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Fieger blasts Detroit police accounts of girl's death
Lawyer Blog News | 2010/05/18 12:04

Prominent Southfield attorney Geoffrey Fieger called "absurd" any suggestion the shot fired by police officer during a raid that killed a 7-year-old girl Sunday morning was the result of an altercation between the cop and the girl's grandmother.

Fieger said today at an hour-long press conference he has filed lawsuits on behalf of the family of slain Aiyana Jones in both federal and state courts. The federal lawsuit argues the police violated the girl's constitutional rights and it seeks an award of more than $75,000. The state suit contains four counts and seeks damages in excess of $25,000.

Fieger said a three-minute video taken of the raid shows the gunshot fired came from the porch of the two-story duplex on the 4000 block of Lillibridge shortly after a "flash-bang" grenade was thrown into the home, contradicting police accounts.



US Supreme Court upholds Briton's custody right
Legal World News | 2010/05/18 12:03

The Supreme Court says an American mother illegally moved her son from Chile to the United States during a custody dispute with the boy's British father.

The high court on Monday said an international child custody treaty demands that the child goes back to the South American country.

The parents separated in Chile, and the courts there had granted the father visitation rights. But the mother fled with the boy to Texas and filed for divorce. She asked the court there to change the father's visitation rights. The father asked that the boy be returned to Chile.

The justices say the mother can argue in the lower courts that her safety may be at risk in Chile. That is an exception that can overrule the requirement that the child be returned to Chile.



'Clark Rockefeller' appealing Mass. sentence
Legal Career News | 2010/05/18 11:02

A German man who called himself Clark Rockefeller and who spun fantastic stories about his past is appealing his sentence for kidnapping his 7-year-old daughter in Boston.

Christian Karl Gerhartsreiter is expected to appear before a tribunal in Suffolk Superior Court on Wednesday.

Gerhartsreiter was sentenced to four to five years in prison last year for kidnapping his daughter in 2008. They were found in Baltimore and the girl was unhurt.

Defense lawyers argued Gerhartsreiter was legally insane.

Gerhartsreiter used multiple aliases to move in wealthy circles in Boston, New York and Los Angeles after coming to the U.S. in the 1970s. At times, he claimed to be a physicist, an art collector, a ship captain and a financial adviser.



High court rules out life sentences for juveniles
Lawyer Blog News | 2010/05/17 15:31

The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone.

By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.

The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.

"The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law," Justice Anthony Kennedy wrote in his majority opinion. "This the Eighth Amendment does not permit."

Chief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a "no" vote on the ruling.

Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences.

Those inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.



Supreme Court rejects appeal of "must-carry" rule
Court Feed News | 2010/05/17 13:31

The Supreme Court has declined to take up a challenge from cable television operators to the 18-year-old requirement that they carry local broadcast stations on their systems.

The justices rejected an appeal Monday from Cablevision Systems Corp. The court upheld a federal "must carry" law, enacted in 1992 when cable TV systems faced much less competition than they do today.

Cablevision, the nation's fifth-largest cable TV operator, sued the Federal Communications Commission over its ruling that forced Cablevision to carry the signal of a distant home-shopping station on its Long Island cable systems. The federal appeals court in New York upheld the FCC's determination.

Cablevision said in court papers that "the monopolistic nature of the cable industry...has been replaced by vibrant competition."

The Obama administration urged the court to stay out of the case. It noted that being carried on cable systems "remains critical to broadcast stations' financial viability generally."



Spanish judge who indicted bin Laden suspended
Legal World News | 2010/05/17 09:32

The Spanish judge who became an international hero by going after Augusto Pinochet and Osama bin Laden was suspended Friday for allegedly abusing his authority by investigating what is arguably Spain's own biggest unresolved case: atrocities committed during and after its ruinous Civil War.

The punishment could effectively end Judge Baltasar Garzon's career.

The unanimous decision by a judicial oversight board, the General Council of the Judiciary, was made during an emergency meeting about Garzon, said its spokeswoman, Gabriela Bravo.

Supporters chanted, cheered and clapped later as Garzon emerged from the nearby National Court, where he works. He hugged co-workers and appeared to be holding back tears before getting into a bulletproof limousine and riding away.

Garzon, 54, famous worldwide for his cross-border justice cases, has been removed from his post pending his trial on charges of knowingly going beyond the limits of his jurisdiction in 2008 by investigating the execution or disappearance of more than 100,000 civilians at the hands of supporters of Gen. Francisco Franco during the 1936-39 Spanish Civil War or in the early years of the Franco dictatorship.



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