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NY top court won't open nursing homes to lawyers
Lawyer Blog News | 2010/04/05 15:05
New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release.

The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction.

State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care.

The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights.



Court won't hear appeal from Lupe Fiasco mentor
Lawyer Blog News | 2010/04/05 14:50
The Supreme Court won't hear an appeal from rap artist Lupe Fiasco's mentor, who was convicted on drug charges despite complaints that his jurors weren't asked whether they had any biases against firearms.

The high court on Monday refused to hear an appeal from Charles Patton, who was convicted and sentenced to 44 years in prison on drug charges. He appealed his conviction, saying that jurors weren't questioned by his trial judge on whether they had any bias against firearms. Patton had a loaded firearm when he was arrested.

The Illinois Appellate Court threw out the appeal, saying the judge did not have to ask about potential firearm bias on his own.



Triple Murder Suspect Tries to Plead Guilty
Court Feed News | 2010/04/05 13:51
One of the suspects in a brutal Connecticut home invasion that left a mother and her two daughters dead has asked a judge to allow him to plead guilty, but his lawyers objected due to concerns over his mental state. Steven Hayes asked to plead guilty during a competency hearing last week.

The competency hearing was scheduled after Hayes attempted to kill himself on January 30.

Prosecutors are seeking the death penalty for Hayes and Joshua Komisarjevsky for the murders and sexual assaults of Jennifer Hawke-Petit and her daughters, 11-year-old Michaela and 17-year-old Hayley. Dr. William Petit survived the home invasion attack.

If Hayes, 46, is allowed to plead guilty, under Connecticut law a jury or a three-judge panel would determine his sentence.



Court won't give Saudi citizen new trial
Legal Career News | 2010/04/05 12:51
The Supreme Court won't hear an appeal from a Saudi Arabian citizen who blamed anti-Muslim sentiment for his conviction for keeping his housekeeper a virtual slave.

The high court on Monday turned away an appeal from Homaidan Al-Turki. He was convicted of false imprisonment, conspiracy, criminal extortion, theft and unlawful sexual contact.

Al-Turki was convicted of sexually abusing his Indonesian housekeeper and paying her less than $2 per day.

He complained that he wasn't allowed to question a potential juror about potential anti-Muslim sentiment.



NY court revives Tiffany's false ad claim vs. eBay
Court Feed News | 2010/04/02 15:15
EBay Inc. might be violating false-advertising laws if it does not warn consumers that some items billed as upscale jeweler Tiffany Co.'s products by sellers on its Web site are not authentic, a federal appeals court said Thursday.

But online auction site operator eBay won significant victories in rulings by the 2nd U.S. Circuit Court of Appeals that said it did not engage in trademark infringement or trademark dilution in its use of jeweler Tiffany & Co.'s trademarks. Those rulings upheld the findings of a lower court judge.

Tiffany sued eBay in 2004, saying eBay engaged in trademark infringement, trademark dilution and false advertising because most items that sellers list for sale as genuine Tiffany products on its sites were fakes.

The appeals court left in place a finding by the lower court that eBay did not violate false advertising laws but returned the case to the judge to consider that issue again.

The three-judge panel said in its written ruling that it had difficulty with the lower court's reliance in its ruling on eBay's assertions that it did not know which listings offered counterfeit Tiffany goods. The 2nd Circuit noted that eBay advertised the goods sold through its site as Tiffany merchandise.



Officer expected to plead guilty in Katrina probe
Court Feed News | 2010/04/02 10:16
A third New Orleans police officer charged in a cover-up of a deadly shooting by police in the aftermath of Hurricane Katrina is expected to plead guilty, a person familiar with the case said Tuesday.

A filing Tuesday in U.S. District Court charges the officer, Michael Hunter, 33, of Slidell, with one count of conspiracy to obstruct justice and one count of misprision of a felony.

The charges are part of a deal under which Hunter has agreed to help in the investigation of a cover-up after police shot six people — killing two — at the Danziger Bridge in September 2005, according to the person familiar with the case, who was not authorized to discuss it and spoke on condition of anonymity.

Hunter is scheduled to make his initial court appearance on April 7. He faces a possible maximum sentence of eight years in prison and a $500,000 fine. Townsend Myers, a lawyer for Hunter, wouldn't immediately comment.

Hunter remains on the force, but he is assigned to desk duty. Police spokesman Bob Young said Tuesday that Hunter was expected to resign before pleading guilty.

Michael Lohman, a retired lieutenant, and Jeffrey Lehrmann, a former detective, earlier pleaded guilty to participating in the cover-up.



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