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Court: Judge wrongly found grandmother killer sane
Lawyer Blog News | 2010/12/24 19:02

The Indiana Supreme Court has determined a judge wrongly considered the condition of the state's mental health system in rejecting an insanity defense for a man convicted of stabbing his grandmother to death in front of family members.

In a 3-2 decision Wednesday, the justices said it was inappropriate for the judge to consider whether Gregory Galloway may have eventually been released if he was sent to a mental health facility.

Instead, he was found guilty but mentally ill and was sentenced to 50 years in prison. If he had been found insane, Galloway would have been sent to a mental hospital instead of prison.

"It is not for the judicial branch to decide that a legally insane defendant should be convicted and sentenced to prison because of the condition of the state's mental health system," Justice Frank Sullivan wrote in the 23-page ruling. "While we sympathize with the difficulty of the trial court's decision, we cannot sustain it."



Get-rich-quick scheme targeted in U.S. court
Lawyer Blog News | 2010/12/24 19:01

Consumers who were willing to plunk down two dollars for information on how to make money quickly or gain U.S. government grants, wound up paying far more than they expected, according to documents filed in U.S. District Court.

In a lawsuit filed in the U.S., a consumer group accuses companies of stealing money from consumers by billing debit and credit cards for products they did not want. According to a lawsuit filed by the U.S. Federal Trade Commission — a consumer protection agency — a variety of websites billed consumer's credit and debit cards hefty upfront fees and recurring monthly fees without the cardholder's consent.

The allegations in the suit have not been proven in court.

A total of 51 companies, 10 corporations and 10 individuals have been named in the legal action. According to the suit, one individual was behind the dizzying array of websites, shell corporations and companies. Nine others played various roles in the operation.

The statement of claim, filed in Nevada, said consumers were induced to pay a one-time fee of $1.99 to gain access to information on grant and wealth schemes. But then they were billed a fee of $129.95, and monthly fees of $59.95.

The parent company, I Works, came onto the radar at Visa and MasterCard when consumers began demanding millions of dollars in chargebacks, telling the credit card companies they had not approved charges that were showing up on their bills.



Vander Plaats may back impeaching Iowa justices
Court Feed News | 2010/12/24 18:03

Conservative activist Bob Vander Plaats said he would consider supporting efforts to impeach the remaining four Iowa Supreme Court justices if they don't take his advice and voluntarily step down from the bench.

"Right now, I'm focused on the resignation piece, but I think if they don't do the right thing, we may have to look at other options," said Vander Plaats.

He argued that Chief Justice Mark Cady should announce the resignations in the annual report to the Legislature on the condition of the state's court system.

"I though Cady could make this part of his condition of the court address, saying we're going to step and this is how we're going to step down," said Vander Plaats.



Medvedev: Let court rule on Khodorkovsky, not us
Legal World News | 2010/12/24 09:01
President Dmitry Medvedev urged officials on Friday to refrain from commenting on the case of jailed oil tycoon Mikhail Khodorkovsky before the court rules — his latest effort to try to improve the rule of law in Russia.

Medvedev's comments came only a week after Prime Minister Vladimir Putin compared Khodorkovsky, once Russia's richest man, to the U.S. disgraced financier Bernard Madoff who cheated investors out of an estimated $20 billion through a Ponzi fraud. Putin said Khodorkovsky deserves no leniency — a statement widely denounced as interfering in the trial.

"Neither the president nor any other state official has the right to comment on this particular case before the verdict is passed," Medvedev said in a live interview with Russia's state TV stations.

Khodorkovsky was convicted of underpaying taxes on the profits from his Yukos oil company and is serving an eight-year sentence. His case has been widely seen as punishment for daring to challenge the Kremlin's political and economic power during Putin's presidency, in part by funding opposition parties in parliament.

Khodorkovsky is now facing a second trial on charges of embezzling $25 billion worth of oil. A judge is to begin delivering the long-awaited verdict on that case Monday.

Medvedev, who has promised to establish independent courts and strengthen the rule of law in Russia, insisted that he saw no evidence to support claims that prosecutors were selective in applying the law and punishing the tycoon for common business practices.



Man linked to Smurfs sentenced in NY extortion bid
Court Feed News | 2010/12/22 16:40

A Florida businessman who once factored in the Smurfs cartoon empire lost a bid Tuesday to withdraw his guilty plea in an $11 million shakedown plot targeting his financier son-in-law.

With that, Stuart R. Ross was sentenced to the five years' probation he was promised when he pleaded guilty in August to attempted grand larceny. But his lawyer said he now plans to ask an appeals court to let Ross take back the plea, which he says Ross entered while pressured by medical problems.

In his plea, Ross admitted threatening to destroy son-in-law David S. Blitzer's professional reputation if not paid $5.5 million. Ross also acknowledged offering to give up any rights to see his grandchildren for another $5.5 million.

Ross, 74, agreed to plead guilty while jailed on $200,000 bond awaiting trial. He was contending with pneumonia, cancer and other health woes that weren't getting adequate care behind bars, and he took the plea deal to gain his freedom, lawyer Matthew Myers said outside court Tuesday.

"He was under tremendous duress," Myers said. "It's the only reason why he pled."

But state Supreme Court Justice Bonnie Wittner rebuffed Ross' request to withdraw his plea. Defendants pleading guilty are routinely warned they can't revisit the decision and are asked to acknowledge they are indeed guilty.



Texans arrested in Iran funds investigation
Lawyer Blog News | 2010/12/22 15:40

A McAllen doctor and his attorney wife face arraignment Jan. 4 in Portland, Ore., after being charged with secretly sending more than $1.8 million to Iran in funds meant for a children's charity.

Dr. Hossein Lahiji, 47, and Najmeh Vahid, 35, were arrested Tuesday by the FBI in San Antonio on fraud and conspiracy charges related to violating the U.S. trade embargo on Iran, their homeland, the San Antonio Express-News reported Wednesday. The two were released on unsecured bonds.

The pair deny the allegations, linked to funds since 2001, and say the federal indictment announced last week in Portland is inaccurate.

Lahiji, a urologist, told the Express-News that the indictment places them in certain geographic areas when they were elsewhere.

"There are a lot of inconsistencies in (the indictment), and we hope to prove our innocence," said Vahid, a lawyer whose practice is based in San Antonio.

The charity, Child Foundation, and its leader, Mehrdad Yasrebi, struck a plea deal with prosecutors in Oregon to avoid formal indictment. Yasrebi admitted he funneled money that was meant for food and other assistance to a cousin and to a bank controlled by the Iranian government.

The Texas couple is accused of working through Iranian corporations and banks in Switzerland and Dubai. The indictment charges the couple with conspiring to defraud the government and conspiring to launder money by purporting to transfer charitable donations to Iran, while actually keeping control of the money. If convicted, they face up to 20 years in prison.



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