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Granholm appoints 2 judges to Michigan appeals court
Law & Politics | 2007/08/20 11:56
Gov. Jennifer Granholm on Monday appointed two new judges to the 28-member Michigan Court of Appeals. Elizabeth L. Gleicher, of Pleasant Ridge, will replace Judge Jessica Cooper, who stepped down to start a private practice. Jane M. Beckering, of Grand Rapids, will replace Judge Janet Neff, who recently was appointed to the U.S. District Court in western Michigan. Gleicher, 52, most recently was an attorney in private practice after four years as owner and partner of a Royal Oak law firm.

She is a member of the Board of Visitors for Wayne State University Law School, where she once served as an adjunct faculty member. Gleicher earned her law degree from Wayne State University and got her bachelor's degree from Carleton College in Minnesota. Her term will expire Jan. 1, 2009.

Beckering, 42, most recently served as an attorney with Buchanan & Beckering, PLLC law firm and as a mediator for the Kent County Circuit Court. She earned her law degree from the University of Wisconsin and received her bachelor's degree from the University of Michigan.

Last year, Beckering ran unsuccessfully as a Democratic nominee in the Michigan Supreme Court election. Her term will expire Jan. 1, 2009.

Granholm, a Democrat, has appointed five judges to the appeals bench since taking office in 2003.

Michigan Supreme Court Chief Justice Clifford Taylor has said within recent months that four of the 28 appeals judgeships can be cut to save money during the state's budget crisis. But Granholm was unlikely to agree to limit her ability to replace vacancies on the appeals court, which former Republican Gov. John Engler filled with conservative-leaning appointees.



Court to decide on new Taylor trial delay
Legal World News | 2007/08/19 21:46
The Hague - Judges presiding over the war crimes trial of former Liberian president Charles Taylor are expected to decide on Monday when the case will resume after his new defence team asked for a delay.

The trial chamber of the Sierra Leone tribunal, moved to The Hague for Taylor's trial, will hold a procedural hearing Monday to discuss the request of Taylor's new lawyers to postpone the trial until January 7, 2008. The prosecution has supported the move but said in a separate motion that the length of the adjournment should be decided by the judges.

Taylor, 59, the first African head of state to stand trial before an international court for war crimes, sacked his first lawyer on the grounds that he had no chance of receiving a fair hearing.

His trial officially opened on June 4 but the case got bogged down by the legal wrangling about Taylor's defence and was delayed several times.

Finally a new defence team was installed mid-July but lead counsel Courtenay Griffiths has argued he need more time to prepare. The defence already has about 40 000 pages of witness statements and documents to read through with many more expected to come as the case moves forward.

Once one of Africa's most feared warlords, Taylor has pleaded not guilty to all 11 charges of war crimes and crimes against humanity including murder, rape and using child soldiers during the brutal 1991-2001 civil war in Sierra Leone.

Around 120 000 people were killed in the Sierra Leone conflict, with rebels mutilating thousands more, cutting off arms, legs, ears or noses.

Taylor is accused of arming, training and controlling Sierra Leone's notorious Revolutionary United Front (RUF), responsible for many of the mutilations, in exchange for still-unknown amounts of diamonds used to fund war.


NSA spying programme argued at court hearing
Lawyer Blog News | 2007/08/17 15:21

A US appeals court has agreed to weigh a government motion to dismiss a lawsuit alleging that the National Security Agency (NSA) monitored phone lines and emails without a warrant, but judges asked a government lawyer tough questions over the issue. The Electronic Frontier Foundation (EFF) filed a class action lawsuit against AT&T claiming the company violated the privacy rights of its customers when it cooperated with an NSA programme of monitoring AT&T customer phone calls and e-mail traffic without warrants.

Deputy Solicitor General Gregory Garre, representing the government, argued that letting the case go to trial, "would reveal the sources, methods and operational details" of government intelligence activities. The alleged monitoring is part of more rigorous surveillance practices put in motion after the terrorist attacks of 11 September, 2001.

After a two-and-a-half hour hearing, the US Court of Appeals for the 9th District, in San Francisco, said it will consider the dismissal motion as well as a one in a second lawsuit also challenging the NSA programme.

But Appeals Court judges Michael Daly Hawkins, Margaret McKeown and Harry Pregerson, peppered Garre with questions, challenging his argument that the state secrets privilege trumps the right of the plaintiffs to have their case heard.

Pregerson asked Garre how a court is to decide whether something the executive branch claims is a state secret is a secret, if the executive branch won't reveal what it claims is a secret.

"Who decides what's a state secret? Are we just a rubber stamp? We're just supposed to take the word of the executive?" Pregerson asked.

Garre responded that the court should give "the utmost deference" to the executive branch's claim that something is a state secret, but acknowledged that it is not an "absolute deference".

The EFF says that AT&T, at one of its offices in San Francisco, diverted internet traffic, including emails and Voice over IP (VoIP) phone calls, to a separate room in which NSA-authorised people monitored the network traffic. Robert Fram the attorney for EFF, said that just the act of diverting that traffic into a room controlled by the NSA proved their case against AT&T and that they would not have to try to risk violating the state secrets privilege by trying to disclose what was done with the information.

But Garre, in rebuttal, argued that if the surveillance done in that room was approved by a warrant, then there is no violation by the government or AT&T in diverting internet traffic to that surveillance room.

The second case is that of the Al-Haramain Islamic Foundation versus President George W. Bush, which claims the government engaged in warrantless surveillance of their organisation, in violation of its constitutional rights.

The appeals judges gave no indication when they might rule on the motion to dismiss. Lee Tien, an EFF staff attorney, said given the notoriety of the case, the judges could render a decision soon, but at the same time, given the gravity of the issues, they might take more time.



Hastert says he's not seeking re-election
Law & Politics | 2007/08/17 15:16
Rep. Dennis Hastert, who was speaker of the House longer than any Republican, announced Friday morning he will not seek another term in Congress. "It was a great personal privilege and honor for this former teacher and wrestling coach to have been elected and to have served the American people," Hastert said in a news release. Hastert was scheduled to speak publicly about his decision at an event for supporters outside the Kendall County courthouse.

Retirement speculation has circulated since he forfeited the powerful speaker's post when Republicans lost control of the House in last year's elections. Hastert, 65, declined to run for minority leader, taking on a role as elder statesman among Republicans.

In his release, Hastert said his accomplishments as a congressman for his northern Illinois district and as House speaker weren't his own doing, but happened because of support from constituents, friends and colleagues.

"We worked together to pass legislation to provide a service or to meet the need or those we served," he said. "We fought for our beliefs and worked to improve our communities, our district and our country."

Hastert's retirement has local Democrats starting to boast they can win another congressional seat, even as the GOP vows it won't easily give up a seat it has held for two decades. Hastert was considered by many to be unbeatable in his northern Illinois district.

"Any Democrat thinking of getting into this race does so at his or her own peril," said National Republican Congressional Committee spokesman Ken Spain.

A Hastert vacancy is the second in Illinois that Republicans would have to contend with because retiring Rep. Ray LaHood is giving up a central Illinois congressional seat controlled by the GOP for nearly 90 years. LaHood will leave when his term ends in January 2009.

National Republicans "now have to defend another open seat in a blue state where the president is incredibly unpopular," said DCCC spokesman Doug Thornell.

Thornell said a race to replace Hastert would be a "a real opportunity" for Democrats in a "competitive district." The district stretches from Hastert's Plano home south of Chicago all the way to the Mississippi River.

Some local Democrats say they might snag Hastert's district away from Republicans because the populated areas are leaning more Democratic as people migrate there from the heavily Democratic city of Chicago in search of less expensive housing. They also point to last year's election, when two Democrats from Hastert's district won open seats in the Illinois Senate that had been held by Republicans.

"Times, they have a-changed," said state Sen. Michael Noland, one of those Democrats who now represents the Elgin area west of Chicago.

President Bush carried the district in 2004 with 55 percent of the vote.



Ex-Con Pleads Guilty in N.H. Killings
Court Feed News | 2007/08/17 14:26

An ex-convict who authorities say went on a multistate crime spree after leaving prison this spring pleaded guilty Friday to killing three men during a botched robbery last month in Conway. After hearing from the victims' families, Judge Edward Fitzgerald sentenced Michael Woodbury, 31, to mandatory sentences of life in prison without parole.

Woodbury admitted fatally shooting James Walker, manager of the Army Barracks outdoors gear store in Conway, on July 2, along with two customers, William Jones, 25, and his friend Gary Jones, 23.

Woodbury gave short answers in Merrimack County Superior Court as Fitzgerald and public defender Caroline Smith reviewed his history of mental problems, including bipolar disease, and his understanding of the process and his options.

"I'm pleading guilty because I am guilty," he said.

He apologized to each victim by name, and to their families.

But Walker's father, also named James, told him, "You are a coward, a thief and a cold-blooded murderer."

Woodbury, of Windham, Maine, was released May 4 from the Maine State Prison after serving five years for robbery and theft. Authorities say he left the state a month later, heading south with two teenage sisters in a car allegedly stolen from their mother.

Woodbury is accused of robbing a bank in Florence, S.C., on June 6; breaking into a million-dollar home in St. Simons Island, Ga., and then setting it on fire June 12; and holding up a clothing store June 19 in Chattanooga, Tenn., wielding a knife in a scuffle with the shop owner's son before escaping.

Both sisters eventually broke away from Woodbury, one of them hiding from him in a gas station restroom the day before the Chattanooga robbery.

After his arrest for the murders, Woodbury told authorities he thought Walker, 34, was reaching for a weapon, so he shot him. He said he then shot the other two men because they got in his way. Relatives said William Jones of Walpole, Mass., and Gary Jones, of Halifax, Mass., were not related but were as close as brothers.

Woodbury complained after his arrest that he had warned prison officials in Maine he would be a danger.

"I reached out, asking for help. I reached out and told them I need medication. I reached out and told them I shouldn't be out in society. I told numerous cops, numerous guards," Woodbury told reporters outside a courthouse on July 5.

Maine authorities said Woodbury had access to a wide variety of mental health services.

When the judge declined to let Woodbury speak a second time on Friday, he scribbled a sign and pointed it toward the family members. "U have a lawsuit," it said.

A relative of one victim had said Woodbury pleaded guilty in order to choose his prison, but Jeffery Strelzin, head of the criminal division in the Attorney General's Office, said Woodbury was promised nothing in return for his plea.



Tocchet gets 2 years probation in gambling case
Court Feed News | 2007/08/17 14:18

Suspended Phoenix Coyotes assistant coach Rich Tocchet won't serve any jail time for his role in an illegal sports gambling ring. The former National Hockey League forward was sentenced to two years probation in a Mount Holly, N.J., courtroom Friday. Former NHL forward Rick Tocchet talks to his attorney Kevin Marino in Mount Holly, N.J., courtroom Friday.
(Mel Evans/Associated Press) Tocchet could have received up to five years in state prison for conspiracy and promoting gambling, charges to which he pleaded guilty in May.

Before being sentenced, Tocchet told Burlington County Superior Court Judge Thomas S. Smith: "I'm sorry to the court, my family and friends I was involved in this."

Tocchet, 43, partnered with former New Jersey state trooper James Harney and another man in a sports betting venture they ran for five years.

Harney, who pleaded guilty on Aug. 3, 2006, was sentenced two weeks ago to five years in jail. He could be eligible for parole in about a year. Tocchet remains on indefinite leave from his job with the Coyotes.



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