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Federal judges to rule on Calif. prison crowding
Legal Career News | 2008/12/01 17:16
California's day of reckoning has finally come for three decades of tough-on-crime policies that led to overcrowded prisons and unconstitutional conditions for inmates.

The federal courts have already found that the prison system's delivery of health and mental health care is so negligent that it's a direct cause of inmate deaths.

A special three-judge panel reconvenes Tuesday and is prepared to decide whether crowding has become so bad that inmates cannot receive proper care. If they do, the panel will decide if lowering the inmate population is the only way to fix the problems.

That could result in an order to release tens of thousands of California inmates before their terms are finished, a move Gov. Arnold Schwarzenegger and Republican lawmakers say would endanger public safety.

"The time has come: The extreme, pervasive and long-lasting overcrowding in California prisons must be addressed," attorney Michael Bien, representing inmates, told the judges during the opening of the trial.

Bien and other civil rights attorneys want the panel to order the prison population cut from 156,300 inmates to about 110,000. That still would be above the capacity of California's 33 state prisons, which were designed to hold fewer than 100,000 inmates.



Junk-bond king among those seeking Bush pardon
Lawyer Blog News | 2008/11/29 17:18
Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.

Junk-bond king Michael Milken, media mogul Conrad Black and American-born Taliban soldier John Walker Lindh have applied to the Justice Department seeking official forgiveness.

But with Bush's term ending Jan. 20, some lawyers are lobbying the White House directly to pardon their clients. That raises the possibility that the president could excuse scores of people, including some who have not been charged, to protect them from future accusations, such as former Attorney General Alberto Gonzales or star baseball pitcher Roger Clemens.

Those who have worked with Bush predict that will not happen. The White House has declined to comment on upcoming pardons.

"I would expect the president's conservative approach to executive pardons to continue through the remainder of his term," said Helgi C. Walker, a former Bush associate White House counsel.



SKorean court grants coma patient right to die
Legal World News | 2008/11/28 17:17
A South Korean court ordered the removal of a respirator from a comatose patient Friday, saying the "meaningless" extension of life was against the patient's right to die with dignity.

The decision marks the first court ruling of its kind in South Korea.

The 76-year-old patient, identified only by her surname, Kim, has been in a permanent, vegetative coma since suffering brain damage in February.

Her family filed a lawsuit after doctors refused to end her life. Her children claim their mother had always opposed keeping people alive on machines when there is no chance of revival.

The court accepted the argument.

"Doctors have the obligation to comply with a patient's demand for the removal of a respirator in case it is meaningless to extend life, and if it serves more for the dignity and value as a human being (for the patient) to die spontaneously," Seoul Western District Court said in the ruling.

The court said there are enough indications to assume the patient would have wanted to be removed from the respirator if she knew of her condition. Doctors at major hospitals in Seoul agree that Kim has no chance of revival and could live as long as three or four months, the ruling said.

The court cautioned, however, that the ruling does not deal with "proactive euthanasia" and does not mean that family members have the right to independently ask to end medical treatment for loved ones.



Appeals court lets Vatican sex-abuse case proceed
Lawyer Blog News | 2008/11/25 17:11
A lawsuit can continue against the Vatican alleging that top church officials should have warned the public or authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville, a federal appeals court ruled Monday.

The 6th U.S. Circuit Court of Appeals gave the go-ahead for the lawsuit filed by three men who claim priests abused them as children. They allege the Vatican orchestrated a decades-long coverup of priests sexually abusing children throughout the U.S.

Louisville attorney William McMurry is seeking class-action status, saying there are thousands of victims nationally in the scandal that haunts the Roman Catholic Church. He is seeking unspecified damages from the Vatican.

"This is an enormously huge moment," McMurry said. "We're finally going to get to the root of the problem."

Jeffrey Lena, a Berkeley, Calif.-based attorney for the Vatican, said the appeals court's decision narrows the plaintiffs' case because the court upheld dismissing several issues.

"It's gratifying to see the hard work the judges put into the opinion," Lena said.

Lena declined to say if he would appeal the decision. McMurry said he expects the case to wind up before the U.S. Supreme Court.

Several lawsuits around the country have sought damages against the Vatican, but many have been bounced around in lower courts. Attorneys for both sides say the Louisville case is unique.



Russian court to resume Politkovskaya murder trial
Legal World News | 2008/11/25 13:11
A Moscow court says the trial of three men accused of murdering journalist Anna Politkovskaya will resume a week earlier than had been announced.

Judge Yevgeny Zubov had adjourned the case Thursday for 10 days. He cited a defense lawyer's scheduling conflicts even though the lawyer said there were none.

On Monday court spokesman Alexander Minchanovsky said the trial would resume Tuesday and the jurors were called back early to discuss a string of procedural issues. He refused to elaborate.

Zubov had originally opened the trial to the public but reversed the decision last week.

Politkovskaya embarrassed the Kremlin with her reporting on human rights abuses in Chechnya. Her killing in 2006 caused international outrage.



Bush says Citigroup deal needed to protect system
Lawyer Blog News | 2008/11/24 16:18
President Bush argued Monday that the government's dramatic rescue of Citigroup was necessary to "safeguard the financial system" and help the economy recover, and he said there could be more such moves if other institutions need help.

Bush said he approved the action, recommended by Treasury Secretary Henry Paulson, while flying back to Washington on Sunday evening from meetings in Peru with Pacific Rim leaders. He said he also spoke with President-elect Barack Obama on Sunday night, part of what he has promised will be "close cooperation" between his administration and the Obama camp until the transfer of power on Jan. 20.

Referring to the Citigroup rescue, Bush said: "We have made these kind of decisions in the past. We made one last night. And if need be we will make these kind of decisions to safeguard our financial system in the future."

Bush, who spoke after meeting with Paulson and other Cabinet members at the Treasury Department, said they all realize that Americans are concerned for their jobs and savings.

"We will safeguard the financial system as the first step necessary for economic recovery," the president said. "This is a tough situation. But we will recover from it."

Also while at Treasury, just across a sidewalk from the White House, Bush joined a meeting of top administration officials who are working on greater economic cooperation with China. Bush met on Friday in Peru with Chinese President Hu Jintao for talks focused in part on the global economic turmoil.



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