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Alabama Supreme Court stays execution
Court Feed News | 2008/08/01 08:30
The Alabama Supreme Court postponed executing a man after an inmate claimed in an sworn statement to defense attorneys that he committed the murder that sent the condemned man to death row.

The justices in a 5-4 vote late Wednesday stopped the execution by injection of Thomas Arthur "pending further orders of this Court." Arthur, 66, was scheduled to die Thursday, more than 26 years after he was convicted of killing Troy Wicker Jr. of Muscle Shoals.

It was the third time Arthur received a stay on the eve of his execution.

"My reaction is we finally look forward to the opportunity to examine fully Mr. Arthur's claim of innocence by assessing witness testimony and DNA evidence," said defense attorney Suhana S. Han. "That is the right result."

State Attorney General Troy King called the stay a serious setback for the prosecution.

"The crimes against Troy Wicker's family continue to compound," he said. "There is a good chance he is going to escape his sentence before all is said and done."

Han said Arthur "was absolutely ecstatic."

"Having to face execution is something that most of us can never really imagine," she said.

Arthur's attorneys sought a stay from the governor and the courts by using Monday's sworn statement by Bobby Ray Gilbert, who claimed he killed Wicker. Gilbert is serving a life sentence for a different murder.

But Wicker's widow, who served 10 years of a life sentence for hiring the killer, told attorney general investigators that she never met Gilbert.

"I hired and paid money to Thomas Arthur, not Bobby Gilbert, to kill Troy Wicker," Judy Wicker said in a statement Monday.

Han said a hearing was needed to assess the credibility of Gilbert and Wicker.



US judge: White House aides can be subpoenaed
U.S. Legal News | 2008/07/31 17:34
President Bush's top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches.

Congressional Democrats called the ruling a ringing endorsement of the principle that nobody is above the law. They swiftly announced that the Bush officials who have defied their subpoenas, including Bush's former top adviser Karl Rove, must appear as part of a probe of whether the White House directed the firings of nine federal prosecutors. Democrats announced plans to open hearings at the height of election season. The Bush administration was expected to appeal.

In his ruling, U.S. District Judge John Bates said there's no legal basis for Bush's argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.



Alabama Supreme Court stays execution
Lawyer Blog News | 2008/07/31 17:31
The Alabama Supreme Court postponed executing a man after an inmate claimed in an sworn statement to defense attorneys that he committed the murder that sent the condemned man to death row.

The justices in a 5-4 vote late Wednesday stopped the execution by injection of Thomas Arthur "pending further orders of this Court." Arthur, 66, was scheduled to die Thursday, more than 26 years after he was convicted of killing Troy Wicker Jr. of Muscle Shoals.

It was the third time Arthur received a stay on the eve of his execution.

"My reaction is we finally look forward to the opportunity to examine fully Mr. Arthur's claim of innocence by assessing witness testimony and DNA evidence," said defense attorney Suhana S. Han. "That is the right result."

State Attorney General Troy King called the stay a serious setback for the prosecution.

"The crimes against Troy Wicker's family continue to compound," he said. "There is a good chance he is going to escape his sentence before all is said and done."

Han said Arthur "was absolutely ecstatic."

"Having to face execution is something that most of us can never really imagine," she said.

Arthur's attorneys sought a stay from the governor and the courts by using Monday's sworn statement by Bobby Ray Gilbert, who claimed he killed Wicker. Gilbert is serving a life sentence for a different murder.

But Wicker's widow, who served 10 years of a life sentence for hiring the killer, told attorney general investigators that she never met Gilbert.

"I hired and paid money to Thomas Arthur, not Bobby Gilbert, to kill Troy Wicker," Judy Wicker said in a statement Monday.

Han said a hearing was needed to assess the credibility of Gilbert and Wicker.



S. Korea to end ban on revealing sex of babies
Legal World News | 2008/07/31 15:32
South Korea's Constitutional Court overturned a ban on doctors telling parents the gender of unborn babies, saying Thursday the country has grown out of a preference for sons and that the restriction violates parents' right to know.

South Korea introduced the ban in 1987 to try to prevent abortions of female fetuses in a country that had traditionally favored sons in the widespread Confucian belief that males carry on family lines. Abortion has also been illegal but practiced widely.

On Thursday, the Constitutional Court said it was too restrictive to ban doctors from telling parents the gender of the unborn for the entire pregnancy because there was little chance of aborting fetuses older than six months due to risks for mothers.



Court overturns convictions of NYSE specialists
Lawyer Blog News | 2008/07/31 14:32
A federal appeals court dealt what was likely to be the final blow to the ill-fated prosecution of 15 New York Stock Exchange specialists Wednesday by overturning the securities fraud convictions of two of the floor supervisors.

The 2nd U.S. Circuit Court of Appeals threw out the convictions of Michael Hayward and Michael Stern, who were convicted in July 2006 and sentenced to six months in prison.

Hayward, 57, and Stern, 55, who had worked for Van der Moolen Specialists USA LLC, were the only specialists still facing prison time after convictions at trial. They had been accused of stealing $1 million apiece by skimming small amounts of money from stocks they oversaw.

The ruling all but ended a prosecution in which the government accused the powerful floor supervisors of using their inside positions to earn an estimated $20 million illegally for themselves and their firms.

Specialists play the crucial role of matching buyers and sellers in individual stocks, though their numbers have declined as computers have taken a larger role in the trading of securities.

Prosecutors targeted the specialists after concluding that they sometimes pocketed pennies for themselves or their firms from each trade by purchasing a stock and quickly flipping it for a slightly higher price.

Defense lawyers had argued that it would be absurd for highly paid specialists — many of them have seven-figure incomes — to try to make minuscule amounts of money each day in such a way. Instead, they said, prosecutors were highlighting innocent mistakes made on fewer than 1 percent of trades each specialist handled.



Court: No bond drop for missing Fla. girl's mom
Court Feed News | 2008/07/31 14:31
A Florida appeals court has denied a bond reduction request from the mother of a missing 2-year-old Orlando girl.

Casey Anthony is being held on $500,000 bail on charges of child neglect, making false statements and obstructing an investigation. Police say the 22-year-old mother lied to them and didn't report daughter Caylee missing for more than a month.

Casey Anthony hasn't been charged with her daughter's disappearance, but prosecutors call her a person of interest in what is beginning to look like a homicide investigation.

A lower court set the high bond. The 5th District Court of Appeal on Wednesday denied Anthony's request to order it lowered to $10,000. A spokeswoman says attorney Jose Baez plans to appeal to the Florida Supreme Court.



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