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Loughner lawyer says she can't provide discovery
Court Feed News | 2011/06/07 11:10

The Tucson shooting rampage suspect's lawyer says she's unable to provide discovery requested by prosecutors until her client is declared competent to stand trial.

In a Monday filing, defense attorney Judy Clark says the court's finding that Jared Lee Loughner is incompetent to stand trial makes it clear that she "cannot have rational or meaningful communication" with him.

She says she also cannot consult with him about any possible defenses or evidence that may be presented at trial until he is declared competent.

Judge Larry Burns ruled last month that Loughner is mentally unfit to assist his lawyers or understand the charges he faces.

Loughner has pleaded not guilty to charges stemming from the Jan. 8 Tucson mass shooting that killed six and injured 13, including Rep. Gabrielle Giffords.



Ex-IMF leader pleads not guilty to sex assault
Criminal Law Updates | 2011/06/06 16:41

The former International Monetary Fund head charged with trying to rape a Manhattan hotel maid formally said he was innocent of the charges Monday in his first court appearance in the case in two weeks.

Dominique Strauss-Kahn pleaded not guilty in a strong voice at the brief proceeding, standing between his defense team as his wife, journalist Anne Sinclair, watched.

State Supreme Court Justice Michael Obus went through the formality of telling Strauss-Kahn he needed to appear in court and had a right to be present at his trial, to which the economist said "yes."

The French diplomat appeared in court for the first time since he was released on $6 million in cash bail and bond last month. He has been under house arrest that includes 24-hour monitors and armed guards, first in a downtown Manhattan apartment and now in a deluxe, $50,000-a-month Tribeca town house.

About 50 hotel workers bused in by their union gathered outside the courthouse to jeer Strauss-Kahn, many wearing their work uniforms. They shouted "shame on you" as he arrived, and again as he left in a black sport-utility vehicle.



Court orders new look at Pa. city immigration law
Court Feed News | 2011/06/06 16:38
The Supreme Court ordered a federal appeals court on Monday to take a new look at a Pennsylvania city's crackdown on illegal immigrants in light of the high court's recent decision upholding an Arizona employer-sanctions law.

The high court threw out a ruling by the 3rd U.S. Circuit Court of Appeals that prevented the city of Hazleton from enforcing regulations that would deny permits to business that hire illegal immigrants and fine landlords who rent to them.

The measures inspired similar laws around the country, including the one in Arizona that deals only with penalties for employers.

The justices typically order lower courts to re-examine cases in light of a high court decision on a similar topic.

The Philadelphia-based 3rd Circuit ruled in September that Hazleton's Illegal Immigration Relief Act usurped the federal government's exclusive power to regulate immigration.


Court: Career criminal won't get less prison time
Legal Career News | 2011/06/06 16:28
The Supreme Court says a career criminal cannot get his sentence reduced because of a change in drug-crime penalties in North Carolina.

The high court on Monday turned away an appeal by Clifton McNeill, who pleaded guilty to gun and drug possession in 2008.

Lower courts increased his sentence under the Armed Career Criminal Act since he had previous drug and robbery convictions. But McNeill argued that his cocaine possession and intent to sell sentences shouldn't count because North Carolina had reduced the penalty for drug crimes since his conviction.

The Supreme Court unanimously ruled that those crimes still counted, since they were committed before the penalties were reduced.


Court says victim doesn't have to pay lawyer fees
Court Feed News | 2011/06/06 14:27

The Supreme Court says the family of a police chief convicted of extortion doesn't get attorney fees from his victim, another police chief.

The high court ruled Monday for Vinton, La. police chief Ricky Fox, who doesn't want to pay lawyer fees to the family of former chief Billy Ray Vice. Vice was convicted of extortion after threatening to reveal damaging information about Fox unless he dropped out of the police chief's election. Fox won the 2005 election.

Fox later sued Vice, but the 5th U.S. Circuit Court of Appeals said the lawsuit was frivolous and ordered Fox to pay Vice's attorney fees. A unanimous high court overturned that decision. Vice died last year.



Court says university, company co-owners of patent
Business Law Info | 2011/06/06 13:40

Ownership of a patent for technology to detect HIV levels in patients' blood was correctly split between Stanford University and the pharmaceutical giant Roche, the Supreme Court ruled Monday.

By a 7-2 vote, the high court upheld a lower court's decision making the company and the university co-owners of a patent for technology in HIV test kits.

Stanford asserted it owned the technology because its discoverer worked there. The 1980 Bayh-Dole Act allows universities to retain rights to research funded by federal grants.

But Stanford researcher Mark Holodniy also signed a contract that gave Roche the patent to anything that resulted from their collaboration. The U.S. Circuit Court of Appeals for the Federal Circuit made Roche and Stanford co-owners, and the high court agreed.

"Nowhere in the Act are inventors expressly deprived of their interest in federally funded inventions," said Chief Justice John Roberts, who wrote the majority opinion.

Justices Stephen Breyer and Ruth Bader Ginsberg dissented.

"I cannot so easily accept the majority's conclusion — that the individual inventor can lawfully assign an invention (produced by public funds) to a third party, thereby taking that invention out from under the Bayh-Dole Act's restrictions, conditions and allocation rules," Breyer said.



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