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NY teen faces sentencing in hate crime stabbing
Criminal Law Updates | 2010/05/26 16:15

A New York teenager is facing up to 25 years in prison when he is sentenced in the hate crime killing of an Ecuadorean immigrant.

Nineteen-year-old Jeffrey Conroy was convicted last month of manslaughter and other crimes in the November 2008 stabbing death of Marcelo Lucero (mar-SEHL'-oh loo-SEHR'-oh) on Long Island. Conroy is scheduled to be sentenced Wednesday.

Prosecutors say they'll ask that Conroy serve the maximum of 25 years, although a judge has the option of imposing a minimum sentence of eight years.

Conroy was one of seven teenagers implicated in the killing but the only one to go to trial.

Prosecutors contend he was the one who inflicted the fatal blow during a confrontation near the Patchogue train station. The killing shone a national spotlight on race relations on Long Island.



Court to hear Texas death row inmate DNA case
Court Feed News | 2010/05/26 13:13

The justices agreed to hear Henry Skinner's appeal. On March 24, they granted him a stay about an hour before his scheduled execution to give them more time to decide whether to take up his case.

In an order issued Monday, the Supreme Court said it decided to rule on the issue presented by his case. Arguments are expected to be heard in the upcoming term that begins in October.

Skinner's lawyers maintain that his rights under the civil rights law were violated by authorities' refusal to grant DNA testing after his conviction.

In the United States, post-conviction DNA testing has exonerated more than 250 people, including 17 prisoners who served time on death row, according to a group called the Innocence Project.

Skinner was convicted and sentenced to death for the murders of his girlfriend and her two adult sons on New Year's Eve in 1993 in the small town of Pampa, Texas. He has always maintained his innocence.

Skinner's attorneys are seeking DNA testing of key evidence from the crime scene, including a bloody towel, two knives and a man's windbreaker, and swabs from a rape kit.



Intn'l court reports Sudan to UN Security Council
Lawyer Blog News | 2010/05/26 10:14
The International Criminal Court said Wednesday it has reported Sudan to the U.N. Security Council for refusing to arrest a government minister and a militia leader suspected of war crimes in Darfur.

Judges at the court said in a report that Sudan has refused to hand over Humanitarian Affairs Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb.

"After taking all possible measures to ensure the cooperation of the Republic of the Sudan, the Chamber concludes that the Republic of the Sudan is failing to comply with its cooperation obligations," the report said.

The court ordered the men arrested in 2007 on a total of 51 charges of crimes against humanity and war crimes.



US high court won't hear Microsoft, Alcatel case
Court Feed News | 2010/05/25 16:05

The U.S. Supreme Court declined to hear Microsoft Corp's appeal in a case that could have reshaped the standards used in court fights to determine if patents have been infringed.

Lower courts had found that the date-picker tool in Microsoft's Outlook calendar infringed a patent held by French telecommunications equipment maker Alcatel-Lucent. The companies have an unresolved fight over damages.

In its appeal, Microsoft argued that a patent could be held invalid if evidence is presented in a court case that was not available at the time the patent was granted. It also said that the standard for invalidating a patent should be a "preponderance" of evidence, rather than "clear and convincing" evidence.



Judiciary chairman defends Kagan against GOP fire
U.S. Legal News | 2010/05/25 16:03
The chairman of the Senate Judiciary Committee is defending Supreme Court nominee Elena Kagan against Republican criticism.

Sen. Patrick Leahy of Vermont says the GOP should set aside its "overheated rhetoric" questioning the qualifications and integrity of President Barack Obama's nominee. He's also urging Republicans to stop complaining about the timeline he set for Kagan's confirmation hearings, which are to begin June 28.

Sen. Jeff Sessions of Alabama, the top Judiciary Republican, has suggested the date is too soon, and warned Monday he might ask for a delay.

Leahy called the gripes "crocodile tears." The timetable mirrors the one used for Republican and Democratic nominees.

Kagan was back on Capitol Hill Tuesday for private meetings with senators.



Feds ask Va. health reform lawsuit be dismissed
Lawyer Blog News | 2010/05/25 11:05
The Obama administration is asking a federal judge in Virginia to dismiss the state's lawsuit challenging the constitutionality of the new health reform law.

In a motion filed hours before the court deadline on Monday, Health and Human Services Secretary Kathleen Sebelius argued that Congress acted well within its authority. It also claims Virginia lacks jurisdiction to sue.

State Attorney General Ken sued hours after Congress passed the sweeping health reform bill in March.

He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment.

Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution.



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