|
|
|
High court reinstates 'shaken baby' conviction
Legal Career News |
2011/10/31 13:52
|
The Supreme Court has again reinstated the conviction of a California woman for shaking her 7-week-old grandson to death, a final ruling that ends a protracted dispute with the federal appeals court in San Francisco.
The justices voted 6-3 Monday to reverse the 9th U.S. Circuit Court of Appeals' ruling in favor of Shirley Ree Smith. The appeals court had three times set aside Smith's conviction, saying the case likely was "a miscarriage of justice." The appeals court said there was "no demonstrable support" for the prosecution's theory of the case.
But the high court said that even though doubts about Smith's guilt are "understandable," the appeals court should have deferred to state courts that upheld Smith's conviction.
Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor dissented.
Ginsburg, writing for the dissenters, said the court should have passed up the chance to "teach the 9th Circuit a lesson" in a tragic case.
"What is now known about shaken baby syndrome casts grave doubt on the charge leveled against Smith; and uncontradicted evidence shows that she poses no danger whatever to her family or anyone else in society," Ginsburg said. |
|
|
|
|
|
|
Chavez orders more land taken from British firm
Legal World News |
2011/10/31 09:51
|
Venezuela's president on Sunday ordered the expropriation of 716,590 acres belonging to a British-owned company amid a disagreement over compensation for earlier takeovers of ranchland from the firm.
President Hugo Chavez announced the latest seizure after saying that Venezuela refuses to pay compensation in foreign currency to Agropecuaria Flora, a local subsidiary of the British company Vestey Group.
Chavez said the government had received a demand from the company that it be paid in dollars for the previous seizure of tens of thousands of acres. But the government insists in paying in bolivars, Venezuela's currency.
It's difficult for foreign companies operating in Venezuela to repatriate profits and other income in bolivars due to foreign currency controls in the South American country.
Representatives of Agropecuaria Flora did not answer telephone calls seeking comment Sunday.
Venezuela's expropriation of farm and ranch lands began in earnest in 2005, with the government employing a 2001 law allowing it to seize lands deemed idle or not adequately used. |
|
|
|
|
|
|
Court sidesteps Connecticut student speech case
Court Feed News |
2011/10/30 15:52
|
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. |
|
|
|
|
|
|
Pensions the latest political risk for RI governor
U.S. Legal News |
2011/10/30 15:51
|
In 10 months in office, Gov. Lincoln Chafee has managed to anger an impressive assortment of constituencies: business leaders and organized labor, medical marijuana advocates and critics of illegal immigration.
It's been a bumpy ride for the nation's only independent governor, who insists he's only doing what is necessary to stabilize government finances and heal the state's frail economy. But so far Chafee is winning criticism faster than compliments, a risky move for a politician without a party elected by less than half of Rhode Island's voters.
"This is a tough year — there are no surprises there," Chafee told the Associated Press during a recent interview. "This year's budget was one of the worst. ... We're facing a very difficult economy. My belief is the status quo is unacceptable here in Rhode Island. Changes have to be made."
There's no question Chafee took office during one of the most challenging times in Ocean State history. The state's jobless rate remains stubbornly high at 10 percent. The financially troubled city of Central Falls was forced to seek bankruptcy protection. A state budget deficit that once stood at $300 million led to difficult spending cuts even as the state's long-looming pension crisis further destabilized government coffers. |
|
|
|
|
|
|
Appeals court overturns key Cape Wind clearance
Legal Career News |
2011/10/28 16:45
|
A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.
A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.
The court ordered the "no hazard" determinations vacated and remanded back to the FAA.
It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.
The decision signals further delays for the project, which has struggled to find financing. |
|
|
|
|
|
|
Man pleads guilty to Picasso theft at SF gallery
Court Feed News |
2011/10/28 16:44
|
A New Jersey man who walked out of a San Francisco gallery with a pencil sketch by Pablo Picasso worth $275,000 pleaded guilty to grand theft Thursday.
Workers at the Weinstein Gallery said Mark Lugo brazenly snatched the drawing, called "Tete de Femme" (Head of a Woman), from a wall of their gallery on July 5. Lugo then walked down the street and got into a cab with the sketch under his arm.
But quick police work, video surveillance cameras and an alert taxi driver led to his arrest within 24 hours.
When investigators searched Lugo's apartment in Hoboken, N.J., they uncovered a treasure trove of stolen art worth some $430,000.
Lugo, 30, pleaded guilty to grand theft in the San Francisco case. Under terms of a plea deal, prosecutors agreed to drop other charges, including burglary. The deal calls allows for Lugo to be released on his sentencing date, Nov. 21, after getting credit for the time he has already served.
His attorney, Douglas Horngrad, said Lugo would then be extradited to New York to face similar charges in art heists there. |
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
