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2 year sentence for convicted Hilton trespasser
Criminal Law Updates | 2011/06/30 08:56

A man convicted of attempting to burglarize Paris Hilton's home has been sentenced to two years in state prison.

City News Service reported that Los Angeles Superior Court Judge Michael Kellogg also recommended during Wednesday's hearing that Nathan Lee Parada undergo mental health counseling.

A jury took less than an hour in April to convict the 32-year-old of felony attempted residential burglary for trying to break into Hilton's house in August.

The socialite testified during Parada's trial about being awoken early Aug. 24 to the sound of Parada banging on Hilton's window with a knife. Parada told a detective he planned to steal as much as he could carry and move to a deserted island.

His defense attorney argued that Parada had not taken antidepressant medication for days before his arrest.



High court to rule on FCC indecency policy
Lawyer Blog News | 2011/06/29 16:30
The Supreme Court will take up the First Amendment fight over what broadcasters can put on the airwaves when young children may be watching television.

The justices said Monday they will review appeals court rulings that threw out the Federal Communications Commission's rules against the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's "NYPD Blue."

The Obama administration objected that the appeals court stripped the FCC of its ability to police the airwaves.

The U.S. television networks argue that the policy is outdated, applying only to broadcast television and leaving unregulated the same content if transmitted on cable TV or over the Internet.

In a landmark 1978 decision, the court upheld the FCC's authority to regulate both radio and television content, at least during the hours when children are likely to be watching or listening. That period includes the prime-time hours before 10 p.m.

The "NYPD Blue" episode led to fines only for stations in the Central and Mountain time zones, where the show aired at 9 p.m., a more child-friendly hour than the show's 10 p.m. time slot in the East.


State seeks dismissal of Smart kidnapper charges
Lawyer Blog News | 2011/06/29 16:28

Prosecutors have asked a judge to dismiss state charges against Elizabeth Smart's kidnapper after the man was convicted in federal court and sentenced to life in prison.

Brian David Mitchell was sentenced May 25 to two life sentences without parole for the 2002 kidnapping and rape of Smart. He was convicted in U.S. District Court in Salt Lake City in December.

Federal prosecutors moved to take over the state case in 2008 after it stalled over questions about Mitchell's mental health.

In papers filed this week, Salt Lake County District Attorney Sam Gill seeks the dismissal of all state charges against Mitchell, citing his federal conviction and life sentences.

Smart was 14 when she was taken at knifepoint from her Salt Lake City bedroom.



BofA Near $8.5B Deal to Settle Big Investors' Claims
Business Law Info | 2011/06/29 05:13

Bank of America Corp. is close to finalizing a deal to pay $8.5 billion to settle claims by a group of investors that the bank sold them poor-quality mortgage-backed securities that went sour when the housing market tanked, according to a person familiar with the settlement talks.

The Charlotte, North Carolina, bank was continuing talks late Tuesday with the group, which includes the Federal Reserve Bank of New York, Pimco Investment Management, the world's largest bondholder, and Blackrock Financial Management. It is expected to announce an agreement as early as Wednesday, the person said on condition of anonymity because the matter was still developing.

The deal comes eight months after the group fired off a letter to Bank of America demanding that it repurchase $47 billion in mortgages that its Countrywide unit sold to them in the form of bonds. The investors have argued that Countrywide's practice of modifying loans found to have faulty paperwork or those written outside of normal underwriting standards breached signed agreements with the investors. By continuing to service bad loans rather than speeding up foreclosures, the group has claimed that Countrywide ran up servicing fees, enriching itself at the expense of investors. The New York Fed is involved because it took over assets held by American International Group Inc., which faltered under the weight of bad home loans that it insured.

Bank of America, which paid $4 billion for Countrywide in 2008, has dismissed suggestions that its handling of loan modifications and other efforts to prevent foreclosure have violated the terms of the mortgage-backed securities that the investors hold. In November, CEO Brian Moynihan said he was in day-to-day "hand-to-hand combat" with investors' demands.



Idaho landowners to get high court hearing
Lawyer Blog News | 2011/06/28 19:10

The Supreme Court has agreed to consider the rights of landowners when confronted with an order from the Environmental Protection Agency that they are violating the federal Clean Water Act.

The justices on Tuesday added the case of Idaho property owners Chantell and Michael Sackett to their lineup for the term that begins in October. The Sacketts contend that EPA left them with no practical way to object to the agency's determination that work on their half-acre parcel violated federal law and tried to coerce their compliance through the threat of costly fines.

The Sacketts say they would either have to apply for a federal permit that could cost as much as the property itself, or wait for the EPA to go to court to force them to comply.



Court won't revive Clemens lawsuit against trainer
Court Feed News | 2011/06/28 18:10

The Supreme Court won't revive baseball star Roger Clemens' lawsuit against his former personal trainer for claiming he injected the pitcher with steroids and human growth hormones.

The high court on Tuesday refused to hear an appeal from the seven-time Cy Young winner, who has an upcoming perjury trial in Washington.

The 5th U.S. Circuit Court of Appeals threw out Clemens' defamation suit against his longtime trainer Brian McNamee, saying a Texas federal court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

Clemens wanted that decision overturned, but the high court refused to take up the case.

McNamee said in New York he had injected Clemens with steroids and HGH and repeated those allegations during an interview at his New York home to a writer for SI.com.

Clemens has denied using performance-enhancing drugs, and testified in front of the House Oversight and Government Reform Committee in February 2008 that he never used drugs in his 24-year career.

Prosecutors say that was a lie and have charged him with false statements, perjury and obstruction of Congress. The former pitching star's criminal trial is expected to begin on July 6.



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