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Mass. court: Juveniles can't be held extra 3 years
Court Feed News | 2009/02/11 16:54
Massachusetts cannot hold juvenile offenders for three years past their 18th birthday because the law is vague on how a youth's potential danger to the public is decided, the state's highest court ruled Tuesday.


Most juvenile offenders are released when they turn 18, but the extended commitment law allowed the Department of Youth Services to retain custody up to age 21 if a youth posed physical danger.

In unanimously striking down the law, the Supreme Judicial Court said it was unconstitutional because the law "contains no indication of the nature and degree of dangerousness that would justify continued commitment."

The court noted that the Legislature in 1990 had removed language that the danger a youth posed be due to a mental condition.

"The court said we don't lock people up based on an allegation of dangerousness when we don't know what that means," said attorney Barbara Kaban, deputy director of the Children's Law Center of Massachusetts.

She represented the three youths who challenged the law. Kaban said the three had been charged with crimes that included larceny and assault and battery with a dangerous weapon.

All were turned over to the department's custody when they were 16. Each was initially placed on probation, then sent back to a juvenile detention facility after violating the terms of probation at least once. The department filed applications for extended commitment orders for all three shortly before they turned 18.

Jennifer Kritz, a spokeswoman for the Department of Youth Services, said the department is reviewing the court's ruling and expects to be ordered to release about 12 youths being held under the law.



Computer virus shuts down Houston's municipal courts
Headline News | 2009/02/11 16:54
A virus is playing havoc with the municipal court operations in Houston.

The court system had to close down Friday afternoon after a computer virus affected access to data on court cases. Courtroom operations aren't expected to be back in business before Thursday morning.

People can pay fines and conduct other court business, but judges will not call dockets. Those with court dates for misdemeanor cases will be notified by mail of their new dates.

The virus hit 475 of the city's 16,000 computers and infected part of Microsoft Windows that handles the login process.

Gwendolyn Goins, spokeswoman for the court system, says she does not know how many cases have been affected. She said there's no evidence the virus was released deliberately.



Circuit City seeks incentives for wind-down
Business Law Info | 2009/02/10 17:25
Circuit City Stores Inc. is asking a U.S. Bankruptcy Court judge to allow it to give incentives to executives and other workers to stay with the company during the wind-down process, according to court filings.


The company said the bonuses are needed to dissuade the 154 employees from leaving before what was the nation's second-largest consumer electronics retailer closes for good.

Employee turnover threatens the wind-down plan and the company's ability to "maximize value for their estates and stakeholders," Richmond-based Circuit City said in the filing.

Circuit City has already had some key employees leave, including former chief financial officer Bruce H. Besanko, who will start in a similar role at OfficeMax Inc. on Feb. 16.

The company filed for Chapter 11 bankruptcy protection in November as it faced pressure from vendors, heightened competition and waning consumer spending. Last month Circuit City announced it would liquidate its 567 U.S. stores, cutting more than 34,000 jobs.

Going-out-of-business sales should last through March, after which the stores will be closed. A small staff will keep working at the corporate office through the process.

Under the company's proposal, 16 executives would split up to $2.3 million if they achieve specific target tasks such as staying within the wind-down budget and obtaining the sale of Circuit City's Canadian and Internet assets. The remaining non-managerial workers would share no more than $1.62 million.



Feds make last plea to keep Bonds' steroids tests
Legal Career News | 2009/02/10 17:25
Federal prosecutors are again asking a judge to let them show a jury three drug test results they say show Barry Bonds used steroids.


The judge said last week she was inclined to throw out those results unless someone could directly testify to collecting the slugger's urine samples. The likeliest candidate to be able to do so is Bonds' former trainer, Greg Anderson. A lawyer for Anderson has said his client won't testify at Bonds' upcoming trial.

In a court filing Monday, prosecutors included snippets of Bonds' grand jury testimony saying Anderson collected the samples. It also included testimony from a former BALCO executive saying Anderson dropped off urine samples labeled with Bonds' name.

Bonds is charged with lying to a grand jury about alleged steroid use.



Attorney general is reviewing state secret claims
Lawyer Blog News | 2009/02/10 17:24
Eric Holder, the new attorney general, has ordered a review of all claims of state secrets, which were used under President Bush to shield controversial anti-terrorism programs from lawsuits.

The so-called state secrets privilege was invoked by the previous administration to stymie a lawsuit challenging the government's warrantless wiretapping program.

"The attorney general has directed that senior Justice Department officials review all assertions of the state secrets privilege to ensure that is being invoked only in legally appropriate situations," Justice Department spokesman Matt Miller said Monday.

"It's vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know," said Miller.

Even as officials promised a thorough review, government lawyers continued to invoke the state secrets law Monday in a federal appeals court in San Francisco. That case involves a lawsuit over the CIA's extraordinary rendition program.

Under that program, U.S. operatives seized foreign suspects and handed them over to other countries for questioning.

Some former prisoners subjected to the process contend they were tortured. Proving that in court has been difficult, as evidence they have sought to corroborate their claims has been protected by the president's state secrets privilege.

The American Civil Liberties Union has been urging the Obama administration to drop its state secrets claim.

ACLU executive director Anthony Romero criticized the new administration's handling of the San Francisco case by continuing the legal arguments of the prior administration.

"Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama's Justice Department has disappointingly reneged on that important civil liberties issue," Romero said in a statement.



Iraqi court sets date for Bush shoe thrower
Legal World News | 2009/02/09 16:30
The Iraqi journalist who threw his shoes at former U.S. President George W. Bush will appear at an Iraqi court on Feb. 19, a judicial official said on Sunday.


Muntadhar al-Zaidi, a reporter of Cairo-based Baghdadia Iraqi television, will stand trial on charge of assaulting a foreign leader, Abdula Sattar al-Beirqdar, spokesman of the Higher Judicial Council, told reporters.

Zaidi, 29, has been in custody after he threw his shoes at Bush during a joint statement with Iraqi Prime Minister Nuri al-Maliki in Baghdad on Dec. 14, 2008.

Late on December, Zaidi was supposed to face an Iraqi court, but his defense team head Diyaa al-Saadi won a postponement after he presented an impugn for the charges against his client.

Saadi wanted to reduce the charge of "assaulting a foreign head of a state during official visit" to simply an insult to Bush.

However, the spokesman confirmed that the assault charge, which is an offense that carries a prison term of between five to 15 years under Iraqi law, will stand.



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