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Ohio jury visits apartment in microwave death case
Lawyer Blog News | 2008/08/18 15:34
A jury in Dayton, Ohio, has visited the apartment where prosecutors say a woman killed her month-old baby by burning her in a microwave oven.

The visit came ahead of opening statements Monday in the retrial of 28-year-old China Arnold. She's charged with aggravated murder in the 2005 death of her daughter, Paris Talley.

Arnold has pleaded not guilty. She could face the death penalty if convicted.

A judge declared a mistrial in February after privately hearing testimony from a juvenile who said he was at the apartment complex the night the baby died. The judge did not reveal what the juvenile said.



Court protests halt hearing in immigrant killing
Court Feed News | 2008/08/18 12:31
Courthouse protests have caused a brief interruption in the preliminary hearing of three teenagers charged in the beating death of a Mexican immigrant in a small Pennsylvania town.

About 40 protesters outside the courthouse in Pottsville have been told to keep quiet or they'll be forced to move. The protesters are from workers and immigrants' rights groups.

A defense attorney complained about the distraction and the hearing was recessed for several minutes until the protesters quieted down. There have been no arrests.

Luis Ramirez was attacked July 12 when he crossed paths with a group of teens in the town of Shenandoah, about 80 miles northwest of Philadelphia.

A judge is deciding if there is enough evidence against the three to send the case to trial.



UN court to hear Georgia's request about Russia
Legal World News | 2008/08/17 15:32
The U.N.'s highest court has scheduled three days of hearings next month about Georgia's request to order Russia to stop attacks on ethnic Georgians.

Georgia claims the attacks amount to a persistent campaign of racial discrimination.

The International Court of Justice says it will hear arguments from both sides beginning Sept. 8 at its seat in The Hague.

Georgia has filed a suit seeking compensation for what it claims are nearly two decades of ethnic cleansing of Georgians in the breakaway regions of South Ossetia and Abkhazia. Russia so far has not responded to Georgia's claims.

By scheduling the hearings, the court responded Friday to Georgia's request for emergency action to halt operations by Russia and Russian-backed separatists.



Appeals court: Phil Spector's retrial can proceed
Lawyer Blog News | 2008/08/16 15:34
A California court panel has decided that the retrial of Phil Spector on a murder charge can proceed.

A state appeals court on Friday rejected a defense request to halt the trial.

The music producer's attorneys had requested a stay of the trial so they could appeal on double jeopardy grounds. They also wanted assurance that prosecutors would not ask jurors to convict Spector of lesser offenses. The court denied both requests.

Spector's first trial resulted in a jury deadlock on second-degree murder. Prosecutors have not indicated whether they will seek a conviction on lesser offenses.

The 68-year-old is charged with killing actress Lana Clarkson at his home in 2003. His retrial is set for October.



Appeals court in NYC will rehear torture case
Court Feed News | 2008/08/15 11:29
A federal appeals court will reconsider its decision to toss out a Canadian engineer's lawsuit over torture he says he endured after being mistaken for an Islamic extremist.

The move by the 2nd U.S. Circuit Court of Appeals in Manhattan was unusual not only because the full circuit assembles for a case only once or twice a year, but because Maher Arar's attorneys had yet to even ask for a full hearing.

The court notified lawyers Wednesday that the full panel of 13 judges will rehear Arar's case, which a three-judge panel of the 2nd Circuit dismissed in June. Arguments are scheduled for Dec. 9.

"We never even considered the possibility they would do it before we asked," said Maria LaHood, a Center for Constitutional Rights senior attorney representing Arar. "They certainly decided it was important enough on their own."

The Syrian-born Arar was detained in 2002 after switching planes at John F. Kennedy International Airport as he returned to Canada from vacation. Federal authorities say he had been wrongly listed as an al-Qaida member.



Appeals court orders Cuban militant to stand trial
Lawyer Blog News | 2008/08/15 10:28
 A federal appeals court on Thursday ordered Cuban militant Luis Posada Carriles to stand trial in El Paso on immigration fraud charges.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled that Posada, an 80-year-old anti-Castro militant, should stand trial on charges that he lied to federal authorities in his 2005 bid to become a U.S. citizen.

The criminal case against Posada had been dismissed last year when El Paso-based U.S. District Judge Kathleen Cardone ruled that the government engaged in trickery and deceit by using a naturalization interview to build a case against Posada.

Felipe Millan, one of Posada's lawyers in El Paso, said Posada's legal team was reviewing the decision and would decide on a course of action afterward.

In an e-mailed statement to The Associated Press, Justice Department spokesman Dean Boyd said, "We're pleased with the ruling and will proceed forward as appropriate."

The Cuban-born citizen of Venezuela is wanted in the South American country on charges that he orchestrated the 1976 bombing of a Cuban jetliner. He has denied any wrongdoing.

Posada was first arrested on a civil immigration violation in May 2005 after sneaking into the country from Mexico about two months earlier. Posada, a former CIA operative and U.S. Army officer, has claimed that he was brought across the border into Texas by a smuggler, but federal authorities have alleged that he actually sailed from Mexico to Florida.



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