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Man who bought Ohio St memorabilia is charged
Lawyer Blog News | 2011/05/27 09:45
A tattoo parlor owner who bought Ohio State football memorabilia was charged Friday in federal court with drug trafficking and money laundering, though his attorney said there's no connection with the scandal unfolding over the sale of the items.

Edward Rife will plead guilty to the charges and cooperate with authorities, documents filed in U.S. District Court indicated. The charges and Rife's plea agreement don't mention the sale of the memorabilia.

Rife, 31, will plead guilty to one count of conspiracy to distribute and possess with intent to distribute more than 200 pounds of marijuana, and one count of money laundering, the documents showed. He could face a prison sentence of 20 years although would likely receive much less under federal sentencing rules.

The money laundering charge alleges Rife paid $21,500 for a 2005 Nissan Infinity QX56 with money earned through the alleged drug transactions, according to the documents filed Friday.

Five players, including star quarterback Terrelle Pryor, have been suspended for the first five games this fall for accepting improper benefits from Rife totaling between $12,000 and $15,000.

Coach Jim Tressel is also suspended and is still being investigated for knowing of his players' involvement with Rife and not reporting it to the NCAA or his superiors for more than nine months.

Rife's lawyer said Friday his client is taking responsibility for past mistakes.


Goodwin Liu withdraws judicial nomination
Legal Career News | 2011/05/26 15:48
Appeals court judicial nominee Goodwin Liu says that although several Western states have a "desperate need for judges," he's dropping the fight.

Liu tells President Barack Obama he is withdrawing his nomination after Senate Republicans blocked a vote on his confirmation last week.

Liu is a liberal, 40-year-old Berkeley law professor who Obama nominated to the San Francisco-based 9th U.S. Circuit Court of Appeals last year.

In a letter to Obama Wednesday, Liu said there is little prospect of a Senate vote on his nomination. He said the 9th Circuit, including California and several other Western states, has a "desperate need for judges." The Associated Press obtained a copy of the letter.

His nomination cheered liberal interest groups, but aroused strong opposition from Republicans who objected to his record and opposition to Republican Supreme Court nominees.


CAS postpones appeals hearing in Contador case
Court Feed News | 2011/05/26 15:46

The Court of Arbitration for Sport postponed its hearing in Alberto Contador's doping case on Thursday, meaning the cyclist could compete in the Tour de France before the court issues a ruling.

The CAS postponed the June 6-8 hearing, and the case could drag on beyond the start of this year's Tour.

CAS said it agreed to put off the hearing to give "all parties concerned reasonable time to prepare for such hearing and to guarantee the participation in person of witnesses and experts."

CAS said new hearing dates will be set as soon as possible.

"We are not ready yet with replacement dates," the court said in a statement.

CAS did not specify who sought the postponement.

The court is scheduled to hear appeals filed by the International Cycling Union and World Anti-Doping Agency. They are challenging the Spanish cycling federation's decision to clear the three-time Tour de France champion after he blamed his positive test for clenbuterol at last year's race on eating contaminated beef.

CAS had previously said it aimed to issue a verdict by the end of June, which would allow Contador to defend his Tour title if exonerated. The Tour runs from July 2-24.



Court: Pre-trial motions don't count in deadline
Lawyer Blog News | 2011/05/26 15:46

The Supreme Court says the time used to deal with pretrial motions cannot be used to automatically extend the required deadline for a suspect's speedy trial.

The high court on Thursday refused to grant the government's request to reinstate Jason Louis Tinklenberg's conviction of gun possession by a felon and possession of material used to manufacture methamphetamine.

The Speedy Trial Act says a defendant's trial should begin within 70 days of his indictment or his initial appearance before a judicial officer.

The high court ruled that the time used to dispense with pretrial motions cannot be counted toward the Speedy Trial deadline, upholding the 6th U.S. Circuit Court of Appeals decision to throw out Tinklenberg's conviction.

The appeals court had said that pretrial motions count as an exception when they cause actual delays. But "the filing of a pretrial motion falls within this provision irrespective of whether it actually causes, or is expected to cause, delay in starting a trial," Justice Stephen Breyer wrote the opinion for the court.

He was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Samuel Alito and Sonia Sotomayor. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas joined the decision only in part.



M'sian transsexual asks court to say she is woman
Legal World News | 2011/05/26 09:47

A 25-year-old Malaysian transsexual wants a court to affirm she is a woman following sex-change surgery so she can change her name and gender on her identification documents, her lawyer said Thursday.

Sex-change surgery is legal in mainly Muslim Malaysia, but transsexuals often cannot legally change their gender status.

Lawyer Horley Isaacs said Ashraf Hafiz Abdul Aziz underwent a complete sex-change operation in Thailand in 2008 but that the National Registration Department refused to update her gender and name on her identity card.

"Since young, she has felt like a woman trapped in a man's body," Isaacs told The Associated Press. "Doctors who evaluated her after her operation found her to be a woman in her physical and psychological buildup. We want the court to declare she is a woman and that she be given a change of name and gender."

Ashraf, the third of five children, has the support of her parents to change her name to Aleesha Farhana Abdul Aziz, Isaacs said, adding that the High Court will rule on her case July 18.

Activists have estimated there are at least 50,000 transsexuals in Malaysia, many of whom face widespread prejudice and often cannot find employment.



Documents: Former cop to plead guilty to ID theft
Court Feed News | 2011/05/25 15:39

A former Anchorage police officer accused of being an illegal immigrant living under a stolen identity plans to plead guilty to federal charges, according to court documents.

Mexico-born Rafael Mora-Lopez, who lived for more than two decades in Alaska as Rafael Espinoza, said in court papers he will plead guilty to charges of passport fraud and false claim of U.S. citizenship.

The documents filed Thursday say the real Rafael Espinoza is a legal U.S. citizen. Authorities say he also holds citizenship in another unspecified country.

Mora-Lopez, 47, worked as a well-regarded police officer for six years until his arrest in April. He initially pleaded not guilty to passport fraud and has been out on bail under home confinement and electronic monitoring.

He has declined to comment. His attorney, Allen Dayan, did not immediately respond Monday to a telephone call seeking comment.

The court papers say Mora-Lopez's wife, Margarita Cynthia Espinoza, had been a neighbor of the real Espinoza in Guadalajara, Mexico, in the 1980s. But it's not clear how the identity was obtained, Assistant U.S. Attorney Frank Russo said.

Mora-Lopez used Espinoza's name, Social Security number and date of birth to apply for an Alaska driver's license in June 1989, presenting a birth certificate and Social Security card as evidence of his identity, the court papers say.



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