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Public defenders file new motion in Demjanjuk case
Court Feed News | 2011/07/22 16:41

Attorneys for John Demjanjuk want an American court in Cleveland to set aside the ruling that led to his deportation to Germany and his conviction on Nazi war crimes charges.

The request for a new hearing on the retired autoworker's denaturalization could bring the decades-old case back to the United States.

Demjanjuk's attorneys charge that the government failed to disclose important evidence, namely a 1985 secret FBI report uncovered by The Associated Press that indicates the FBI believed a Nazi ID card purportedly showing Demjanjuk served as a death camp guard was a Soviet-made fake.

"The government has kept these materials hidden from view," according to the motion filed Tuesday in U.S. District Court in Cleveland.

Demjanjuk, 91, was convicted in a German court on May 12 of 28,060 counts of accessory to murder, finding that he served as a guard at the Nazi's Sobibor death camp in occupied Poland. He was sentenced to five years in prison.

Ukrainian-born Demjanjuk was a Soviet Red Army soldier captured by the Germans in 1942. The Munich court found he agreed to serve the Nazis as a guard at Sobibor.

Demjanjuk denies serving as a guard at any camp and is currently free pending his appeal. He's been in poor health for years and has been in and out of a hospital since his conviction.

He currently cannot leave Germany because he has no passport, but he could get a U.S. passport if the denaturalization ruling is overturned.



US court rejects SEC rule on board nominees
Legal Career News | 2011/07/22 16:40

A federal appeals court has struck down a rule adopted last year by the Securities and Exchange Commission that gave shareholders more power to nominate board directors.

The U.S. Court of Appeals for the District of Columbia Circuit said the SEC was "arbitrary and capricious" in implementing the rule, which was widely supported by investor advocates. Judge Douglas Ginsburg said the SEC failed to estimate the cost to companies to campaign against investors' nominations.

The U.S. Chamber of Commerce and the Business Roundtable, a trade group of CEOs for the nation's largest companies, had challenged the rule, which was mandated under the financial overhaul passed by Congress last year.

A spokesman for the SEC said the agency is reviewing the decision and considering its options.

Supporters of the rule said it was necessary because risky corporate behavior, particularly on Wall Street, was a leading cause of the 2008 financial crisis. Getting candidates on the board would give investors a better shot at influencing company policy.

The rule would have allowed investors owning at least 3 percent of a company's stock to put their nominees for board seats on the annual proxy ballot sent to all shareholders. Before the Securities and Exchange Commission acted on the rule, investors had to appeal to shareholders at their own expense.



John Edwards' former mistress seeks contempt order
Headline News | 2011/07/22 13:41

The former mistress of John Edwards wants a North Carolina judge to issue a contempt order against a one-time Edwards campaign aide in a case involving a purported sex tape.

Lawyers for Rielle Hunter filed a motion Wednesday in Orange County Superior Court asking for a contempt-of-court finding against Andrew and Cheri Young and their lawyer.

Hunter's motion claims the Youngs have shared information with federal prosecutors in a separate criminal case involving Edwards. Her lawyers say that violates protective orders in the civil case.

Hunter is suing the Youngs for the return of various items, including a purported sex tape featuring Edwards, the former North Carolina senator and 2004 Democratic vice-presidential nominee.

Young has said he helped cover up Edwards' affair during his 2008 presidential bid and worked to keep Hunter in hiding.



Court allows taping of US execution, denies stay
Lawyer Blog News | 2011/07/21 16:44

Georgia's top court is allowing the videotaping of a death row inmate's execution in what would likely be the United States' first video-recorded execution in almost two decades.

The Georgia Supreme Court on Wednesday upheld a Fulton County judge's order that a recording of Andrew Grant DeYoung's execution could be made and then placed under seal. The justices voted 4-3 to deny DeYoung's bid to halt the 7 p.m. execution.

Death penalty experts say it would be the first known recording of an execution since 1992. In that California case, the state's method of execution using lethal gas was under challenge.

The request for the videotape was made by lawyers for another death row inmate challenging whether the use of the sedative pentobarbital causes needless suffering.



Lawmaker pleads not guilty to Conn. drug charge
Lawyer Blog News | 2011/07/21 12:45
A Rhode Island state lawmaker has pleaded not guilty to drug possession and driving under the influence in Connecticut.

Rep. Robert Watson, a Republican from East Greenwich, entered his pleas Thursday in New Haven Superior Court.

Watson lost his job as Rhode Island’s House minority leader after his arrest in April in East Haven.

Police say the 50-year-old Watson had marijuana and cocaine in his system when he was pulled over at a drunken driving checkpoint.

Watson later said he had the marijuana to treat pain from pancreatitis, but didn’t smoke that day. He denied being drunk and using cocaine.

On Thursday, he said he “unequivocally” denies using cocaine.


Court reverses conviction on online Obama threat
Lawyer Blog News | 2011/07/20 16:16
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.

Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.

Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.

A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.

Bagdasarian admitted posting the messages, but said he was drunk and joking.

He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.

But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.


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