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Judge plans to testify at death-row appeal trial
Court Feed News | 2009/08/18 17:26
A Texas judge who closed her court before a death row inmate could file an appeal plans to testify at the ethics trial where she faces charges that could end her career.

Judge Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals. She is on trial nearly two years after refusing to keep the court open in September 2007 with Michael Wayne Richard's (ruh-SHARD's) execution imminent and his lawyers scrambling to file an appeal.

Keller faces five counts of judicial misconduct. She sat quietly at the defense table as her special hearing got under way Monday. But she did stand to acknowledge that she planned to testify.

She could take the stand as early as Tuesday.



Appeals court takes up NFL suspensions case
Legal Career News | 2009/08/18 15:26
The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league's anti-doping policy.

Oral arguments will be made in St. Paul before a three-judge panel of the Eighth Circuit Court of Appeals. The NFL hopes for a quick ruling that would let it suspend the players for four games at the start of the season.

The players took the weight-loss supplement StarCaps, which contained an unlisted but banned diuretic that can mask the presence of steroids.

Their legal fight remains alive in a Minnesota state court. But the NFL is asking the federal appeals court to rule that the players' union contract and federal law trump state law in this case.



U.S. District Court Rules Against Lilly Regarding Gemzar Patent
Court Feed News | 2009/08/18 13:27
Eli Lilly and Company today announced that the U.S. District Court for the Eastern District of Michigan has granted a motion by Sun Pharmaceuticals for partial summary judgment. The Court's ruling invalidates Lilly's '826 patent, or method-of-use patent, for Gemzar((R)) (gemcitabine HCl for injection) which had been set to expire in 2013. The ruling has no bearing on Gemzar's compound patent, which remains valid until November 2010.


"We strongly disagree with the Court's ruling granting summary judgment in favor of the generic challenger," said Robert A. Armitage, senior vice president and general counsel for Lilly. "We continue to believe that our Gemzar method-of-use patent is valid and will be upheld by the courts. We intend to pursue an appeal of this decision with the Court of Appeals for the Federal Circuit. It is also important to note that today's court decision does not allow for the immediate entry of generic gemcitabine in the U.S. market. Gemzar's compound patent remains in force until November 2010."


Supreme Court says Georgia man should get hearing
Lawyer Blog News | 2009/08/17 17:10
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, whose supporters say is innocent and should be spared from execution for killing a police officer 20 years ago.

Davis has spent 18 years on death row for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail. Davis' attorneys insist that he is innocent and deserves a new trial because several witnesses at his trial have recanted their testimony.

The high court ordered a federal judge in Georgia to determine whether there is evidence "that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence."

Defense lawyers had appealed to the Supreme Court after a federal court denied a new trial request in April.

"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens.

MacPhail was slain 20 years ago while working off-duty as a security guard at a bus station. He had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men. Witnesses identified Davis as the shooter at his 1991 trial.



Texas judge ended day as death row appeal waited
Legal Career News | 2009/08/17 17:09
As lawyers frantically tried to file the last-minute appeal that could have halted the execution of a death row inmate, the Texas judge who oversaw the only court who could hear it was preparing to shut the doors for the day.

"We close at 5," Judge Sharon Keller told a court staffer Sept. 25, 2007.

The appeal was never heard, and four hours later, convicted killer Michael Wayne Richard was executed. Now it's Keller who will be before a judge, facing charges that could end her career in a special trial that begins Monday in San Antonio. Denying the rights of a condemned man is among five judicial misconduct charges that Keller, the presiding judge of the Texas Court of Criminal Appeals, is up against.

Nicknamed "Sharon Killer" among critics for a tough-on-crime reputation crafted over the years, Keller is the highest-ranking judge in Texas to be put on trial by the state Commission on Judicial Conduct. The judge overseeing the trial will submit a report to the commission, which could dismiss the charges, issue a censure or suggest Keller be removed from the bench.

Keller, a Republican who has served on the court since 1994, has not spoken publicly since being charged in February. Her attorney, Chip Babcock, said the widely repeated narrative of what happened the day Richard was executed isn't accurate.



Broncos' Marshall found not guilty in battery case
Lawyer Blog News | 2009/08/16 17:19
A jury in Atlanta found Denver Broncos wide receiver Brandon Marshall not guilty of misdemeanor battery against his former girlfriend, announcing its verdict Friday after about an hour of deliberations.

Marshall had faced two counts of simple battery stemming from a March 4, 2008, argument with then-girlfriend Rasheedah Watley at the Atlanta condominium the couple shared.

Marshall said after the verdict in Fulton County State Court that he had some butterflies in his stomach when deliberations began, but was confident in the work of his lawyers.

"I'm just happy now that legally and emotionally we can move past this," he said, adding that he appreciated the support of teammates and fans. He said he planned to celebrate Friday night by watching his teammates in an offseason game against the San Francisco 49ers.

His lawyer Harvey Steinberg expressed gratitude to NFL commissioner Roger Goodell for waiting for the verdict before deciding whether to take any league action. Marshall was suspended for last year's season opener after a series of domestic disputes, and Goodell had said a conviction in the Atlanta case could have led to a second suspension.

Before the verdict was announced, the judge cautioned that no outbursts would be tolerated and asked anyone who might not be able to comply to leave the courtroom. Watley, who was sitting with her family, got up and left. Her family was visibly disappointed at the verdict but declined comment.



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