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Serbia seeks to block execution of citizen in Nev.
Lawyer Blog News | 2011/08/15 11:05
The Serbian government is asking a Nevada court to block the execution of one of its citizens, saying its consulate was not informed of his 1994 arrest as required by international law.

Serbia, in a friend-of-the-court brief filed last week in Washoe County District Court in Reno, maintains the notification would have provided Avram Nika with assistance that could have spared him the death penalty.

Nika, 41, is on death row at Ely State Prison for the 1994 killing of a good Samaritan who stopped to help him along Interstate 80 near Reno. He has yet to exhaust his state and federal appeals.

"(Nika was) particularly vulnerable to the denial of consular assistance due to his inability to speak English and his lack of familiarity with the U.S. legal system and culture," Serbia's brief says.

The failure to notify the consulate caused no mitigating evidence to be presented at his sentencing hearing — such as that he was a hard-working family man who came from poverty and was discriminated against because he was a member of a nomadic ethnic group known as Roma, also called Gypsies, according to the document.

District Attorney Dick Gammick says there was no consulate to contact because the former Yugoslavia where Nika was from was undergoing drastic change at the time. Serbia did not exist as a country then, he said, and other countries in the region came and went.


Ex-Harvard student due in court in 2009 shooting
Criminal Law Updates | 2011/08/15 10:11
A former Harvard student accused of hiding the gun used in a fatal shooting inside a university dormitory is due in court.

Brittany Smith is one of four people who were charged in connection with the shooting of 21-year-old Justin Cosby of Cambridge.

Smith's former boyfriend, Jabrai (juh-BRY') Jordan Copney, of New York City, was convicted of murder in Cosby's death and is serving a life sentence.

During Copney's trial, prosecutors said Cosby, a local drug dealer, was shot during an attempted robbery by Copney and two other New York City men in May 2009.

Smith is accused of giving the men her Harvard electronic keycard to enter the building, hiding the gun used in the shooting and helping the men flee.


Calif Supreme Court says threats must be serious
Court Feed News | 2011/08/14 16:07
The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious.

The San Francisco Chronicle says last week's unanimous decision means a Riverside County judge must re-examine the conviction of a man who told his jailed wife he would blow away the head of a man who accused them of stealing $250,000.

Eddie Lowery was convicted of threatening a crime victim and he was sentenced to a year in jail.

In its ruling Thursday, the court ruled a threat is not protected by freedom of speech if a reasonable listener concludes the speaker was serious and wasn't merely joking.


Appeals court strikes health insurance requirement
Headline News | 2011/08/13 16:15
A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.

The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.

The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.

The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."

"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said.


Lawyer: NJ student didn't mean to spy on roommate
Headline News | 2011/08/12 17:17

A lawyer for a former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man says in newly filed legal papers that prosecutors got it all wrong and that the case should be dropped.

Nineteen-year-old Dharun Ravi faces charges, including bias intimidation and invasion of privacy, in the case that's been linked to roommate Tyler Clementi's death last September when he jumped off the George Washington Bridge.

Clementi's suicide sparked a national discussion about bullying and gay youth that prompted celebrities, senators and President Barack Obama to speak out.

But defense lawyer Steven Altman said in a brief filed Wednesday that his client was not spying on Clementi. Altman said Ravi initially turned on his webcam from a friend's computer to see what was going on in the dorm room because he was concerned about whether the man Clementi had over might steal Ravi's iPad. He stopped watching "two seconds" after seeing the men kissing, Altman said.

Altman provided text messages that he said Ravi sent Clementi on Sept. 22 - about the time the 18-year-old violinist from Ridgewood was on the suspension bridge crossing the Hudson River.

"I turned on my camera and saw you in the corner of the screen and I immediately closed it. I felt uncomfortable and guilty of what happened," the message said. "Obviously I told people what occurred so they could give me advice. Then Tuesday when you requested the room again I wanted to make sure what happened Sunday wouldn't happen again ... I turned my camera away and put my computer to sleep so even if anyone tried it wouldn't work. I wanted to make amends for Sunday night. I'm sorry if you heard something distorted and disturbing but I assure you all my actions were good natured."

Another said, in part: "I've known you were gay and I have no problem with it."

Altman argued in the brief that prosecutors did not present evidence that Ravi would have broken the law by using a webcam to monitor what was happening in the dorm room he shared with Clementi, that he actually viewed any sexual images from his webcam, that he copied or distributed them, or that he deleted Twitter posts about what was on the webcam to hide evidence from investigators.



Lawyer: 'Jeopardy!' burglary suspect a prostitute
Legal Career News | 2011/08/12 17:16
The lawyer for a San Francisco woman charged with breaking into the hotel room of "Jeopardy!" host Alex Trebek says his client is a prostitute, not a thief.

The San Francisco Examiner reports that attorney Mark Jacobs says his client, 56-year-old Lucinda Moyers, is a prostitute and was in a downtown San Francisco hotel to meet a john on July 26.

Prosecutors say Moyers stole $650, a bracelet and other items from a hotel room where Trebek was staying with his wife. The cash and bracelet were not recovered.

Moyers has pleaded not guilty to felony charges of burglary and possession of stolen property.

Trebek says he chased Moyers out of his room and tore his Achilles tendon. Jacobs says Moyers was not in Trebek's room.


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