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Ohio man pleads guilty in abortion-gunpoint case
Criminal Law Updates | 2011/04/28 10:38
A man charged under an Ohio fetal homicide law with trying to force his pregnant girlfriend at gunpoint to get an abortion pleaded guilty Thursday to attempted murder, weapons and abduction counts.

Dominic Holt-Reid pulled a gun Oct. 6 on girlfriend Yolanda Burgess, who was three months pregnant, and forced her to drive to an abortion clinic, police said. Burgess, who was 26 at the time, did not go through with the procedure but instead passed a note to a clinic employee, who called police.

Prosecutors had brought their case against Holt-Reid using the state's 1996 law that says a person can be found guilty of murder for causing the unlawful termination of a pregnancy.

Holt-Reid, 28, faces up to 20 years in prison and a $40,000 fine. A presentencing investigation was ordered, and the next hearing was scheduled for June 9.

Holt-Reid had previously pleaded not guilty to charges of attempted murder, kidnapping, improper handling of a firearm and carrying a concealed weapon. His guilty pleas in Franklin County Common Pleas Court came a day after Prosecutor Ron O'Brien told The Associated Press in a statement that a plea deal was in the works.


Iowa court reverses child endangerment conviction
Legal Career News | 2011/04/28 10:35
The Iowa Court of Appeals on Wednesday overturned the conviction of a mother who has been imprisoned for nearly four years after being found guilty of injuring her young son, basing its decision on the boy's newfound ability to speak and claim he was hurt after sticking his arm into a washing machine.

Tammy Smith was found guilty of hurting her then-4-year-old son in 2006, after his arm was broken in four places and his shoulder dislocated. Prosecutors could not prove how the injury happened, but doctors testified it could only have been caused by a lot of force or leverage being applied to the child's arm. Smith was sentenced to 10 years in prison.

The boy was described as "developmentally delayed" and could only make grunting sounds and other noises at the time of Smith's trial. He has since been in school and met with counselors and has been able to talk about what happened, telling people he hurt his arm when he put it in a front-load washing machine that was on spin cycle.


Court: Tribe can't sue in dual courts
Court Feed News | 2011/04/27 13:54

The Supreme Court said Tuesday the Tohono O'Odham Nation cannot press its lawsuit claiming mismanagement of tribal resources in two different federal courts at the same time.

The Arizona-based tribe sued in both U.S. District Court and the U.S. Court of Federal Claims in December 2006, complaining the federal government had mismanaged its reservation lands, mineral resources and income.

The Court of Federal Claims threw out the lawsuit filed in its court, saying it did not have jurisdiction and the two lawsuits were too similar. The U.S. Court of Appeals for the Federal Circuit reinstated the lawsuit, however.

The high court ruled Tuesday in a 7-1 vote to throw out the lawsuit in the Court of Federal Claims again. The tribe's lawsuit in the U.S. District Court was not affected by this ruling.

Justice Ruth Bader Ginsburg dissented, and Justice Elena Kagan did not participate because she was involved with the case as solicitor general.



Ark. AG sues firm claiming to fix credit history
Headline News | 2011/04/27 12:55

Arkansas Attorney General Dustin McDaniel says he has sued a Texas-based company claiming to offer a quick fix for a damaged credit history, and illegally collecting fees in advance.

A news release from McDaniel's office on Tuesday said he had filed suit in federal court at Little Rock against TRW Ventures LLC, three affiliated companies and the owner of all four, Thomas Randall Wells.

The release said TRW represents that the company will remove all negative information from credit reports — even information that is accurate. The release said federal law bars such companies from charging or collecting any fee in advance, but TRW has charged advance fees up to $800.



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.



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