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Belgium seeks world court order on ex-Chad leader
Legal World News | 2012/03/11 16:35
Lawyers for Belgium urged the United Nations' highest court Monday to order Senegal to prosecute former Chad dictator Hissene Habre or extradite him for trial for allegedly masterminding atrocities during his brutal eight-year rule.

Habre has lived in a luxury villa in Senegal's capital, Dakar, since rebels ousted him 1990 and has become a symbol of Africa's inability to try leaders from the continent accused of rights abuses.

The case at the International Court of Justice is about "taking a stand against impunity in the most serious crimes in international law," Belgian representative Paul Rietjens told judges in the wood-paneled Great Hall of Justice.

Belgium indicted Habre in 2005 for crimes against humanity, war crimes and torture based on complaints by survivors of his regime, some of whom have Belgian citizenship, but has failed to persuade Senegal to extradite him to Brussels despite repeated requests.


Miss. Supreme Court rules Barbour pardons valid
Court Feed News | 2012/03/09 17:34
The Mississippi Supreme Court on Thursday upheld the pardons issued by former Gov. Haley Barbour during his final days in office, including those of four convicted killers and a robber who had worked at the Governor's Mansion.

Barbour, a Republican who once considered running for president, pardoned 198 people before finishing his second term Jan. 10. Most of the people pardoned had served their sentences years ago, but crime victims were outraged and created a furor that lasted for weeks.

Democratic Attorney General Jim Hood challenged the pardons based on the argument that many of them didn't follow a requirement in the state Constitution to publish notices in newspapers for 30 days.

In their 6-3 opinion, the Mississippi Supreme Court wrote "we are compelled to hold that — in each of the cases before us — it fell to the governor alone to decide whether the Constitution's publication requirement was met." The court also said it couldn't overturn the pardons because of the Constitution's separation of powers of the different branches of government.

"In this decision, the Supreme Court has reaffirmed more than a century of settled law in our state. But this was not only about the power of the pardon or even the power of the office, but about the ability of a governor to grant mercy," Barbour said in a statement.


Ex-Detroit lawyer loses case over 'ghetto' remark
Headline News | 2012/03/09 12:33
A former top lawyer for the city of Detroit who lost her job for describing a local court as "ghetto" has lost an appeal over her dismissal.

A federal appeals court says Friday that Kathleen Leavey's comments in 2009 were not protected under the First Amendment because they were made as part of her job.

Leavey, who is white, has said she used the word "ghetto" in a conversation with a court employee to describe Detroit's 36th District Court as inefficient and poor in serving the public. The chief judge, who is black, heard about the comment and contacted city hall. The angry call to a deputy mayor led to Leavey's departure.

The appeals court says the Constitution does not shield certain expressions made during official duties.


Law Offices of Howard G. Smith Announces Class Action
Class Action News | 2012/03/08 17:20
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of purchasers of the common stock of Walter Energy, Inc.  between April 20, 2011 and September 21, 2011, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. The class action lawsuit was filed in the United States District Court, Northern District of Alabama.

Walter Energy produces and exports metallurgical coal for electric utility and industrial customers primarily in the United States. The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial prospects, including that: (1) the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced the Company’s coal production; (2) the Company’s commitment to ship more than 700,000 tons of coal in the second quarter at first quarter sales prices would result in a material adverse effect on Walter Energy’s average sales prices and operating results during the second quarter; (3) the Company was experiencing a significant decline in its margins and profitability; and (4), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its business and financial prospects during the Class Period.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Walter Energy common stock between April 20, 2011 and September 21, 2011, you have certain rights, and have until March 26, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice.

www.howardsmithlaw.com


FBI chief describes GPS problem from court ruling
Court Feed News | 2012/03/08 17:14
A recent Supreme Court ruling is forcing the FBI to deactivate its GPS tracking devices in some investigations, agency director Robert Mueller said Wednesday.

Mueller told a congressional panel that the bureau has turned off a substantial number of GPS units and is using surveillance by agents instead.

"Putting a physical surveillance team out with six, eight, 12 persons is tremendously time intensive," Mueller told a House Appropriations subcommittee. The court ruling "will inhibit our ability to use this in a number of surveillances where it has been tremendously beneficial."

Mueller declined to say how many devices were deactivated. The FBI's general counsel said at a law school conference two weeks ago that the FBI has 3,000 GPS devices.

In January, the Supreme Court unanimously agreed to bar police from installing GPS technology to track suspects without first getting a judge's approval. On Wednesday night, the FBI said many of the GPS trackers were placed with court authorization and so were not deactivated.

"We have a number of people in the United States who we could not indict, there's not probable cause to indict them or to arrest them who present a threat of terrorism, articulated maybe up on the Internet, may have purchased a gun, but taken no particular steps to take a terrorist act," Mueller said. "And we are stuck in the position of surveilling that person for a substantial period of time."


Iowa man pleads not guilty to bestiality charge
Criminal Law Updates | 2012/03/08 11:16
A northern Iowa man who allegedly performed a sex act on a dog has pleaded not guilty to a bestiality charge.

The Globe Gazette says 50-year-old Steven Schindler, of LuVerne, waived his right to a preliminary hearing set for March 15 in Hancock County District Court. He entered a written plea of not guilty. No new court date is set.

The sheriff's department says Schindler, an employee of a farm cooperative in Ottosen, was delivering LP gas to a resident in rural Britt on Feb. 20 when the alleged incident occurred.

If convicted of the aggravated misdemeanor, Schindler faces up to two years in prison, fines and a mandatory mental health evaluation.


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