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Condemned inmate gets new trial after juror tweet
Court Feed News | 2011/12/08 10:56
The Arkansas Supreme Court on Thursday tossed out a death row inmate's murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.

Erickson Dimas-Martinez's attorneys had appealed his 2010 murder conviction because the juror sent the tweets despite the judge's instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.

In one tweet, juror Randy Franco wrote: "Choices to be made. Hearts to be broken...We each define the great line." Less than an hour before the jury announced its verdict, he tweeted: "It's over."

Other tweets by Franco made passing references to the trial, with posts such as, "the coffee sucks here" and "Court. Day 5. Here we go again."

The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case.


Political aide to former Md. governor found guilty
U.S. Legal News | 2011/12/07 17:15
A political aide to former Maryland Gov. Robert Ehrlich was convicted Tuesday of conspiring to use election-day robocalls in an effort to suppress black voter turnout during the 2010 gubernatorial election.

Paul Schurick was found guilty of all four counts he faced, including conspiracy to influence or attempt to influence a voter's decision whether to go to the polls through the use of fraud and conspiracy to publish campaign material without an authority line. A stoic Schurick comforted his wife in the courtroom after the Baltimore jury's verdict was read, but declined to comment.

His attorney, A. Dwight Pettit, said they will appeal.

Prosecutors argued the calls that went out on the evening of Election Day to about 110,000 voters in Baltimore city and Prince George's County — two jurisdictions with high percentages of black voters — were an effort by the Republican campaign to reduce the number of black Democrats voting in heavily Democratic Maryland.


NYC lawyer: Boy a menace before shopping cart case
Lawyer Blog News | 2011/12/07 17:15
Officials say a 13-year-old had a history of troubling behavior before he helped push a shopping cart that fell on a woman from a fourth-floor walkway at a New York City mall.

A city lawyer told a judge Tuesday the boy tried to run schoolmates over on his bike, threw things in the lunchroom and hit his mother's cat.

The attorney says the boy joked around at a police precinct after his Oct. 30 arrest and expressed more concern about his sneakers than about the woman who was seriously hurt.

The boy's lawyer says the teen needs and wants counseling for his behavioral problems.

The boy was charged as a juvenile and pleaded guilty in Family Court last month to assault. His sentencing was postponed Tuesday until later this month.


Blagojevich team says he's guilty, asks for mercy
Legal Career News | 2011/12/07 12:15
After all his claims of innocence and facing years in prison, Rod Blagojevich let his lawyers make an admission that he has so far avoided - that he is, in fact, guilty of public corruption.

The former Illinois governor will get a chance to do the same Wednesday, when he is scheduled to address the judge who will decide his sentence.

Judge James Zagel signaled Tuesday he may be prepared to impose a stiff prison sentence, saying he thinks Blagojevich lied when he told jurors he never tried to sell or trade an appointment to President Barack Obama's vacated Senate seat for campaign cash or a top job.

Throughout the first day of his two-day sentencing hearing, the impeached executive-turned-reality TV star known for his jocular personality was somber and ill-at-ease, staring down at the floor. His wife sobbed as a letter from their daughter was read begging Zagel not to send Blagojevich to prison.

The hearing was a stark contrast to the circus atmosphere around Blagojevich's trials on multiple counts of corruption.

The conciliatory tone came as something of a surprise — just days after defense filings that, as many times before, stridently declared Blagojevich's innocence and said he had been duped by aides but never intended to cross any lines into illegality.


Bank of America settles mortgage suit for $315 mln
Class Action News | 2011/12/06 18:42
Bank of America agreed to pay $315 million to settle claims by investors that they were misled about mortgage-backed investments sold by its Merrill Lynch unit.

The settlement was disclosed in court papers filed late Monday in U.S. District Court in Manhattan and requires the approval of a judge.

The class action lawsuit was led by the Public Employees' Retirement System of Mississippi pension fund. The fund claimed that the investments were backed by poor quality mortgages written by subprime lenders Countrywide Financial Corp., First Franklin Financial, and IndyMac Bancorp, a bank that failed in 2008.

The settlement represents another attempt by Charlotte, North Carolina-based Bank of America Corp. to put its legal issues behind it. In the first half of the year alone the bank put up $12.7 billion to settle similar claims from different groups of investors.

U.S. District Judge Jed Rakoff has to approve the settlement, something that could prove difficult since the settlement includes no admission of guilt from Bank of America.

Just last week, Rakoff struck down a $285 million settlement that Citigroup Inc. reached with the Securities and Exchange Commission. The settlement would have imposed penalties on Citigroup even as it allowed the company to deny allegations that it misled investors.


Senators pushing for televised court arguments
U.S. Legal News | 2011/12/06 17:43
Senators are once again pushing the Supreme Court to televise its courtroom proceedings, especially since justices will have an election-year argument over the constitutionality of President Barack Obama's signature health care overhaul.

A Senate Judiciary subcommittee debated Tuesday whether Congress should or — even could — force the Supreme Court, a co-equal branch of government, to allow cameras to broadcast live during arguments.

The high court does not allow live television or audio broadcasts. Transcripts and audio recordings are released after the nine justices hear lawyers argue cases.

Former Sen. Arlen Specter of Pennsylvania says he has been trying to get the high court televised for 25 years. He testified that putting arguments on TV would help people understand what the justices do.


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