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Texan freed by DNA test after 25 years exonerated
Criminal Law Updates | 2011/10/13 14:39

A Texas appeals court on Wednesday formally exonerated a former grocery store clerk who spent nearly 25 years in prison for his wife's 1986 beating death, reaffirming a judge's decision to set him free last week based on DNA testing that linked her killing to another man.

The Texas Court of Criminal Appeals declared Michael Morton innocent of killing his wife, Christine, and made him eligible to receive $80,000 from the state for each year of confinement, or about $2 million total.

Morton, 57, was convicted on the basis of circumstantial evidence and sentenced to life in prison. He maintained over the years that his wife and their 3-year-old son were fine when he left for work at an Austin Safeway the day she was killed, and that an intruder must have attacked her.

DNA found during tests this summer on a bloody bandana discovered near the crime scene matched that of a former convict, who remains at large. Prosecutors recommended that Morton be freed immediately after that man's DNA was also linked to a hair found 17 months later at the scene of another woman's beating death in north Austin, about 15 miles (24 kilometers) from the Mortons' home.



Lawyer: First Toyota case to go to trial in 2013
Legal Career News | 2011/10/12 15:58
A lawyer says a case against Toyota Motor Corp. that was dismissed by a federal judge in California last month has been refiled and will be the first to reach trial out of hundreds of sudden acceleration complaints.

Plaintiffs' attorney Mark Robinson said Tuesday that the case of two Utah residents will go to trial in February 2013. They were killed when their Toyota Camry slammed into a wall last year.

The trial had been one of several bellwether cases expected to determine how other lawsuits would proceed. But U.S. District Judge James Selna ruled in September that he didn't have jurisdiction because a certain claim in the lawsuit could not reach $50,000 in damages.

Robinson says he has removed the Toyota dealer from the case so it can move forward.


High court looks at routine strip searches in jail
Court Feed News | 2011/10/12 14:54

The Supreme Court is grappling with the question of whether jailers need a reason to suspect someone may be hiding a weapon or drugs before subjecting the person to an invasive strip search.

The court on Wednesday heard arguments concerning just how close jail guards can get to inmates who forced to undress and shower — and how thorough those searches can be. The issues arose in the case of Albert Florence, who was arrested on a warrant for an unpaid traffic fine and strip-searched in two county jails.

Corrections and the Obama administration back a policy that allows close searches of anyone entering the general jail population. Lawyers for Florence argue that while people brought in on minor charges can be asked to disrobe and shower while being watched at a distance, they should not have to submit to a more thorough search without reason.



Merck Australia wins appeal in Vioxx lawsuit
Lawyer Blog News | 2011/10/12 11:55

An Australian court on Wednesday overturned a judgment that found the once-popular painkiller Vioxx doubled the risk of heart attack and was unfit for consumption.

The Federal Court's decision reverses a 2010 ruling that had found in favor of an Australian man who blamed the since-recalled drug for a heart attack he suffered. The court said the man, a former smoker, was susceptible to a heart attack independent of taking the drug.

The 2010 judgment — which awarded Graeme Peterson 287,000 Australian dollars ($285,000) in compensation — had opened the door for claims from hundreds of other litigants in a lawsuit against U.S. pharmaceutical giant Merck & Co. over the arthritis painkiller.

Vioxx was taken off the international market in 2004 after research showed it raised the risk of heart attacks and strokes. Merck, the world's second-largest drugmaker by revenue, later paid a $4.85 billion settlement to resolve about 50,000 lawsuits in the U.S.

Peterson sued Merck and its Australian subsidiary, Merck Sharpe & Dohme, arguing the painkiller was the cause of his 2003 heart attack, which left him unable to work.

In March 2010, Federal Court Judge Christopher Jessup found that Merck Sharpe & Dohme failed in its duty of care by not warning Peterson's doctor about the drug's potential cardiovascular risks, and by its sales representatives emphasizing the drug's safety. Jessup also concluded that the consumption of Vioxx doubled the risk of heart attack and was unfit for use as a pain reliever.

Merck Sharpe & Dohme appealed that decision. On Wednesday, the Federal Court in Melbourne ruled the 2010 judgment should be thrown out and said the drug company was not liable for damages. The money originally awarded to Peterson has been held by the court since the initial ruling, so there is nothing for him to pay back.



Court won't hear gay dads' birth certificate case
Legal Career News | 2011/10/12 10:56

The Supreme Court has rejected an appeal from a gay couple who want both of their names to appear on the Louisiana birth certificate of the child they adopted.

The court said Tuesday it won't review a federal appeals court ruling against the adoptive parents. The appeals court ruled that the Louisiana registrar's insistence that only one father's name can go on the certificate does not violate the child's right to equal protection under the law or deny legal recognition of the adoption by both men. The adoption occurred in New York, which allows same-sex couples to adopt.

Louisiana says its birth certificate policy reflects state law prohibiting adoption by unmarried couples, whether heterosexual or gay.



Court won't hear appeal from Alamo followers
Court Feed News | 2011/10/11 16:20
The Supreme Court won't hear an appeal from followers of evangelist Tony Alamo (uh-LAHM'-oh) who had their children taken away when they wouldn't agree not to expose them to the controversial ministry.

The high court on Tuesday refused to hear an appeal from several Alamo followers, who sued the Arkansas Department of Human Services after their children were taken away in 2008.

Prosecutors won sexual abuse convictions against Alamo in 2009. Social workers feared the children might someday be abused, and told the parents to break their financial dependence on Alamo's ministry. The parents refused.

The Arkansas Supreme Court ruled that the taking of the children was not a barrier to the parents' constitutional rights to practice religion.


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