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Burglar pleads guilty in NYC cop-shoots-cop case
Lawyer Blog News | 2009/09/18 11:52

A man has pleaded guilty to breaking into the car of an off-duty New York City police officer who was then killed in a friendly fire shooting.

Miguel Goitia pleaded guilty Wednesday to criminal mischief. He will serve 1 1/2 to 3 years in prison.

Officer Omar Edwards was killed May 28 by Officer Andrew Dunton, who spotted the 25-year-old officer chasing the thief with his gun drawn.

Dunton apparently mistook the off-duty officer for an armed suspect and shot him.

The shooting raised questions about racial profiling. Edwards was black and Dunton is white.

Last month, a grand jury voted not to indict Dunton in the shooting.



No retrial for condemned man after judge-DA affair
Lawyer Blog News | 2009/09/17 11:22
A Texas death row inmate won't be able to argue for a new trial, despite admissions of an affair between his trial judge and the prosecutor, a court announced Wednesday.

The Texas Court of Criminal Appeals ruled 6-3 that convicted murderer Charles Dean Hood should have raised concerns about the affair between the now retired court officials in earlier appeals. The ruling overturned a lower court's recommendation that Hood be able to make his case for a new trial based on the affair.

"Our argument is that they had this information and should have raised it in the earlier writ," said current prosecutor John Rolater, the chief of Collin County's appellate division. "We consider this a significant success for the state."

Hood's attorneys said in a statement that the affair led to a tainted trial and "obvious and outrageous violations" of Hood's constitutional rights. The ruling will "only add to the perception that justice is skewed in Texas," said Andrea Keilen, of the Texas Defender Service.

The rejection from the state's highest criminal appeals court means a future appeal on the same grounds must go to the U.S. Supreme Court.



2 men plead guilty in teen prostitution ring
Lawyer Blog News | 2009/09/16 15:29

Two men pleaded guilty Tuesday to participating in a ring that forced teenage girls to work as prostitutes in a half dozen states - Florida, Massachusetts, Maine, New Jersey, New York and Pennsylvania.

Shaun Leoney, 28, of Boston, and Aaron Brooks, 25, of Quincy, were among six men who were indicted in 2007 for participating in a Boston-based prostitution ring that operated from 2001 to 2005.

Leoney and Brooks originally were charged with conspiracy and transportation for prostitution. Leoney also was charged with sex trafficking of children.

Both men pleaded guilty Tuesday to a single count of conspiracy. Brooks reached a plea deal with prosecutors, who will recommend a sentence of four years. Leoney faces a maximum of five years in prison.

Sentencing for both men was scheduled for Dec. 15.

As part of their guilty pleas, Leoney and Brooks admitted they drove a teenager to Orlando, Fla., during Memorial Day weekend in 2005 for prostitution activity sponsored by Hoodlum Entertainment, a company owned by two convicted sex traffickers.

Brooks faced a maximum of 15 years if he had gone to trial on the original charges, said his attorney, Raymond O'Hara.

"He just wants to put this behind him," O'Hara said.

Leoney's lawyer, James Dilday, said Leoney faced a maximum of 40 years if he had been convicted of the original charges.



War crimes court convicts journalist of contempt
Lawyer Blog News | 2009/09/15 15:55

The U.N. Yugoslav war crimes tribunal on Monday found a former prosecution spokeswoman guilty of contempt for revealing confidential court decisions made by judges during the trial of Serbia's ex-President Slobodan Milosevic.

The court fined French national Florence Hartmann euro7,000 ($10,200) for disclosures she made in her 2007 book "Peace and Punishment," which she published after leaving her job, and again in a later magazine article.

She revealed that the court had decided in secret not to disclose Serbian military documents that could have linked the government in Belgrade to atrocities such as the Srebrenica massacre committed by Bosnian Serb forces.

The original documents — minutes of Serbia's Supreme Defense Council — are still not public. Serbia had given them to the court for Milosevic's case on the condition they be kept secret.

Some analysts believe the documents might have helped Bosnia in its failed attempts to sue Serbia for genocide. Observers of the war crimes court say it must show it is willing to enforce confidentiality agreements, otherwise states will never lend potentially sensitive documents in future cases.

Reading a summary of the ruling, Judge Bakone Moloto said Monday Hartmann had "knowingly and willfully interfered with administration of justice" by revealing the decisions.

He said that as a former spokeswoman, Hartmann was "well aware of what the confidentiality of a decision entailed."

Hartmann's lawyers had argued that the information was already common knowledge by the time she published it.



High court won't extend Calif. prison deadline
Lawyer Blog News | 2009/09/14 11:36

The Supreme Court on Friday turned down California's request to delay a federal court order related to state prison overcrowding.

The justices refused to extend a deadline beyond Sept. 18 for telling a special three-judge panel how California will reduce its inmate population by 40,000, roughly a quarter, over two years.

The judges called for the reduction so the state can improve medical and mental health care for inmates in its 33 adult prisons. The federal courts have found the care so poor that it violates inmates' constitutional rights.

While rejecting the state's plea for a delay, the court noted that the three-judge panel has agreed not to put a final order into effect until after the justices have had a chance to review its decree.

The special three-judge panel had rejected California's request for a delay earlier this month, sending the matter to the high court.

In addition to its failed request for a delay, the Schwarzenegger administration is appealing to the Supreme Court the panel's inmate-release order. It has been joined by Republican legislators and associations representing prosecutors, sheriffs, police chiefs and chief probation officers.

The administration argues that the federal courts are overreaching in their effort to direct the state's affairs and are violating a federal law that restricts judges' actions in inmates rights cases



Court: Employer must pay for weight-loss surgery
Lawyer Blog News | 2009/09/11 13:40

The Indiana Court of Appeals has ruled that a pizza shop must pay for weight-loss surgery for an obese employee to ensure the success of another operation for a back injury he suffered at work.

The decision is raising concern among businesses bracing for more such claims.

Boston's The Gourmet Pizza cook Adam Childers of Schererville weighed 340 pounds when he was injured by a freezer door. Doctors said he needed back surgery, but it wouldn't be successful unless he had weight-loss surgery first.

Boston's argued it shouldn't have to pay because Childers' weight was a pre-existing condition.

But a workers' compensation board and the court said the company had to pay because his weight and the accident created a single injury.



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