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Ga. death row inmate in rare innocence hearing
Court Feed News | 2010/06/24 15:57

A federal judge heard new testimony Wednesday in the case of a Georgia death row inmate given a rare chance by the U.S. Supreme Court to prove his innocence nearly 20 years after a jury convicted him of killing a police officer.

Attorneys for Troy Anthony Davis say witnesses who identified him as the killer of Savannah police officer Mark MacPhail during Davis' 1991 trial were pressured by police into making false statements. New witnesses have since come forward to say another man confessed to the slaying after Davis was convicted.

In U.S. District Court on Wednesday, Davis' lawyers rested their case after calling nine witnesses to support that claim. The hearing will continue Thursday with prosecutors presenting rebuttal evidence.

Judge William T. Moore said he's highly skeptical of testimony that another man has admitted to shooting MacPhail, because Davis' attorneys did not subpoena the man they say is the real killer.



High court sides with ex-Enron CEO Skilling
Lawyer Blog News | 2010/06/24 15:56

The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.

The court said Thursday that the "honest services" law could not be used in convicting Skilling for his role in the collapse of Enron. But Justice Ruth Bader Ginsburg said in her majority opinion that the ruling does not necessarily require Skilling's conviction to be overturned.

During arguments in December and March, several justices seemed inclined to limit prosecutors' use of this law, which critics have said is vague and has been used to make a crime out of mistakes and minor transgressions in the business and political world.

The court, at the same time, rejected Skilling's claim that he did not get a fair trial in Houston because of harshly critical publicity that surrounded the case in Enron's hometown.

The court in this ruling also sided with former newspaper magnate Conrad Black, setting aside a federal appeals court decision that had upheld Black's honest services fraud conviction. But as in Skilling's case, the justices left the ultimate resolution of the case to the appeals court.

The justices also threw out an appeals court ruling against former Alaska legislator Bruce Weyhrauch, who is facing charges under the honest services law.

Thursday's ruling could affect the ongoing prosecution of former Illinois Gov. Rod Blagojevich and the convictions of former Alabama Gov. Don Siegelman and ex-HealthSouth CEO Richard Scrushy.



Legal deal for sick 9/11 workers back in NYC court
Headline News | 2010/06/23 16:58

Lawyers for thousands of Sept. 11 responders are back in a New York City court trying to rally support for a deal that would end a seven-year legal fight over the toxic fallout caused by the collapse of the World Trade Center.

U.S. District Judge Alvin Hellerstein earlier this month gave his preliminary approval to a deal that would resolve lawsuits filed by nearly 10,000 police officers, firefighters and construction workers suing the city over their exposure to toxic ash. He was scheduled to hear more testimony on the settlement Wednesday.

Opponents of the deal may be given a chance to speak against it, although the judge has indicated he favors it.

The settlement would pay between $625 million and $712.5 million, depending on how many people take it.



Utah Supreme Court: Online petition signatures OK
Legal Career News | 2010/06/23 16:56

The Utah Supreme Court says state election officials must accept online petition signatures that are turned in to get individuals on the ballot.

The justices announced the unanimous decision Tuesday as voters went to the polls for primary elections.

The issue was raised by an independent candidate for governor. Farley Anderson's paperwork included more than 150 e-signatures and was rejected by the lieutenant governor's office.

Utah law acknowledges that electronic signatures are valid substitutes for handwritten ones, but the state attorney general's office argued that e-signatures could not be counted because election law only contemplates a paper-based system.

Farley's attorney argued that the state denied Farley his constitutional right to ballot access.



Fellow law clerks endorse Kagan for court
U.S. Legal News | 2010/06/23 16:56
A broad group of former law clerks who worked with Elena Kagan at the Supreme Court some 20 years ago are calling her exceptionally well-qualified to be a justice. Twenty-nine people who were fellow clerks from 1987 to 1988, when Kagan worked for former Justice Thurgood Marshall, are writing to the Senate Judiciary Committee to endorse her.

They span the ideological spectrum, including former clerks to Justice Antonin Scalia, the court's conservative icon, and to one of its most liberal stalwarts, former Justice William Brennan.

Vice presidential chief of staff Ron Klain is one of the signers, as are conservative lawyers Miguel Estrada and Peter Keisler, two of former President George W. Bush's failed judicial nominees.



5 militia men must stay locked up awaiting trial
Criminal Law Updates | 2010/06/23 11:57

Five members of a Midwest militia charged with conspiring to rebel against the government and use weapons of mass destruction will remain in jail while awaiting trial, an appeals court said Tuesday, reversing a decision by a federal judge.

Each man is dangerous and "no conditions of release will reasonably assure the safety of the community," two judges on the three-judge panel said.

During a series of raids in late March, authorities arrested nine members of a southern Michigan group called Hutaree. The government claims they were scheming to kill a police officer, then attack law enforcement who attended the funeral, in the first steps toward a broader rebellion.

Over prosecutors' objections, U.S. District Judge Victoria Roberts had said they could await trial at home under strict conditions, including electronic monitors. The government later dropped its opposition to releasing four but took her decision on the other five to the 6th U.S. Circuit Court of Appeals.

Defense lawyers say the men legally possessed weapons and that any talk of killing people was simply stupid, hateful speech with no specific targets planned.



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