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Wesley Snipes to argue for new trial in Fla.
Lawyer Blog News | 2010/11/15 12:31

Attorneys for Wesley Snipes will try to convince a central Florida judge the actor deserves a new trial arguing the jury was biased.

A hearing is scheduled for Monday before U.S. District Court Judge William Terrell Hodges. It's unclear whether Snipes will attend.

Snipes argues some jurors decided he was guilty before hearing any evidence and prosecutors hid damaging information about a key witness.

Snipes was found guilty of willfully failing to file federal tax returns. The star of the "Blade" trilogy faces a three-year prison sentence.

Defense lawyers say they received e-mails from two jurors who claim three other jurors made up their minds before the 2008 trial began. An e-mail said the verdicts were a compromise.



Indian Court Orders Vodafone To Deposit $554M
Legal World News | 2010/11/15 11:32

India's Supreme Court ordered Vodafone to deposit 25 billion rupees ($554 million) within three weeks on its contested $2.5 billion tax bill, a company spokesman said Monday.

The British telecoms company said it also would arrange a guarantee with an Indian bank for the remaining 85 billion rupees ($1.9 billion) within eight weeks, as ordered by the court.

The Supreme Court has not yet delivered a verdict in the case, which is being closely watched by foreign companies fearful that it could set a precedent that might make them liable for retroactive changes under Indian tax law. The next hearing is set for Feb. 24.

The tax relates to Vodafone's acquisition of the Indian telecom assets of Hong Kong's Hutchison Telecommunications International Ltd.

Vodafone, whose joint venture with India's Essar group is one of India's largest mobile operators, maintains that it does not owe tax on the $11 billion transaction because it took place between two foreign entities.

In May 2007, Vodafone International Holdings BV — a Dutch subsidiary of the British telecom giant — acquired a 67 percent stake in CGP Investments Ltd., a Cayman Islands company which held the Indian telecom assets of Hutchison.

The Dutch government has stepped in to try to resolve the case out of court under the terms of a government-to-government tax treaty, Vodafone said, after earlier efforts by British officials to lobby New Delhi.



Minn.'s Pawlenty ups challenge to fed health law
Headline News | 2010/11/12 18:15

Minnesota Gov. Tim Pawlenty, a potential GOP presidential candidate, stepped up his attack Thursday on President Barack Obama's federal health care law with a court filing challenging its cost to states.

Pawlenty and Rhode Island Gov. Donald Carcieri, both Republicans leaving office soon, joined in the federal court filing in Pensacola, Fla.

A judge there ruled last month that parts of a lawsuit filed by 20 other states challenging the health care overhaul can go to trial. The two governors' filing seeks permission to submit a friend-of-the-court brief in support of the lawsuit.

The filing, written by a Washington lawyer from the Competitive Enterprise Institute, said the governors are safeguarding their citizens from "federal abuse of the spending power." They argue the law places liabilities on states through a Medicaid expansion.

"Although the Act indicates that the federal government will initially pay for some Medicaid expansions, the states are advised that they will pay for 10 percent of some unspecified costs in four years, and there is no indication that the states will not pay more in succeeding periods," the governors' document said.

Pawlenty has been vocal in his opposition to the law. He has said he would make repealing it a focal point of a run for president in 2012 if he wages a campaign. Pawlenty has ordered state agencies to avoid discretionary grants related to the health law.



Nebraska high court disbars depressed attorney
Lawyer Blog News | 2010/11/12 18:11

In a decision released Friday, the court barred William Switzer from practicing law, agreeing with a referee's recommendation that Switzer had violated state rules.

In its decision, the court said it had suspended Switzer in 2008 for 18 months, saying he had violated his oath of office in dealings with some clients. The court says Switzer continued practicing and didn't tell clients that he'd been suspended.

Switzer argued that his depression should limit his punishment to suspension. But the court, noting that Switzer had ignored his 2008 suspension, says such actions undermine the court's authority and fails to protect the public.



Innocence Project: Overhaul death penalty laws
Legal Career News | 2010/11/12 15:12

Anti-death penalty lawyers say the execution of a Texas man whose plea for DNA testing was ignored shows procedures and laws covering capital punishment need to be changed.

The Innocence Project, a New York legal center that uses DNA to exonerate inmates, said Friday in Houston that the execution of convicted killer Claude Jones 10 years ago occurred only because then Gov. George W. Bush wasn't aware Jones' lawyer was asking for DNA testing on a tiny piece of hair prosecutors used to link Jones to an East Texas liquor store slaying.

Tests now have shown the hair did not belong to Jones.

Barry Scheck, co-founder of the Innocence Project, said while the DNA test doesn't prove Jones was definitely innocent, "in and of itself this is pretty significant."



Wis. court-appointed attorneys seek raise in pay
Headline News | 2010/11/11 15:05

Court-appointed defense attorneys in Wisconsin say they deserve a raise, and they're asking the state Supreme Court to help make it happen.

But the justices say it's up to state lawmakers to make that decision.

Court-appointed lawyers represent defendants who can't afford to hire their own. Defense attorneys say the current $40-per-hour rate doesn't attract quality lawyers. They say that leaves the poor with inadequate representation.

Madison attorney John Skilton says those defense attorneys should make $80 per hour, with annual increases tied to the consumer price index.

Wisconsin Public Radio says lawmakers have refused to raise the rate. Justice David Prosser says lawmakers won't change their minds just because the state's high court asks them to.



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