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Deposed Thai PM flees to Britain amid court case
Legal World News | 2008/08/10 15:38
Deposed Thai Prime Minister Thaksin Shinawatra and his family have fled to the United Kingdom, the former leader said Monday after he and his wife skipped a hearing on corruption charges in a Thai court.

A handwritten statement from Thaksin issued Monday said he fled because he could not expect justice in Thai courts. It came amid newspaper reports that he would seek asylum in Britain.

"My wife and I have traveled to reside in England," Thaksin said in the statement. "If I still have luck, I would come back and die on Thai soil like every other Thai person.

Thaksin's statement, which did not mention asking for asylum, was read Monday afternoon on state-run television.

"What happened to my family and me is like fruit from a poisonous tree — the fruit will also be poisoned," the statement said. "There is a continuation of dictatorship in managing Thai politics ... which is followed by interference in the justice system."

Thaksin and his wife Pojaman failed to appear Monday morning before the Supreme Court's Criminal Division for Holders of Political Positions in a case involving an allegedly unlawful purchase of real estate.

The couple left Thailand last week after the court gave them permission to attend the Olympic Games in Beijing but ordered them to report Monday. News reports in Bangkok said Thaksin and Pojaman flew from China to England, where the former leader owns several properties and the Manchester City football club.

Thaksin lived in exile in Britain after he was ousted in a 2006 military coup. He returned to Thailand earlier this year to face corruption charges against him after his political allies won new elections and formed a coalition government.



Court approves NCAA's settlement with ex-athletes
Headline News | 2008/08/08 10:29
A federal court has approved the settlement between the NCAA and 12,000 former student-athletes seeking reimbursements for educational expenses, resume preparation and career counseling.

NCAA officials announced Thursday that the U.S. district court in Los Angeles had approved the proposal Tuesday.

As part of the deal, the NCAA will create a $10 million fund for former student-athletes, thousands of whom joined in the class-action lawsuit. Those students, who attended school between Feb. 17, 2002 and Aug. 4, 2008, have three years to file claims with the NCAA.

As part of the deal, the NCAA denied it any wrongdoing in the case and said it agreed to settle to avoid additional expenses.



Texas executes immigrant after winning court fight
Lawyer Blog News | 2008/08/08 10:28
An illegal immigrant from Honduras who claimed his treaty rights were violated when he was arrested for a robbery-murder near Dallas was executed Thursday evening.

"God forgive them, receive my spirit," Heliberto Chi said in English. In Spanish, he told a friend watching through a window that he loved him and appreciated his hard work. He appeared to be whispering a prayer in Spanish with a tear at the corner of his right eye as the lethal drugs began to take effect.

One of Chi's cousins, who was among the witnesses, sobbed uncontrollably. Two sons of his victims watched through another window and Chi glanced at them briefly but didn't appear to acknowledge them. Chi was pronounced dead nine minutes later at 6:25 p.m. CDT.

He murdered his former boss, Armand Paliotta, during a 2001 robbery at an Arlington men's clothing store where Chi had once worked. An employee was wounded trying to run away and another hid among clothing racks and called 911 for help.

Chi went on the run with his 18-year-old pregnant girlfriend. She turned him in California about six weeks later for assaulting her and told authorities he was wanted for murder in Texas.

Lawyers for Chi had claimed in appeals to the U.S. Supreme Court that he should have been told he could get legal assistance from the Honduran consulate when he was extradited to Texas to face charges.

The Supreme Court, ruling about 2 1/2 hours before his scheduled execution time, rejected his appeal without dissent. The Texas Court of Criminal Appeals, the state's highest criminal court, rejected a similar appeal late Wednesday.



Arson probed at SC prosecutor's after court burns
Court Feed News | 2008/08/08 09:29
Officials were investigating a suspicious fire that gutted the prosecutor's office in this rural county Thursday, three days after an arsonist torched the historic courthouse just half a block away.

Police warned jumpy residents in this city of 8,300 people to be on the lookout for a dangerous suspect who may be someone they know.

Nobody was injured in either fire, the latest of which started shortly after 4 a.m. in the prosecutor's office in a one-story brick building that houses several other law offices in Lancaster's small downtown, authorities said.

Police Capt. Harlean Howard said witnesses to the fires have been interviewed but urged more to come forward. She also said experience shows the suspect will likely follow the investigation closely in media reports and in conversations.



Texas executes Mexican in defiance of world court
Legal Career News | 2008/08/07 15:26
Texas put to death a Mexican convicted murderer late Tuesday, defying a ruling from the International Court of Justice and ignoring a last-minute appeal from UN Secretary General Ban Ki-Moon.

Jose Ernesto Medellin, 33, was killed by lethal injection in the Huntsville death chamber at 9:57 p.m. Medellin was sentenced to die for the 1993 rape and murder of two girls, aged 14 and 16, in Houston, Texas. The Mexican-born Medellin was in the midst of an initiation into the Black and Whites street gang at the time.

The ICJ told US authorities in 2004 that Medellin's case and that of other Mexicans facing execution violated the Vienna Convention because authorities failed to inform the foreigners of their right to consular access and assistance during trial.

US President George W. Bush ordered that the cases be reviewed, but the US Supreme Court in March ruled that his request was unconstitutional.

Medellin's execution went ahead even though Ban urged US authorities to comply with the ICJ's order.



Court rejects suit opposing religion in vets care
Lawyer Blog News | 2008/08/07 15:23
Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled.

The 7th Circuit Court of Appeals ruled Tuesday the Madison-based Freedom From Religion Foundation and three of its members have no legal standing to bring the case.

The group was trying to end the department's practice of asking patients about their religion in "spiritual assessments," its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state.

But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision last year in which the same group was not allowed to sue over President Bush's faith-based initiative.

In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a congressional spending bill, the court ruled.

Congress never authorized spending on the chaplain services, pastoral care and other programs challenged, the 7th Circuit ruled.

Annie Laurie Gaylor, the foundation's co-president, criticized the ruling but said an appeal to the Supreme Court was unlikely. She said the group would look for VA patients who object to their treatment to be potential plaintiffs but said such a case would still be difficult to win.

"The courts are moving to the position where government can fund religious activities and endorse religion without restraint," she said. "It's really very disturbing."

The veterans agency, which treated 5.3 million people at its facilities in 2005, says it believes spirituality should be integrated into care, but it allows patients to decide whether that involves religion.

Its spiritual assessments ask patients a series of questions about their faith, such as how often they attend church and how important religion is in their lives. Agency officials say the assessments help them determine patients' needs.



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