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Court rejects el-Masri suit against German gov't
Legal World News | 2010/12/12 17:54

A German court rejected a lawsuit filed by Khaled el-Masri seeking to force Berlin into prosecuting suspected CIA agents who he alleges illegally detained him nearly eight years ago as part of the U.S. rendition program.

The Cologne Administrative Court, in a ruling on Dec. 7, supported Berlin's decision not to seek the Americans' extradition after Washington told the Germans in 2007 it would reject any attempts to prosecute its agents, citing national security concerns. The ruling was published on Friday.

The court ruled that "the German government's decision not to seek the extradition of the agents, despite the arrest warrant issued by a German court, was legal."

El-Masri's lawyer said he and his client were considering whether to appeal the ruling. They have one month to do so.

El-Masri, 44, a German citizen of Lebanese descent, says he was illegally detained by CIA agents while entering Macedonia on New Year's Eve 2003 and then transferred to a CIA-run prison in Afghanistan, where he says he was beaten, sodomized and injected with drugs.



Swiss cut off bank account for WikiLeaks' Assange
Legal World News | 2010/12/09 07:22

Swiss authorities stripped WikiLeaks founder Julian Assange of a key fundraising tool Monday -- his new bank account -- and the secret-spilling web site fended off more suspected computer attacks as it maneuvered to stay online.

Scotland Yard was now considering the Swedish arrest warrant for Assange, who is staying at an undisclosed location in Britain, the BBC reported. It didn't cite its source and the U.K. police force declined to comment. WikiLeaks tweeted that UK has received the warrant and "may issue it shortly."

In contrast to official moves against the group, an unlikely band of computer-savvy advocates were riding to its rescue, determined to ensure free information via the Internet. These geek-warriors described their efforts as new form of guerrilla combat, where sophisticated online protests were replacing traditional street marches.

"It's the start of the information war, it really looks like that," said Pascal Gloor, vice president of the Swiss Pirate Party, whose Swiss Web address, wikileaks.ch, has been serving as a mainstay for WikiLeaks traffic.



Hearing on Texas death penalty stopped by court
Court Feed News | 2010/12/08 21:20

An unusual court hearing on the constitutionality of the death penalty in Texas was put on hold Tuesday after the state's highest criminal court granted a request by prosecutors to stop it.

The Texas Court of Criminal Appeals ordered that the hearing be temporarily halted so prosecutors and defense attorneys can file motions on whether the legal proceeding should be allowed to continue.

The hearing, which began Monday and was set to last up to two weeks, had been ordered by a state district judge in Houston.

District Judge Kevin Fine last spring initially declared the Texas death penalty statute unconstitutional after granting a motion in a capital murder case he is presiding over. Under heavy criticism, Fine clarified then rescinded his ruling and ordered the hearing, saying he needed to hear evidence on the issue.

Fine is a judge in Harris County, which has sent more inmates to the lethal-injection gurney than any other county in the nation.

Lawyers for the Houston man who had asked for the hearing had already presented two days of testimony on whether problems with such things as eyewitness identification and evidence offered by informants have created flaws in death penalty prosecutions in Texas and resulted in a risk that innocent people will be executed. They said their client, John Edward Green Jr., is innocent and the case against him uses some of the same faulty evidentiary procedures that have resulted in others being wrongly convicted. Green, who is awaiting trial, faces a possible death sentence if convicted of fatally shooting a Houston woman during a June 2008 robbery.



Kan. court won't hear case involving casino site
Court Feed News | 2010/12/08 20:21

The Kansas Supreme Court has rejected a legal challenge involving a site for a proposed state-owned casino south of Wichita.

Iowa-based developer Peninsula Gaming said Wednesday the Kansas court's ruling resolves legal questions surrounding the company's proposed casino site in Mulvane.

The Supreme Court refused Tuesday to hear a lawsuit by the Sumner County Commission against the city of Mulvane over its annexation of the land. The decision leaves in place a Kansas Court of Appeals ruling upholding the annexation.

City officials in Mulvane have endorsed Peninsula's plan, and the annexation was necessary for the project to move forward. The county commission is backing a rival proposal from Ada, Okla.-based Global Gaming Solutions for a casino near Wellington.

The county commission said it still sees the Global site as superior.



Pa. Lawsuit: Firm Let Nonlawyers File Foreclosures
Lawyer Blog News | 2010/12/07 17:09

A Philadelphia law firm used nonlawyers to file untold numbers of mortgage foreclosures across the state and fraudulently collected attorney's fees that caused people to lose their homes in cases which should be legally nullified, a Pittsburgh lawyer claims in a lawsuit.

The lawsuit comes as a bankruptcy court judge, also in Pittsburgh, has given the same firm, Goldbeck, McCafferty & McKeever, until the end of business Friday to self-report to the Disciplinary Board of the Supreme Court of Pennsylvania.

U.S. Bankruptcy Judge Thomas Agresti filed two opinions castigating the firm and the lender it represented, Countrywide Home Loans, in a foreclosure that led a Pittsburgh-area woman to file for bankruptcy in 2001.

The judge determined a Goldbeck attorney knowingly gave the court phony lender documents to bolster its foreclosure claim saying "the evidence that (the attorney) lied was considerable."

Attorneys at the Goldbeck firm have not returned calls for comment from The Associated Press on Judge Agresti's findings or the 78-page lawsuit filed last month by Patrick Loughren.

Loughren told The Associated Press he could not comment on his lawsuit, but said the document made clear his reason for filing it.

The lawsuit spells out two broad goals: defending the legal profession, and pursuing a remedy for those facing foreclosure and those who have already paid attorneys fees or lost their homes in actions filed by the Philadelphia firm.

"As one court has stated, 'It must be borne in mind that it has always been held that a professional man has standing to prevent the improper invasion of his profession,'" Loughren's lawsuit said.



NH man admits hacking woman, girl, claims insanity
Criminal Law Updates | 2010/12/07 17:08

A 21-year-old man admitted in court Monday that he hacked a mother to death and seriously wounded her young daughter during a 2009 home invasion but said he was insane when he did it.

Christopher Gribble of Brookline waived his right to a jury trial on whether he killed 42-year-old Kimberly Cates and seriously wounded her 11-year-old daughter, Jaimie.

The burden now shifts to Gribble's lawyers to prove he was insane during the Mont Vernon home invasion.

If the jury finds he was sane at the time, Gribble will be sentenced to life in prison without the possibility of parole.

If jurors find him not guilty by reason of insanity, Superior Court Judge Gillian Abramson would hold a hearing on whether he is a danger to society. If she finds that he is a danger, she will commit him to the secure psychiatric unit of the New Hampshire State Prison. He would then be entitled to have a review of his threat to society every five years.

Gribble answered, "Yes, your honor" when asked if he committed murder, attempted murder, conspiracy to commit murder and burglary, and tampered with a witness. He then pleaded not guilty by reason of insanity to each charge.

Gribble listened intently as Senior Assistant Attorney General Jeffery Strelzin detailed the evidence the state was prepared to present. It mirrored the evidence that was presented to the jury that convicted 19-year-old Steven Spader of first-degree murder last month.



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