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Ohio officer takes murder appeal to US high court
Court Feed News | 2010/03/24 15:10
A former Ohio police officer convicted of killing his pregnant girlfriend and their unborn daughter is asking the U.S. Supreme Court for a new trial.

Lawyers for Bobby Cutts Jr. filed an appeal with the nation's highest court earlier this month. The Ohio Supreme Court declined to review Cutts' case.

The former Canton patrolman is serving a life sentence in the killings of Jessie Davis and the nearly full-term fetus she was carrying. Her disappearance in 2007 prompted a huge search that drew national attention.

Cutts' attorneys say the trial should have been moved because of all the publicity. Defense lawyer Fernando Mack says the Supreme Court should review the case because it has "uniqueness."



Condemned Texas man says DNA tests could clear him
Criminal Law Updates | 2010/03/24 14:09
Texas death row inmate Hank Skinner insists DNA testing could exonerate him in the New Year's Eve 1993 slayings of his girlfriend and her two adult sons.

Skinner is scheduled to die Wednesday in Huntsville. On Tuesday, he visited with his French-born wife as he waited for the U.S. Supreme Court or Texas Gov. Rick Perry to decide whether to stop his execution so DNA testing can be done. Skinner and his lawyers say test results could support his innocence claims.

Skinner was convicted of killing 40-year-old Twila Jean Busby, 22-year-old Elwin "Scooter" Caler and 20-year-old Randy Busby in the Texas Panhandle town of Pampa.

Prosecutors argue Skinner isn't entitled to testing of evidence that wasn't tested before his 1995 trial.



Court lifts ban on media ownership restrictions
Business Law Info | 2010/03/24 13:10
A federal court has at least temporarily lifted government rules that blocked media companies from owning a newspaper and a broadcast TV station in the same market.

The decision Tuesday by the U.S. Court of Appeals for the Third Circuit lifts the Federal Communications Commission's "cross-ownership" ban.

That restriction had remained in effect under a stay issued by the court in 2003 as it has tried to sort out legal challenges to attempts by two previous FCC chairmen, Republicans Michael Powell and Kevin Martin, to relax the rules.

The decision comes as the current FCC, now under Democratic control, gears up for its next congressionally mandated review of its media ownership rules. Those rules, which the agency must review every four years, include the cross-ownership ban and limits on the number of television and radio stations that one company can own in a market.

In the meantime, some media companies already own newspapers and television stations in the same market because they were grandfathered in when the rules were first put into place in 1974.

The current court case began when Powell tried to lift the cross-ownership ban in large media markets and raise the caps on TV and radio station ownership. That effort drew legal challenges from public interest groups that said he had gone too far and from media companies that said he had not gone far enough.

The Third Circuit sent the matter back to FCC, telling it to rewrite the rules. And that led Powell's successor, Martin, to try to ease the cross-ownership ban in big media markets — drawing more legal challenges from both sides.



McHenry & Associates, LLP - San Diego Immigration Law Firm
Law Firm News | 2010/03/23 17:55
At the Law Offices of McHenry & Associates, we are committed to providing exceptional legal representation to individuals, families and businesses that require immigration assistance.  Our law firm is experienced in all aspects of U.S. Immigration law and is committed to helping people live and work in the United States legally.  

If you are interested in learning more about Deportation Defense, Citizenship and Naturalization, Family Based Immigration or Employment Based Immigration, please click on the Practice Areas menu to the right to learn more about each of these subjects.

Deportation Defense

Citizenship & Naturalization

Family Based Immigration

Employment Based Immigration


German court gives ex-Nazi life for Dutch killings
Legal World News | 2010/03/23 16:01

A court in Germany sentenced an 88-year-old former Nazi SS death squad member to life in prison Tuesday for the murder of three Dutch civilians in World War Two.

A spokesman for the court in the western city of Aachen confirmed the verdict against Heinrich Boere for the three killings, which were carried out in the Netherlands in 1944.

His defense said it would appeal, which could mean that the sentence is not legally binding for months.

Boere, who is on the Simon Wiesenthal Center's list of most wanted war crime suspects, had confessed to killing the three civilians when he was a member of an SS squad targeting anti-Nazi resistance, but argued that he was following orders.

The proceedings have attracted international interest, not least because they have coincided with the case of John Demjanjuk, 89, who is on trial in Munich on charges of helping to kill 27,900 Jews at the Sobibor extermination camp in Poland.

Boere was born in Germany but grew up in the Netherlands. He was captured there by U.S. forces after the war, but escaped to Germany before being sentenced to death in absentia in the Netherlands in 1949.



Court sides with debtor in student loan case
Court Feed News | 2010/03/23 15:01
 A unanimous Supreme Court has ruled in favor of a man who wanted his student loans dismissed through bankruptcy without having to prove that paying the money back would cause an "undue hardship."

Justice Clarence Thomas said Tuesday in his opinion for the court that debtors must normally prove undue hardship. Thomas said the bankruptcy judge was wrong to approve Francisco Espinosa's bankruptcy plan in 1993, but the lender did not object at the time. The judge's error was not serious enough to undo the agreement, Thomas said.

The case involved a dispute over $4,582 in interest on Espinosa's four student loans.



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