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Miss high court hears challenge to Barbour pardons
Court Feed News |
2012/02/10 14:20
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Feuding attorneys asked the Mississippi Supreme Court on Thursday to determine the validity of pardons that Haley Barbour gave to convicted killers and other convicts during his final days as governor.
Chief Justice Bill Waller Jr. said the court would not rule Thursday, but he didn't say when a decision would come.
"We want them to take enough time to do it right," said Randy Walker, who objects to the pardons. Walker was shot in the head in 1993 by one of the men Barbour set free last month. That former inmate, David Gatlin, also fatally shot his own estranged wife as she held the couple's baby.
At the heart of the dispute is Section 124 of the Mississippi Constitution, which says "no pardon shall be granted" by the governor until the convicted felon applying for the pardon publishes notice of that application for 30 days in a newspaper in or near the county where the crime was committed.
Justices could uphold the pardons, as requested by a private attorney representing Republican Barbour. Or they could declare the pardons invalid, as requested by Democratic Attorney General Jim Hood. If they agree with Hood that the 30-day publication is a must, they could send the pardons back to a lower court, where a circuit judge could hold a trial to determine whether the pardons met those requirements. |
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High court asked to undo Mont. campaign money ban
Legal Career News |
2012/02/10 13:21
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Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.
Three groups filed papers with Justice Anthony Kennedy on Friday, saying that the Montana court's decision in December is out of step with Kennedy's majority opinion in the 2010 Citizens United case that struck down a federal ban on independent campaign spending.
The American Tradition Partnership and two other groups sued soon after the 2010 decision to overturn Montana's century-old corporate spending ban. But the state Supreme Court said the Montana law could remain in place because it was a response to political corruption and allows for some corporate spending. |
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Glancy Binkow & Goldberg LLP Announces Class Action
Class Action News |
2012/02/09 17:36
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Notice is hereby given that Glancy Binkow & Goldberg LLP has filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the American Depositary Shares of China Medical Technologies, Inc. between November 26, 2007 and December 12, 2011, inclusive seeking to pursue remedies under the Securities Exchange Act of 1934.
A copy of the Complaint is available from the court or from Glancy Binkow & Goldberg LLP. Please contact us by phone to discuss this action or to obtain a copy of the Complaint at (310) 201-9150 or Toll Free at (888) 773-9224, by email at shareholders@glancylaw.com, or visit our website at http://www.glancylaw.com.
China Medical develops, manufactures and markets immunodiagnostic and molecular diagnostic products. The Complaint alleges that throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose material adverse facts about the Company's business, operations and prospects, including: (1) that the Company’s acquisition of Beijing Bio-Ekon Biotechnology Co. Ltd. (“BBE”) was from a third-party seller connected to China Medical’s CEO; (2) that the Company substantially overpaid to acquire BBE; (3) that China Medical’s acquisition of BBE involved the use of fraudulent shell companies; (4) that the Company was suffering substantial operating losses prior to the acquisition; (5) that a majority of the Company’s accounts receivable were in excess of 120 days; (6) that, as a result, China Medical’s financial results were overstated; (7) that the Company lacked adequate internal and financial controls; and (8), as a result of the foregoing, that the Company's statements were materially false and misleading at all relevant times.
Plaintiff seeks to recover damages on behalf of class members and is represented by Glancy Binkow & Goldberg LLP, a law firm with significant experience in prosecuting class actions and substantial expertise in actions involving corporate fraud.
http://www.glancylaw.com |
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Fugitive sibling to appear in Colo. court
Criminal Law Updates |
2012/02/09 16:32
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One of the three siblings accused in a multi-state crime spree is scheduled to enter a plea deal in court on Thursday.
Prosecutors and Lee Grace Dougherty, 29, are scheduled to present a plea deal to Judge Claude Appel during a hearing, spokesman Rob McCallum said.
Prosecutors and her attorney aren't commenting, citing a judge imposed gag order. Prosecutors last week dropped attempted-murder charges against her and instead charged her with eight felony first-degree assault and menacing charges. Each charge corresponds to an officer involved in a high-speed chase Aug. 10 in southern Colorado.
Dougherty and her two brothers — Ryan Dougherty, 21, and Dylan Stanley-Dougherty, 26 — are accused of shooting at a police officer in Florida, as well as robbing a Georgia bank before being captured in southern Colorado on Aug. 10.
There's no word yet on whether the brothers have also reached plea deals. Colorado, federal and Florida prosecutors have been discussing possible plea deals involving them.
Attorneys for the siblings have questioned whether prosecutors' evidence could prove that the siblings were trying to harm or kill officers, pointing to an apparent lack of bullet holes on police cruisers involved in the chase. |
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Famed Spain judge convicted of misusing authority
Legal World News |
2012/02/09 11:36
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The Spanish judge celebrated for pursuing international human rights cases was convicted of overstepping his jurisdiction in a domestic corruption probe Thursday and barred from the bench for 11 years, completing a spectacular fall from grace for one of Spain's most prominent people.
A seven-judge panel of the Supreme Court convicted Baltasar Garzon unanimously. He is 56, so the punishment could effectively end his career in Spain.
Garzon acted arbitrarily in ordering jailhouse wiretaps of detainees talking to their lawyers, the court said, adding that his actions "these days are only found in totalitarian regimes."
Ironically, Garzon is best known for indicting a totalitarian ruler, former Chilean dictator Augusto Pinochet, in 1998, and trying to put him on trial in Madrid for crimes against humanity.
Garzon acted under the principle of universal jurisdiction — the idea that some crimes are so heinous they can be prosecuted anywhere. He and colleagues at the National Court went on to champion this doctrine and try to apply it to abuses in such far-flung places as Rwanda and Tibet. Garzon also indicted terror mastermind Osama bin Laden in 2003 over the Sept. 11 attacks in the United States. |
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Ariz Supreme Court bars candidate from running
Court Feed News |
2012/02/08 17:27
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The Arizona Supreme Court on Tuesday affirmed a ruling that barred a woman from running for a city council seat because she doesn't speak English proficiently.
The state's highest court ruled that Alejandrina Cabrera's name shouldn't appear on the March 13 election ballot in San Luis but didn't list a reason for the decision. A full written ruling is expected at a later date, according to an Arizona Supreme Court spokeswoman.
The case brought widespread attention to the southern Arizona border city after Mayor Juan Carlos Escamilla filed a court action asking for a determination of whether Cabrera has the English skills necessary to serve a four-year term.
State law requires elected officials to know English, but Cabrera's attorneys claimed the law doesn't define proficiency in the language.
John Minore, an attorney for Cabrera, said his office is looking at ways to appeal the case to the U.S. Supreme Court.
Cabrera's lawyers previously said the action against their client was politically motivated because of her efforts to recall Escamilla. Cabrera began circulating petitions to recall the mayor in April after the council hiked utility rates and approved the layoffs of 12 city employees as part of spending cuts. |
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