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Philippines elections proceed amidst fraud allegations
Legal World News | 2007/05/15 11:16

Elections held in the Philippines to elect members of the Philippines Senate and House of Representatives proceeded Monday despite reports of violence and allegations of fraud. Government authorities attributed the death of 116 people, including 11 candidates since the election campaigning season began on January 14 to election violence directed towards candidates and voters alike. The Philippine National Police has established special Task Forces to "facilitate the augmentation of police and military personnel" in 32 of 81 provinces that were threatened by "serious armed threats," which the government attributed to communist militants from the Communist Party of Philippines (CPP), New People's Army (NPA), and "other lawless elements." Despite the violence, Avelino Ignacio Razon Jr., deputy director of the Philippine national police characterized the election process as "proceeding smoothly."

Elections in the Philippines are routinely plagued by violence, allegations of vote buying and balloting fraud. Members of the opposition have made allegations that ballot boxes containing completed ballots were discovered before polling began, and that candidate names had been removed from ballots in select voting precincts. The National Police has reported instances of confirmed electoral fraud and vote buying, as well as organized attacks against members of the Board of Election Inspectors and their police escorts. In 2006, Philippines President Gloria Macapagal was accused of vote rigging, bribery, graft, corruption, human rights abuses and violations of Philippines Constitution.



WellPoint unit settles class-action suit in California
Class Action News | 2007/05/15 09:22

Indianapolis-based WellPoint Inc.’s subsidiary in California—facing a state fine for retroactively canceling health insurance policies—agreed Friday to a class-action settlement with 6,000 policyholders, according to USA Today.

Blue Cross of California pledged not to retroactively cancel coverage unless policyholders "intentionally misrepresented" information on their applications—a sharp change in its practices.

In March, the California Department of Managed Health Care announced a $1 million fine against Blue Cross. The company is contesting the fine.

For decades, insurers have canceled a small percentage of policies when they found mistakes or omissions on application forms completed by policyholders. Insurers defend the practice, called “rescission,” as a check against fraud.

Critics say insurers invoke when a policyholder files a large medical bill. The practice affects people who buy their own insurance, not those covered by employer-sponsored plans.



Connecticut's civil unions law heads to court
U.S. Legal News | 2007/05/14 16:17

The state Supreme Court on Monday took up the issue of gay marriage in Connecticut, the first state in the nation to pass a civil unions law without court intervention. Eight gay and lesbian couples, unhappy with civil unions, are suing over the state's refusal to grant them marriage licenses. They want the court to rule that the state's marriage law is unconstitutional because it applies only to heterosexual couples and denies gay couples the financial, social and emotional benefits of marriage.

The state argues that Connecticut's 2005 civil unions law gives the couples the equality they seek under state law.

The state Supreme Court began hearing the case Monday and was expected to issue a decision later in the year.

Attorneys on both sides say a ruling in the couples' favor could have nationwide implications for states that have adopted or are considering civil union-like legislation.

Currently, only Massachusetts allows same-sex couples to marry. Connecticut, Vermont, California, New Jersey, Maine and Washington have laws allowing either civil unions or domestic partnerships. Hawaii extends certain spousal rights to same-sex couples and cohabiting heterosexual pairs.

Anne Stanback, president of the group Love Makes a Family, and a handful of gay marriage supporters, were among the first to arrive at the Supreme Court on Monday morning. She and her partner of 23 years have not had a civil union because they are waiting for full marriage rights.

"We wanted to make sure we were part of the history," Stanback said.

The hearing also drew gay marriage opponents, including members of the Family Institute of Connecticut.

"We hope the court will realize that something this radical should be left to the people, that something this disruptive, divisive and controversial should be left to the people to decide and not handed down from above," said Peter Wolfgang, the group's director of public policy.

The Connecticut couples, who have been together between 10 and 32 years, say civil unions are inferior to marriage and violate their rights to equal protection and due process.

Married couples have federal rights related to taxes, Social Security beneficiary rules, veterans' benefits and other laws that people in civil unions don't have.

Because civil unions aren't recognized nationwide, other rights, such as the ability to make medical decisions for an incapacitated partner, disappear when couples cross state lines.

The Connecticut couples' claim was dismissed by a lower court last year when a judge said they received the equality they sought when Connecticut passed a same-sex civil unions law. The couples appealed.

The state Department of Public Health and the Madison town clerk's office were named as defendants in the case after denying marriage licenses to the couples based on state Attorney General Richard Blumenthal's advice.

"Our basic argument is, the trial court correctly recognized that there is a rational basis for the state to use a different name for the same rights and benefits accorded same-sex couples," Blumenthal said. "The rights and benefits are identical, whether the union is called a civil union or a marriage."

A bill is pending in Connecticut's legislature to approve same-sex marriage, but leaders of the Judiciary Committee say they want to pull it from consideration this session because they do not believe enough lawmakers would vote to approve it.

Republican Gov. M. Jodi Rell, who signed the civil unions bill into law in 2005, has said she would veto a gay marriage bill. Rell has said she believes marriage is between one man and one woman.



Supreme Court hears case of death row
Lawyer Blog News | 2007/05/14 16:05

The US Supreme Court ruled Monday that a US district judge did not abuse his discretion in refusing to allow an Arizona death row inmate to pursue an ineffective assistance of counsel claim after the inmate refused to allow his lawyer to present mitigating evidence at his sentencing hearing. In Schriro v. Landrigan, the defendant told the trial judge that he did not wish his lawyer to present mitigating evidence during sentencing, but then later attempted to obtain post-conviction relief because his lawyer failed to conduct further investigation into mitigating circumstances.

The Supreme Court ruled 5-4 to reverse the Ninth Circuit's decision in the case. The majority wrote:

In cases where an applicant for federal habeas relief is not barred from obtaining an evidentiary hearing by 28 U. S. C. §2254(e)(2), the decision to grant such a hearing rests in the discretion of the district court. Here, the District Court determined that respondent could not make out a colorable claim of ineffective assistance of counsel and therefore was not entitled to an evidentiary hearing. It did so after reviewing the state-court record and expanding the record to include additional evidence offered by the respondent. The Court of Appeals held that the District Court abused its discretion in refusing to grant the hearing. We hold that it did not.

Read the Court's opinion per Justice Thomas, along with a dissent from Justice Stevens.



Long Island man pleads not guilty in hit-run death
Court Feed News | 2007/05/14 14:15

A Long Island man pleaded not guilty on a charge in the hit-and-run death of an East Meadow woman, struck and killed as she waited in her driveway for her husband. Robert Fowler, 57, of Massapequa, was arraigned Sunday in Hempstead on a charge of leaving the scene of an accident involving a fatality. He was ordered held on a bail of $100,000 bond or $50,000 cash after appearing before Nassau County's First District Court.

Fowler was arrested after detectives used Department of Motor Vehicle records to trace broken headlight lenses found at the accident scene to his vehicle, said Nassau County police officer Thomas Blanchard.

Police said Nina Sharma, 49, was struck by the vehicle as she stood at the foot of the family driveway, waiting for her husband, Raj, to bring trash cans to the curb, before they took a late-night walk.

Homicide detectives said the impact threw or dragged her about 65 feet. She was pronounced dead at Nassau University Medical Center.

The couple, who have three children, own a clothing business in Hicksville.



Man pleads guilty to rape; gets life sentence
Criminal Law Updates | 2007/05/14 13:17

Due to the victim's age, a Defiance man convicted Monday of child sexual abuse was sentenced to life imprisonment.

Defiance County Common Pleas Judge Joseph Schmenk handed the mandatory sentence to Andrew Arps, 18, 700 Kiser Road, for rape, a first-degree felony. Arps, who pleaded guilty to the charge Monday morning, will be parole eligible in 10 years. State law required Schmenk to impose the sentence because the victim " a four-year-old girl " was less than 10 years of age.

Authorities said during Monday's hearing that Arps engaged in digital penetration at an apartment at 700 Kiser Road on Nov. 21. Because the sentence was mandatory, the court entertained only a few comments before Arps was sentenced. Arps said he was "sorry for everything. If I could take it back I would."
The victim's father, however, said Arps had "stolen my daughter's innocence. I hope for his sake he doesn't get parole. No amount of time he can spend in jail ... can make the hurt go away."

Arps' court-appointed attorney, Steve Sondergaard of Defiance, said his client understands his conduct and is remorseful. "I believe Mr. Arps understands how this not only impacts the victim, but himself and his family," said Sondergaard. "He's truly remorseful. He understands his wrongdoing."

Schmenk made no comment in pronouncing sentence while assistance county prosecuting attorney Morris Murray said the crime has made a "tremendous impact on the victim" and her parents.

Arps was arrested in November by Defiance police not long after the crime occurred. He was later indicted by a county grand jury in December for a single count of rape. The defendant has been incarcerated at CCNO on a $1 million bond.



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