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Mexican citizen asks high court to block execution
Lawyer Blog News | 2008/08/01 15:23
Four months after losing his case at the Supreme Court, a Mexican citizen facing execution next week in Texas asked the justices Friday for a last-minute reprieve.

Jose Medellin, set to die Tuesday for his participation in the gang rape and beating deaths of two Houston girls, said that the high court should block his execution until Texas grants him a new hearing to comply with an international court ruling.

The state has so far refused, and the court ruled in March that neither President Bush nor the international court can force Texas' hand. But Medellin says Congress or the Texas legislature should be given a chance to pass a law ordering a new hearing before he can be executed.

Four Democratic lawmakers have introduced such a bill in Congress, but it probably will not be acted upon this year. The Texas legislature does not meet again until January.

Medellin is one of roughly 50 Mexicans on death rows around the nation who were denied prompt access to their country's consular officials after being arrested in the United States. The access is guaranteed by international treaty.



Judge removed from cases against 'Jena Six' teens
Lawyer Blog News | 2008/08/01 14:31
The judge overseeing the criminal cases for the remaining Jena Six defendants was removed against his will Friday for making questionable remarks about the teenagers.

Judge J.P. Mauffray Jr. had acknowledged calling the teens "trouble makers" and "a violent bunch" but insisted he could be impartial. Judge Thomas M. Yeager, who was asked by defense attorneys to review the case, found there was an appearance of impropriety and recused Mauffray.

"The right to a fair and impartial judge is of particular importance in the present cases," Yeager wrote.

Six black teens were arrested and initially charged with attempted murder and conspiracy to commit murder in connection with a December 4, 2006, attack on fellow Jena High School student Justin Barker, who is white. The charges were later reduced.

Jesse Ray Beard, Robert Bailey Jr., Carwin Jones, Bryant Purvis and Theo Shaw now face aggravated second-degree battery charges. Beard is charged as a juvenile.



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.



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 overturns conviction of NYSE specialists
Lawyer Blog News | 2008/07/30 14:30
A federal appeals court has overturned the securities fraud convictions of two New York Stock Exchange specialists.

Michael Hayward and Michael Stern were convicted in July 2006 after they were accused of stealing $1 million apiece. Prosecutors said they had skimmed small amounts of money from stocks they were entrusted to oversee.

The 2nd U.S. Circuit Court of Appeals notes that the government had already conceded that the conduct of the men was not manipulative. The court says their conduct was not deceptive either.

Hayward and Stern had worked for Van der Moolen Specialists USA LLC.



US club gets heave-ho in America's Cup court fight
Lawyer Blog News | 2008/07/30 13:28

Hold those giant catamarans just a minute, you bickering billionaires.

The America's Cup appears to be headed away from a rare one-on-one showdown between American and Swiss crews and back to its traditional multichallenger format following a ruling by a New York appeals court Tuesday that went against a San Francisco yacht club that backs Silicon Valley maverick Larry Ellison.

In the latest 180-degree turn in a yearlong court fight, the New York Supreme Court's Appellate Division ruled 3-2 that Spain's Club Nautico Espanol de Vela should be the Challenger of Record, giving it the right to negotiate terms of the next competition with the current America's Cup holder, Alinghi of Switzerland.

The decision, based on what the court said was "ambiguous" language in the Deed of Gift, the century-old document that governs the America's Cup, reversed a lower-court ruling that made the Golden Gate Yacht Club the Challenger of Record.

Although Golden Gate Yacht Club can file a last-chance appeal to the New York State Court of Appeals in Albany, Tuesday's ruling leads the way for a return to the traditional format in which the winner of a challenger elimination series races the defending champion for the oldest trophy in international sports.

BMW Oracle Racing, backed by the GGYC, and Alinghi have been preparing for an expected one-on-one match in 90-foot multihull boats, the result of a lower-court ruling that GGYC was the Challenger of Record.

GGYC said it will consider the implications of Tuesday's ruling before deciding its next step.



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