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Court blocks FAA auction of airport slots
Lawyer Blog News | 2008/12/08 19:50
A federal appeals court in Washington has blocked the Bush administration's plan to auction some landing slots at three New York City-area airports.

In an order issued late Monday, the U.S. Court of Appeals for the District of Columbia Circuit says the slot auction cannot be held until a federal court rules on objections from New York airport officials and airlines.

Transportation Secretary Mary Peters called for the auction as a way to reduce air traffic at John F. Kennedy, LaGuardia and Newark airports. Peters' decision to auction slots followed widespread complaints last year about lengthy flight delays.

Airlines and the Port Authority of New York and New Jersey filed suit saying the proposal would add new costs and make a mess of day-to-day airport operations.



Calif. trio charged with torturing, abusing teen
Lawyer Blog News | 2008/12/05 19:26
A couple accused of beating and torturing a teenager, who authorities say was sometimes kept shackled inside their home, appeared in shackles themselves to face more than a dozen kidnapping and child abuse charges.

It was Michael Schumacher and Kelly Layne Lau's first court appearance since their arrest following the boy's escape in nothing more than boxer shorts and a chain around his ankle. The teen was in search of help after allegedly spending more than a year in captivity.

The boy's one-time guardian, Caren Ramirez, also was charged with similar allegations Thursday. She remained under psychiatric evaluation awaiting her court appearance, expected as early as Monday.

Schumacher and Lau were charged with 13 felony counts, and Ramirez, whom the boy called an aunt, was charged with 10 counts. Among the charges are corporal injury to a child, child abuse and aggravated mayhem, which the San Joaquin County District Attorney's office said could yield life sentences.

Superior Court Judge Franklin Stephenson ordered Schumacher and Lau to be held in lieu of $2.2 million bail. They did not enter pleas.

The abuse at the couple's home in Tracy, about 60 miles east of San Francisco, started in July 2007, prosecutors said. The boy escaped from the home on Monday and fled to a nearby fitness center. He appeared emaciated and was covered in soot.



NYC court: Big city guns can equal stiff sentence
Lawyer Blog News | 2008/12/05 19:25
Federal judges can give harsher penalties to people who help bring illegal guns to big cities, a federal appeals court decided Thursday.

The 2nd U.S. Circuit Court of Appeals approved the practice in its ruling for the case of an illegal gun dealer who got two years in prison, which was six months more than federal sentencing guidelines recommended.

When he imposed the sentence in 2004, U.S. District Judge Charles P. Sifton in Brooklyn said there was a "crying need" to deter gun trafficking into large metropolitan areas.

A three-judge appeals panel initially had overturned Sifton's ruling. The judges then reheard the case and ruled in Sifton's favor Thursday.

The panel said Sifton's ruling was justifiable given the high payoff available to gun smugglers who target big cities.

"Where the profits to be made from violating a law are higher, the penalty needs to be correspondingly higher to achieve the same amount of deterrence," the majority opinion said.

Gerard Cavera, the convicted gun dealer in the case, was an Army veteran with residences in New York and Deerfield Beach, Fla. The appeals court said evidence in the case indicated that he likely knew 16 firearms he sold in Florida for $11,500 were destined for New York City.

Cavera's lawyer, Jeffrey Rabin, said he was "somewhat disappointed" and was considering an appeal. He argued the case would contribute to a return to the disparate sentencing that occurred before the creation of sentencing guidelines.



High court to hear enemy combatant case
Lawyer Blog News | 2008/12/05 19:24
The Supreme Court agreed Friday to decide whether the president may order that people picked up in the United States be detained indefinitely and without criminal charges.

The court is undertaking a fresh review of the Bush administration's aggressive use of preventive detention for suspected terrorists. The administration asserts that the president has the authority to order the military to detain anyone suspected of being an al-Qaida member.

The administration's policy is being challenged by Ali al-Marri, a Qatar native who was seized in the United States and is the only enemy combatant currently being held on U.S. soil. The government says al-Marri is an al-Qaida sleeper agent.

Al-Marri, represented by the American Civil Liberties Union, says he cannot be imprisoned without charge or trial. He was arrested in Peoria, Ill.

Al-Marri has been held in virtual isolation in a Navy brig near Charleston, S.C., for nearly 5 1/2 years.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., said in a split decision that the president has such power, but that al-Marri must be given the chance to persuade a federal judge that he is not an enemy combatant.

The administration argued that al-Marri's case should first go to federal district court in South Carolina, instead of to the Supreme Court.

Al-Marri said that the case was of such constitutional importance that it should be heard by the high court now — and the justices apparently agreed.



Smoker's widow seeks $79.5M award at high court
Lawyer Blog News | 2008/12/03 09:22
A cigarette maker and a smoker's widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon's high court.

Twice before, the Supreme Court has struck down the judgment against Altria Group Inc.'s Philip Morris USA and ordered the Oregon court to take another look at the case. Each time, the Oregon high court has upheld the award to Mayola Williams, the widow of a longtime smoker of Philip Morris' Marlboro brand.

In its latest appeal, Philip Morris contended the Oregon judges were essentially thumbing their noses at the Supreme Court. "We're here today because the Oregon court failed to follow this court's decision," Philip Morris' lawyer, Stephen Shapiro, told the justices.

Justice Stephen Breyer, who sided with Philip Morris in its last round, was more skeptical of the cigarette maker's arguments Wednesday.

At first, Breyer said, "I thought this was a runaround. I'm not sure I think that now."

At the same time, however, the justices worried that state courts could ignore Supreme Court rulings on constitutional issues.

"How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?" Justice David Souter asked.

Robert Peck, Williams' lawyer, tried to allay the concern. "There was no sandbagging here," Peck said. "The Oregon Supreme Court did not act in bad faith."



Junk-bond king among those seeking Bush pardon
Lawyer Blog News | 2008/11/29 17:18
Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.

Junk-bond king Michael Milken, media mogul Conrad Black and American-born Taliban soldier John Walker Lindh have applied to the Justice Department seeking official forgiveness.

But with Bush's term ending Jan. 20, some lawyers are lobbying the White House directly to pardon their clients. That raises the possibility that the president could excuse scores of people, including some who have not been charged, to protect them from future accusations, such as former Attorney General Alberto Gonzales or star baseball pitcher Roger Clemens.

Those who have worked with Bush predict that will not happen. The White House has declined to comment on upcoming pardons.

"I would expect the president's conservative approach to executive pardons to continue through the remainder of his term," said Helgi C. Walker, a former Bush associate White House counsel.



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