health, which led to miscommunications and withholding of vital information that would have prevented suicides, assaults and other crimes," Murphy said.

A magistrate ordered Cho in December 2005 to have an evaluation at a private psychiatric hospital after two women complained about annoying calls from him, and an acquaintance reported he might be suicidal. An initial evaluation found probable cause that Cho was a danger to himself or others as a result of mental illness.

David Shern, president of Mental Health America, an advocacy group for people with mental illness, said Murphy's plan sounds reasonable, but he would like to see the specifics.



New York governor unveils gay marriage bill
U.S. Legal News | 2007/04/28 19:18

New York Governor Eliot Spitzer (D) introduced a bill Friday to legalize gay marriage in New York. In a press release, Spitzer said: Under current law, partners unable to enter into a civil marriage - and their children - lack legal protections taken for granted by married couples. In such areas as property ownership, inheritance, health care, hospital visitation, taxation, insurance coverage, child custody and pension benefits, married couples receive important safeguards against the loss or injury of a spouse, and crucial insurance against legal intrusion into marital privacy.

Spitzer reportedly seeks to fulfill a campaign promise he made last October in his run for governor to support a gay marriage bill. In response, State Senate Majority Leader Joseph Bruno (R) announced that he still opposed recognizing same-sex marriage, and suggested that in the wake of the recent killing of a New York state trooper Spitzer should put more priority on reintroducing the death penalty for criminals who kill police officers.

Spitzer has admitted that his bill is unlikely to receive support from state lawmakers. Gay marriage advocates nonetheless applauded the bill as a step forward. "Today is a watershed moment in our community's struggle to win the freedom to marry," said Alan Van Capelle, executive director of gay rights group Empire State Pride Agenda.



Bush presses Japanese PM over beef trade dispute
Law & Politics | 2007/04/28 14:58

President George W. Bush pressed Japanese Prime Minister Shinzo Abe on Friday over a beef trade standoff, telling the leader in an official visit that Japanese consumers should be eating U.S. beef. "I brought up to the prime minister that I'm absolutely convinced the Japanese people will be better off when they eat American beef," Bush told a news conference while standing alongside the Japanese leader.

"It's good beef; it's healthy beef. As a matter of fact, I'm going to feed the prime minister's delegation a good hamburger for lunch," he said.

U.S. officials, along with the beef industry, have been pushing Japan to loosen its import rules on beef, hoping to rebuild a robust trade with the Asian nation. They want to see Japan accept meat from older animals and also seek an end to mandatory inspections of each box of beef.

Currently, Japan accepts U.S. meat from animals 20 months or younger, but exporters would like to see meat shipped from animals up to 30 months old. They would also like to see a full range of beef exports — boneless and bone-in.

But most industry officials do not expect any change until after a ruling next month from the World Animal Health Organization (OIE), which is expected to confirm the United States as a "controlled risk" country.

U.S. beef exports to Japan were about $1.4 billion a year until 2003, when mad cow disease was discovered in the United States. For 2006, that figured stood at $66 million.

Earlier this week, the Agriculture Department announced it would allow Japan to inspect U.S. beef processing plants, which puts the United States one step closer to more trade.

According to Agriculture Secretary Mike Johanns, Japan will drop its mandatory inspection rule for U.S. beef shipments once those plant visits take place.

Beef trade with Japan is just one instance in which U.S. agriculture interests complain trading partners fail to set import rules according to world health and safety standards.



Ex-Justice Dept. Lawyer Under Scrutiny in Probe
Legal Career News | 2007/04/28 13:57

A federal task force investigating the activities of disgraced lobbyist Jack Abramoff has in recent weeks been looking into whether one of Abramoff's colleagues improperly traded favors with a Justice Department lawyer, sources familiar with the Abramoff investigation said yesterday. The lawyer, Robert E. Coughlin II, resigned on April 6 as deputy chief of staff in the Criminal Division, citing personal reasons, a department spokesman said.

"Bob gave a personal reason for his resignation," said spokesman Bryan Sierra. He stressed that Coughlin "had no involvement" in the department's investigation of Abramoff.

Coughlin had worked in the criminal division since 2005 but was recused from the Abramoff inquiry because of a longtime personal friendship with Kevin A. Ring, one of Abramoff's lobbying colleagues whose actions are under investigation, a law enforcement source said. Investigators are looking into dealings between the two in 2001 and 2002, when Coughlin worked in the Justice Department's Office of Legislative and Intergovernmental Affairs, the sources said.

Coughlin and Ring were friends on Capitol Hill in the 1990s when both worked as staffers to then-Sen. John D. Ashcroft (R-Mo.), who became attorney general in 2001.

Coughlin's resignation and the surfacing of his name in the Abramoff investigation were first reported yesterday by McClatchy Newspapers.

Investigators came across Coughlin's name while looking into whether Ring improperly sought or received favors for lobbying clients from people in government, the sources told The Washington Post.

Ring took Coughlin to sporting events with tickets provided by his lobbying firm, according to sources familiar with the inquiry.

The task force has tracked millions of dollars in meals, trips, tickets, gifts and campaign contributions that the Abramoff lobbying team lavished on lawmakers and staffers. The investigation has so far resulted in 11 convictions and guilty pleas from lobbyists, staffers, two administration officials and a congressman.

An attorney for Ring could not be reached for comment. Coughlin did not answer calls to his home yesterday, and a lawyer who is serving as his spokesman did not return phone calls seeking comment.

Coughlin is the second Justice Department official whose name has surfaced in the wide-ranging Abramoff investigation. Earlier this year, Sue Ellen Wooldridge, deputy assistant attorney general for environment and natural resources, abruptly resigned when her boyfriend -- now her husband -- was notified that he was a criminal target. J. Steven Griles, former deputy secretary of the Interior Department, has since pleaded guilty to lying to Congress about Abramoff.



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