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US court grants new sentencing for Mumia Abu-Jamal
Lawyer Blog News | 2011/04/26 18:15

A federal appeals court on Tuesday ordered a new sentencing hearing for convicted police killer and death-row activist Mumia Abu-Jamal, finding for a second time that the death-penalty instructions given to the jury at his 1982 trial were potentially misleading.

The 3rd U.S. Circuit Court of Appeals told prosecutors to conduct the new sentencing hearing within six months or agree to a life sentence. Abu-Jamal's first-degree murder conviction still stands in the fatal shooting of Officer Daniel Faulkner.

District Attorney Seth Williams said he would consider mounting another appeal to the U.S. Supreme Court.

Defense lawyers for the former Black Panther, meanwhile, said the ruling addresses "an unfortunate chapter in Pennsylvania history."

"Pennsylvania long ago abandoned the confusing and misleading instructions and verdict slip that were relied on in Mr. Abu-Jamal's trial in order to prevent unfair and unjust death sentences," said Widener University law professor Judith Ritter, who argued the most recent appeal in November. "Mr. Abu-Jamal is entitled to no less constitutional protection."



Court questions limits on use of prescription data
Court Feed News | 2011/04/26 17:15

The Supreme Court cast doubt Tuesday on efforts by states to limit drug manufacturers' use of information about the prescription drugs that doctors like to prescribe.

The court took up a dispute between the state of Vermont and companies that sell doctors' prescribing information to pharmaceutical companies, though without patient names. The drug makers use the data to tailor their pitch to individual doctors.

The Vermont law had prevented the sale of information about individual doctors' prescribing records without the doctors' permission.

But several justices said the so-called data mining law raised troubling constitutional concerns because it appeared to make it harder for brand-name drug makers to state their case, while placing no similar restrictions on the state, insurance companies and others who favor the increased use of cheaper generic medicines.

Chief Justice John Roberts said the Vermont law seemed to be "censoring" what doctors could hear. Justice Ruth Bader Ginsburg said the court has ruled in the past that governments "can't lower the decibel level of one speaker so others can be heard better."

A federal appeals struck down the Vermont law as a restriction on commercial free speech that violates the First Amendment, but another appeals court rejected the constitutional challenge and upheld similar laws in Maine and New Hampshire.



Wis. court recount will cost hundreds of thousands
Court Feed News | 2011/04/26 16:16
County clerks say the Wisconsin Supreme Court recount will cost them at least a half-a-million dollars.

The Associated Press asked clerks in all 72 counties for their anticipated costs. Twenty-two provided cost estimates ranging from $120 in Price County to $500,000 in Milwaukee County. The total cost for the 22 counties was about $570,000.

Final county tallies released earlier this month show challenger JoAnne Kloppenburg down by 7,316 votes to incumbent Justice David Prosser. Kloppenburg demanded a recount last week. The counties must perform it free of charge to Kloppenburg because the margin between the candidates is less than one-half of 1 percent of all votes cast.


Lawsuit over fish pedicures heads to Arizona court
Business Law Info | 2011/04/26 15:15

The Arizona Court of Appeals plans to hear arguments Wednesday on a civil lawsuit involving a Gilbert spa owner whose clients paid to have fish eat dead skin off their feet.

The case was filed by the Goldwater Institute on behalf of spa owner Cindy Vong.

A lower court dismissed the suit.

The Arizona Republic reports the Arizona Board of Cosmetology threatened to pull Vong's license in early 2009 if she didn't stop offering the pedicure service. The board alleged the fish were unsafe because they could not be sterilized.

Vong says the board's ruling hurt her financially.

The Institute sued in December 2009, alleging the board lacked jurisdiction over the practice because it was not a cosmetic service and that it violated Vong's right to run her business.



Ind. school shooting suspect to be tried as adult
Criminal Law Updates | 2011/04/26 10:17
A judge on Monday bound over to adult court a 15-year-old boy accused to trying kill another teen by shooting him at a central Indiana middle school just minutes after posting "today is the day" on his Facebook page.

Michael Phelps, bound by shackles, was led from Morgan Superior Court by sheriff's deputies as members of his family hugged each other and his grim-faced mother left his side and headed for the exits without saying a word.

Phelps was expected to face six felony charges including attempted murder and aggravated battery in the March 25 shooting of 15-year-old Chance Jackson at Martinsville West Middle School, about 30 miles south of Indianapolis.

"The evidence presented would indicate to a reasonable person that is was a cold, calculated and planned act of violence with intent to kill," Morgan Superior Court Judge Christopher Burnham said, reading his 10-page ruling.

Defense attorney Steven Litz had argued that Phelps, who will turn 16 on May 5, should be tried as a juvenile. Litz contended that the teen had a troubled childhood and would emerge from prison far worse than when he entered if convicted as an adult.


Md. court considering same-sex spousal privilege
Court Feed News | 2011/04/25 16:06
A court in Hagerstown is poised to consider whether a woman who legally married her lesbian partner in another jurisdiction can assert the spousal privilege of refusing to testify against her in Maryland, where same-sex marriage isn't allowed.

Lawyers are set to argue their positions Monday during a hearing in a 2010 assault case

Washington County prosecutors want the judge to compel Sharron Saleem to testify about her statement to police that Deborah Snowden pushed her and threatened her with a knife.

A brief filed by Snowden's public defender cites a 2010 opinion by Maryland Attorney General Douglas Gansler that out-of-state, same-sex marriages may be recognized under Maryland law. But Gansler's opinion didn't directly address the question of spousal privilege.


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