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NJ high court hearing case on witness intimidation
Court Feed News | 2009/01/06 17:02
New Jersey's highest court is grappling with one of the thorniest issues facing criminal justice today: what to do in cases where witnesses to a crime have been threatened or intimidated by defendants to the point where they refuse to testify in court.

The issue is a pressing one in areas where intimidation by gang members, drug dealers and other defendants is making potential witnesses afraid they or their loved ones will be harmed or killed if they take the stand.

The state Supreme Court in Trenton heard nearly two hours of arguments Monday on a case that deals with what the state Attorney General's Office calls "the greatest threat" to prosecution in gang, organized crime and domestic violence cases.

The state wants to be allowed let jurors hear the out-of-court statements of witnesses who have been threatened without presenting the witnesses themselves.

But defense lawyers argue that would not be fair to defendants, who have the Constitutional right to confront their accusers in court.

Deputy Attorney General Daniel Bornstein told the court he has read numerous media accounts of witnesses being intimidated or threatened around the state.



Obama names Harvard Dean solicitor general
Law & Politics | 2009/01/05 17:14
President-elect Barack Obama wants the dean at his alma mater, Harvard Law School, to represent the United States before the Supreme Court.

Obama on Monday announced that Harvard Law School Dean Elena Kagan is his nominee for solicitor general. Kagan worked on the University of Chicago Law School faculty at the same time as Obama served on the faculty during the 1990s and at Harvard has won praise for building consensus and for record fundraising.

Obama announced three other leading Justice Department nominations. Washington lawyers David Ogden and Tom Perrelli were chosen as deputy attorney general and associate attorney general. And Indiana University School of Law professor Dawn Johnsen is his choice to be assistant attorney general for the office of legal counsel.



US appeals court: Detainee IDs can be secret
Lawyer Blog News | 2009/01/05 17:14
A federal appeals court has ruled that the government can keep secret the identities of detainees allegedly abused at the Guantanamo Bay prison camp.

The 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling Monday, reversing a lower court judge.

The appeals court found that the detainees and their families have a privacy interest in their identifying information. The government had argued that the detainees faced possible harm if their identities were revealed.

The appeals court said that The Associated Press, which sought the identities, had not shown how the public interest would be served by disclosing them.

A lawyer for the AP said he would comment after he studies the ruling.



SEC watchdog to be questioned about Madoff scandal
Lawyer Blog News | 2009/01/05 17:12
The Securities and Exchange Commission heard rumblings about Wall Street money manager Bernard Madoff's investment methods nearly a decade ago.

Now a House panel wants to know how, despite those warnings, Madoff continued to operate without an agency investigation.

The Financial Services Committee will question the SEC's internal watchdog Monday, as lawmakers try to learn why the regulatory agency failed to detect an alleged $50 billion investment fraud by Madoff.

Madoff's alleged Ponzi scheme will be a case study for a planned overhaul of laws regulating financial markets, said Rep. Paul Kanjorski, D-Pa., who will chair the hearing.

Witnesses include H. David Kotz, the SEC inspector general. He's already is looking into the agency's failure to uncover the fraud despite several warnings.

Kotz previously said he will examine the relationship between a former SEC attorney and Madoff's niece, who are now married.



Burris lawyer prods Senate Democratic leaders
U.S. Legal News | 2009/01/03 17:15
A lawyer representing the man appointed to the Senate by embattled Gov. Rod Blagojevich has written to Senate Democratic leaders asking them to seat his client.


Attorney Timothy Wright also tells the Chicago Tribune he plans to go to court if the Senate refuses to seat Roland Burris.

Blagojevich's action has draw criticism because he faces corruption charges that accuse him of trying to profit from the appointment. He denies that.

Wright's letter was dated Friday.

Senate Majority Leader Harry Reid of Nevada has said that anyone picked by Blagojevich will be turned away.

Burris also has asked the Illinois Supreme Court to force Secretary of State Jesse White to certify the appointment.



12-year-old Arizona boy guilty in mom's shooting
Court Feed News | 2009/01/03 17:14
A 12-year-old boy who fatally shot his mother after an argument over his chores was found guilty of premeditated murder.

Judge James Conlogue found the boy guilty after a hearing Friday in Cochise County Superior Court in the southern Arizona town of Bisbee. The boy is not being identified because he was charged as a juvenile.

Conlogue ruled that prosecutors had proved the boy acted intentionally and with premeditation when he shot Sara Madrid, 34, eight times on Aug. 1. The shooting happened after the boy had argued with his mother over his chores.

Madrid had left the family home after the argument, and the boy got a .22-caliber pistol from her bedroom closet, waited for her to return and then repeatedly shot her, according to court testimony.

Madrid's live-in boyfriend of 10 years, Alfonso Munoz, witnessed the shooting and said the boy gave him the empty gun afterward.

Munoz, who helped raise the boy, said he had taught the child how to use the weapon for emergencies and self-defense.

The boy's lawyer, Sanford Edleman, had argued that the boy did not intend to kill his mother but only wanted to get back at her for abusing him.



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