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Appeals court overturns rare Mich. death sentence
Court Feed News | 2011/08/03 15:23
A federal appeals court on Wednesday overturned a death sentence for a western Michigan man who was convicted of drowning a young woman in a remote lake to prevent her from pursuing a rape case against him.

The court upheld Marvin Gabrion's conviction, but said the sentencing phase of his extraordinary 2002 trial in Grand Rapids federal court must start from scratch.

Gabrion's lawyers should have been allowed to tell jurors that he would not have faced a possible death sentence if prosecuted in state court because Michigan doesn't allow capital punishment, the appeals court said.

U.S. District Judge Robert Holmes Bell barred Gabrion's defense team from making that pitch during the sentencing phase. It may not have made a difference in the ultimate result, but the appeals court said it's a legitimate argument to make to jurors, who unanimously chose the death penalty.

Rachel Timmerman's body was found in a lake in the Manistee National Forest in Newaygo County in 1997. The U.S. attorney's office had jurisdiction because the victim was found in a portion of the lake that is federal property.

During the sentencing phase, prosecutors blamed Gabrion for the disappearance of four other people, including Timmerman's daughter. The body of one, Wayne Davis, was found floating in another lake a few months after the trial. No charges have been filed.


Buffalo city lawmakers irked by law firm's TV ad
Headline News | 2011/08/03 12:25
Some city lawmakers in Buffalo want a local law firm to stop running a television commercial that was filmed inside the Common Council Chambers.

The Buffalo News reports that the ads touting the Cellino and Barns law firm were filmed in the chambers on a Saturday in June after the building was closed to the public. The city prohibits commercials from being filmed in City Hall.

Common Council President David Franczyk says he never was informed of any plans to film a commercial in the ornate chamber. Majority Leader Richard Fontana told the newspaper he wants the firm to stop running the ads.

The firm's chief operating officer says they'll continue airing the commercial, which was shot while a filmmaker was inside the building shooting scenes for a movie about Buffalo.


Jury deliberates in post-Katrina shootings trial
Legal Career News | 2011/08/03 12:23

Jurors have begun deliberating the fate of five current or former police officers charged in deadly shootings on a New Orleans bridge after Hurricane Katrina.

Jurors began their deliberations Wednesday after U.S. District Judge Kurt Engelhardt gave them instructions.

The jury heard several hours of closing arguments Tuesday after five weeks of testimony by roughly 60 witnesses.

Police shot and killed two people and wounded four others on the Danziger Bridge less than a week after the 2005 storm. Officers are also accused of engaging in a cover-up.

Prosecutors say Katrina's chaotic aftermath offers no justification for police to shoot unarmed people who posed no threat.

Defense attorneys urged jurors to weigh the conditions after the storm in judging whether the officers acted reasonably.



Lawyer: Norwegian attacker makes demands
Legal World News | 2011/08/03 10:24

The confessed killer in Norway's twin terror attacks that claimed 77 lives has presented a long list of "unrealistic" demands, including the resignation of the government and that his mental condition be investigated by Japanese specialists, his defense lawyer said Tuesday.

Geir Lippestad told the Associated Press his client has two lists of demands. One consists of requests common among inmates such as for cigarettes and civilian clothing. The other is "unrealistic, far, far from the real world and shows he doesn't know how society works," Lippestad said by telephone.

Lippestad said 32-year-old Anders Behring Breivik links this second list to his willingness to share information about two other alleged terrorist cells that Breivik has mentioned during questioning.

"They are completely impossible to fulfill," Lippestad said, adding that although Breivik has agreed to be examined by local psychiatrists, he also wants to be investigated by Japanese specialists.

"He claims the Japanese understand the idea and values of honor and that a Japanese (specialist) would understand him a lot better than any European would."



Ind. asks court to lift Planned Parenthood order
Lawyer Blog News | 2011/08/02 16:01

Indiana has asked a federal appeals court to lift a judge's order blocking parts of a new abortion law that cuts some public Planned Parenthood funding.

In an appeal filed Monday, Indiana says the issue should be decided by Medicaid officials and not the courts.

Republican Gov. Mitch Daniels signed the law May 10, temporarily cutting off about $1.4 million to Planned Parenthood of Indiana because it provides abortions.

The state is asking the federal appeals court in Chicago to reverse U.S. District Judge Tanya Walton Pratt's June 24 preliminary injunction. Pratt's ruling barred the state from cutting Medicaid funds to Planned Parenthood.

The appeal came just days after the state complied with Pratt's ruling by giving Planned Parenthood a $6,000 grant.



Murdoch foam attacker gets 6 weeks in jail
Legal Career News | 2011/08/02 12:01

Police investigating phone hacking and police bribery at defunct British tabloid News of the World on Tuesday arrested a man, believed to be a former executive at the newspaper.

The Metropolitan Police said a 71-year-old man had been arrested by appointment Tuesday morning at a London police station. They did not name him in keeping with the British police practice of not identifying suspects who have not been charged.

Sky News, which is 39 percent owned by the newspaper's parent company, News Corp., identified him as former News of the World managing editor Stuart Kuttner.

Kuttner retired in 2009 after 29 years at the News of the World, 22 of them as managing editor.

News International — Murdoch's British newspaper division — would not confirm the arrested man's identity.

Police said he was in custody and being questioned on suspicion of conspiring to intercept communications — phone hacking — and on suspicion of corruption, which relates to claims that journalists bribed police officers for information.

Detectives investigating claims the Rupert Murdoch-owned newspaper illegally eavesdropped on the phone messages of celebrities, politicians and even crime victims have previously arrested 10 people, including Murdoch's former British newspaper chief Rebekah Brooks and Andy Coulson, an ex-News of the World editor who went on to be Prime Minister David Cameron's communications chief.



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