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Warden: Jail can't accommodate slaying suspect, 11
Lawyer Blog News | 2009/02/22 16:39
A jail warden said Sunday he will ask a judge to move an 11-year-old boy accused of killing his father's pregnant girlfriend from an adult lockup to a juvenile detention center because the jail cannot accommodate the boy.


Lawrence County Warden Charles Adamo said his 300-inmate jail cannot offer proper long-term care for Jordan Brown, of Wampum, who was charged Saturday with using his own 20-gauge shotgun to kill 26-year-old Kenzie Marie Houk.

Houk was eight months pregnant with the child of Brown's father and also had two daughters, ages 4 and 7, who lived together in the rural home where authorities said she was slain as she lay in bed Friday.

Police said the boy then hopped onto a school bus with Houk's oldest daughter. State troopers picked him up at school after tree trimmers called 911 when Houk's youngest daughter told them she thought her mother was dead.



Judge charged with blocking execution appeal
Lawyer Blog News | 2009/02/20 16:21
A judge on Texas' highest criminal court, accused of blocking appeals for an inmate the night of his execution, is now facing formal bad-conduct charges that could result in her removal from office.


The Texas Commission on Judicial Conduct charged Sharon Keller, the presiding judge of the Court of Criminal Appeals, with "willful or persistent conduct that casts public discredit on the judiciary."

Keller refused to keep the court offices open after 5 p.m. on Sept. 25, 2007, when attorneys for Michael Richard asked for a 20-minute extension because computer problems were delaying their efforts to file late appeals of his death sentence.

Richard was executed that night by lethal injection for the rape and murder of a Houston-area woman. Earlier that day, the U.S. Supreme Court had agreed to review the constitutionality of lethal injection in a Kentucky case.

"Judge Keller absolutely and totally denies these accusations," her attorney, Chip Babcock, told The Associated Press.

Keller has 15 days to formally respond to the charges in the start of a process that could take a year and a half or longer. The charges do not prevent her from continuing to preside over cases, Babcock said.

Babcock said Richard's attorneys should have known to contact another judge in charge of the case that night.



Appeals court revives Katrina insurance case
Lawyer Blog News | 2009/02/20 16:20
A judge incorrectly dismissed several insurance companies from a lawsuit accusing insurers of overbilling the federal government for Hurricane Katrina's flood damage in Louisiana, a federal appeals court has ruled.


Wednesday's ruling by the 5th Circuit Court of Appeals in New Orleans only revives part of the case that lawyers for a group of purported "whistleblowers" filed against eight insurers and six adjusting firms after the August 2005 storm.

A three-judge panel from the appeals court upheld a lower court's ruling that Allstate Insurance Co. and State Farm Fire and Casualty Co. must be dismissed from the Louisiana lawsuit because they already were defendants in a similar suit in Mississippi.

However, the 5th Circuit said U.S. District Judge Peter Beer erred in dismissing the other insurers and adjusting firms that aren't named in the Mississippi case.

Other defendants in the Louisiana case include Liberty Mutual Fire Insurance Co., Fidelity National Insurance Co., American National Property & Casualty Co., American Reliable Insurance Co., and Standard Fire Insurance Co.



Court bars release of 17 Uighurs detainees into US
Lawyer Blog News | 2009/02/20 09:14
A federal appeals court on Wednesday ruled that 17 Turkic Muslims cleared for release from Guantanamo Bay must stay at the prison camp, raising the stakes for an Obama administration that has pledged to quickly close the facility and free those who have not been charged.


In a showdown over presidential power, the U.S. Court of Appeals for the D.C. Circuit said a judge went too far last October in ordering the U.S. entry of the 17 men, known as Uighurs (WEE'-gurz), over the objections of the Bush administration.

The three-judge panel suggested the detainees might be able to seek entry by applying to the Homeland Security Department, which administers U.S. immigration laws. But the court bluntly concluded the detainees otherwise had no constitutional right to immediate freedom after being held in custody at the facility at Guantanamo Bay, Cuba, without charges for nearly seven years.

"Such sentiments, however high-minded, do not represent a legal basis for upsetting settled law and overriding the prerogatives of the political branches," wrote Judge A. Raymond Randolph, an appointee of President George H.W. Bush.



Appeals court upholds NYC's calories-on-menus rule
Lawyer Blog News | 2009/02/18 16:35
A federal appeals court has upheld New York City's regulation requiring some chain restaurants to post calories on menus and menu boards.


A 2nd U.S. Circuit Court of Appeals panel on Tuesday rejected an appeal filed by a New York trade group representing 7,000 restaurants. It said the rule the city began enforcing last July is a reasonable attempt to curb obesity.

The panel rejected the New York State Restaurant Association's arguments that federal law gives restaurants discretion on whether to present nutritional information.

The new rule applies to restaurants that are part of chains with at least 15 outlets across the country.

The city and restaurant association didn't immediately comment on the ruling.



Wis. Supreme Court tosses suit against Medtronic
Lawyer Blog News | 2009/02/17 16:19

The Wisconsin Supreme Court says patients cannot sue the makers of defective medical devices if they are approved for sale by federal regulators.

The court ruled against a man who had a defibrillator implanted and then removed after the manufacturer, Medtronic, Inc., warned its battery had a chance of failing.

The device had been approved for sale by the U.S. Food and Drug Administration and was never recalled.

Joseph Blunt, Sr. of St. Francis filed a lawsuit against the company alleging negligence and other claims after he had surgery to remove the device.


The court says the lawsuit is barred by a federal law and by a U.S. Supreme Court decision last year that threw out a similar case against Minneapolis-based Medtronic.



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