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Rape conviction upheld despite juror's sex crime
Legal Career News | 2008/12/31 17:11
The Michigan Supreme Court on Tuesday let stand a rape conviction that was challenged because a juror didn't disclose that he had been convicted of a sex crime.

Michigan law bars felons from serving on a jury.

But the high court voted 5-2 to uphold the conviction, ruling there was no evidence the juror was biased in the trial of Michael Allen Miller in Ottawa County.

Miller, now 31, was convicted of first-degree criminal sexual conduct in 2006 for forcing the 7-year-old daughter of his girlfriend at the time to perform a sex act on him.

Before his sentencing, Miller learned that a juror had concealed that he was convicted of assault with intent to commit criminal sexual conduct in 1991 and 1999 for assaulting his sister and a child.

Justice Stephen Markman wrote that defendants have a constitutional right to an impartial jury but don't have a constitutional right to be tried by a jury without felons. The ruling reversed a decision by the Michigan Court of Appeals, which in January ordered a new trial.

"There is simply no evidence that this juror improperly affected any other jurors," Markman said.

Dissenting Justice Marilyn Kelly called the majority's opinion "unworkable" and "unjust," arguing that jurors' honesty is essential to picking a fair jury.

Gary Kohut, Miller's court-appointed appellate attorney, said he doesn't know yet whether a federal appeal will be filed.

"It's dangerous to say a fair and impartial jury can exist with a convicted felony on the jury," Kohut said. "It really is a fraud on the court for that (juror) to have done what he did."



Wis. court: Nude people still have privacy rights
Court Feed News | 2008/12/31 17:11
A state appeals court ruled Tuesday that a person who is voluntarily nude in the presence of another still has privacy rights against being secretly videotaped, in a decision that bolsters Wisconsin's video voyeur law.

The ruling upholds the felony guilty plea of Mark Jahnke, who videotaped his girlfriend while she was naked and while they were having sex. He argued in his appeal that because the woman agreed to be naked around him, she had no reasonable expectation of privacy.

The state Department of Justice argued that shared intimacy does not give a person the right to film another unknowingly.

Jahnke's attorney, Michael Herbert of Madison, argued that the court had found in a previous case that a reasonable expectation of privacy existed when a nude person reasonably believed he or she was "secluded from the presence of others."

Prosecutors argued the video voyeur law would make no sense under that interpretation. The appeals court agreed, saying the definition in the previous case was not intended to cover all circumstances.

Judge Charles Dykman, the dissenter in the 2-1 decision, said the 2001 law does not specifically prohibit what Jahnke did.

Attorney General J.B. Van Hollen praised the ruling.

"Wisconsin's citizens enjoy a reasonable expectation of privacy not to be secretly videotaped while in the nude, and Wisconsin's criminal law has been correctly interpreted to protect that expectation," he said.



Mo. governor to join Massachusetts equity company
U.S. Legal News | 2008/12/31 11:12
Missouri's outgoing governor has been hired by an equity firm led by a son of former Massachusetts Gov. Mitt Romney.

Solamere Capital said Tuesday that Blunt will be a senior adviser at the Massachusetts firm, led by Tagg Romney. It cited his experience with Missouri's budget.

Blunt was an early supporter of Mitt Romney's failed Republican presidential bid. He announced in January 2008 that he would not seek a second term as governor. He leaves office Jan. 12.

His administration gained attention over accusations of violating an open records law. His office recently released e-mails to settle a lawsuit brought by media organizations.

A spokesman says Blunt will continue to live with his family in Springfield, Mo.



Shoe-throwing Iraqi journalist's trial postponed
Legal World News | 2008/12/30 19:36
The trial of a journalist who has been hailed as a hero in the Arab world after throwing his shoes at President George W. Bush was postponed on Tuesday pending a review of the case by a higher court, a spokesman for Iraq's Higher Judicial Council said.

The trial of Muntadhar al-Zeidi was to begin Wednesday on charges of assaulting a foreign leader, which his defense team said carried a maximum sentence of 15 years. But court spokesman Abdul-Sattar Bayrkdar said that the trial was been postponed pending an appellate court ruling on what charges the journalist should face.

Bayrkdar said the defense team was seeking a lesser charge. Two of his lawyers said they want a reduced charge of insulting a foreign leader — which carries a maximum sentence of three years.

"There is a difference between assault and insult, al-Zeidi wanted to express his objection to the occupation. So the case is within context of an insult and not an intention to kill," his lawyer Diaa al-Saadi told Associated Press Television News.

If the appellate court decides to reduce the charges, then al-Saadi said al-Zeidi could be released on bail. It was unclear when the appellate court would issue its ruling.

Al-Zeidi threw his shoes at Bush during a Dec. 14 joint news conference with Prime Minister Nouri al-Maliki. The gesture of contempt for the U.S. invasion and occupation of Iraq made al-Zeidi a folk hero in Iraq and thousands of people have demonstrated for his release.



ACLU of Arkansas sues over adoption restrictions
Court Feed News | 2008/12/30 19:34
More than a dozen families filed a lawsuit Tuesday challenging a new Arkansas law banning unmarried couples living together from becoming foster or adoptive parents.

The Arkansas chapter of the American Civil Liberties Union filed the lawsuit on behalf of the families in Pulaski County Circuit Court seeking to overturn Act 1, which was approved by voters in last month's general election.

"Act 1 violates the state's legal duty to place the best interest of children above all else," said Marie-Bernarde Miller, a Little Rock attorney in the lawsuit.

The group filed the lawsuit on behalf of 29 adults and children from more than a dozen families, including a grandmother who lives with her same-sex partner of nine years and is the only relative able and willing to adopt her grandchild, who is now in Arkansas state care.

The plaintiffs also include Stephanie Huffman and Wendy Rickman, a lesbian couple raising two sons together who want to adopt a foster child from the state.



Fallout begins after dismal holiday season
Business Law Info | 2008/12/30 18:36
The fallout from the horrific holiday season for retailers has begun, with the operator of an online toy seller filing for bankruptcy protection and more stores are expected to do the same — meaning more empty storefronts and fewer brands on store shelves. A rash of store closings, which some experts predict will be the most in 35 years, is likely to come across areas from electronics to apparel, shrinking the industry and leading to fewer niche players and suppliers.

The most dramatic pullback in consumer spending in decades could transform the retail landscape, as thousands of stores and whole malls close down. And analysts expect prolonged woes in the industry as the dramatic changes in shopping behavior could linger for another two or three years amid worries about the deteriorating economy and rising layoffs.

"You are going to see a substantial retrenchment in the retail industry," said Rick Chesley, partner in the global bankruptcy and restructuring group at international law firm Paul Hastings. "The downturn has been catastrophic."

A number of stores couldn't even make it to Christmas. Circuit City Stores Inc. filed for bankruptcy protection last month. It plans to keep operating, but toy seller KB Toys, which filed for bankruptcy earlier this month, is liquidating its stores and will shut down.



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