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US House passes gasoline price gouging bill
Lawyer Blog News | 2007/05/24 17:13

The US House of Representatives narrowly passed the Federal Price Gouging Prevention Act Wednesday, approving heavy criminal penalties for oil companies and individuals who take "unfair advantage" or charge "unconscionably excessive" prices for fuel. House leaders used an expedited legislative process, so the bill required a two-thirds majority and passed by 284-141. The Bush administration and opponents of the bill called it a vague form of price control. The White House said Wednesday that Bush's advisors would recommend he veto the bill if the Senate equivalent passes as well.

Last May, the House passed a similar bill, the Federal Energy Price Protection Act, that would have required the FTC to define price gouging within six months of the bill's final passage. That bill failed in the Senate.



Phila. smoking ban excluded from court ruling
Lawyer Blog News | 2007/05/24 12:25

A court ruling that struck down a smoking ban in Allegheny County does not affect Philadelphia's anti-smoking ordinance. The Commonwealth Court decision this week dealt with whether municipalities have a legal right to limit smoking in restaurants, workplaces or other indoor areas, and concluded that the state Legislature assumed jurisdiction over smoking when it enacted the Commonwealth Clean Indoor Act in 1988. A section of that law said its provisions would supercede local regulations, but the law specifically exempted Philadelphia, allowing the City Council to regulate smoking inside city limits.

"I'm confident that the Commonwealth Court decision does not affect the authority of the city of Philadelphia to enact a smoking ban," City Solicitor Romulo L. Diaz Jr. said.



Pelo hires new lawyer; defense starts over
Lawyer Blog News | 2007/05/23 17:30
Defense work on behalf of a Bloomington police sergeant accused of rape will start over with a new lawyer hired by Pelo’s family.

Sgt. Jeff Pelo, 42, was in court Thursday with Glenview attorney Michael Rosenblat, the third attorney to sign on with the case since Pelo’s arrest last summer. The defense team of Jay Elmore and Michael Costello, attorneys from Springfield, asked to withdraw from the case because of financial difficulties the family experienced with legal bills.

Bloomington attorney Steve Skelton left the defense effort in February because of health concerns.

After Thursday’s hearing, Rosenblat said Pelo is anxious for the case to move forward.

“Obviously we want to get to the trial soon so Mr. Pelo can get back with his family and get back to work,” said Rosenblat.

Pelo is charged with a series of sexual assaults against four women in Bloomington between December 2002 and January 2005. The foundation for the prosecution’s case is identification of the police officer in photo and voice recordings by several of the rape victims, Skelton said previously.

The tab for legal fees could easily amount to six figures, according to estimates from defense attorneys.

Rosenblat declined to answer questions about the arrangements he made with the Pelo family for his services. The attorney met with Pelo before Thursday’s hearing.

Assistant State’s Attorney Mark Messman said investigators will continue to development information in the case.

An August jury calendar setting scheduled by Judge Robert Freitag seems unlikely in light of the voluminous discovery materials and the fact that Roseblat said he has not started his review of the documents and other materials.

A June 21 status hearing is scheduled.

Pelo is on paid administrative leave from his $81,000-per-year position with the police department. He must raise $200,000 to be released on a $2 million bond set in the case.


Schabir Shaik applies to Constitutional Court
Lawyer Blog News | 2007/05/23 17:22

Fraudster Schabir Shaik was convicted unfairly and was used as a "dry run" by the State ahead of charges being laid against ex-deputy president Jacob Zuma, his lawyer told the Constitutional Court. "It was thoroughly, completely unfair for one man to be used as a dry run by the State while his co-conspirators were available to stand trial," Shaik’s defence counsel Martin Brassey argued yesterday.

His bone of contention was that Shaik stood trial and is serving a 15-year-jail sentence in the absence of his co-conspirators — former deputy president Zuma and French Arms deal boss Alain Thetard, of Thint Companies. "Can you imagine the quality of the trial if the country’s deputy president Jacob Zuma entered the dock and said I want to tell you that Shaik helped me comrade to comrade and that he was my best friend?" asked Brassey. Shaik is applying for leave to appeal against his convictions on two counts of corruption and one of fraud.

The charges related to payments that Shaik made to former deputy president Jacob Zuma in order to secure political influence.

"None of you will leave this Bench without knowing that what happened to Shaik was unfair," said a visibly emotional Brassey. "It was thoroughly, completely unfair for one man to be used as a dry run by the State when his co-conspirators were available," he said while banging his hands on the podium.



Bush continues to back US Attorney General
Lawyer Blog News | 2007/05/22 19:27

President Bush said Monday that he still fully supports US Attorney General Alberto Gonzales despite the growing number of Republicans who have expressed concern over the firings of nine federal prosecutors, telling reporters at a press conference on the Bush Ranch that "He has got my confidence. He has done nothing wrong...I stand by Al Gonzales." Last week, White House spokesman Tony Fratto said that the administration considers the proposed Senate vote of no-confidence in Gonzales a political stunt.

Last Week, US Sen. Arlen Specter (R-PA) predicted that Gonzales would resign soon as a result of the US Attorney firings, and said over the weekend that he believed the resignation would come before the no-confidence vote. Sen. Chuck Hagel (R-NE) has also called for Gonzales' resignation after hearing testimony from former US Deputy Attorney General James Comey regarding an attempt by Gonzales to persuade former Attorney General John Ashcroft to authorize the warrantless domestic surveillance program while he was incapacitated in the hospital, critically ill with pancreatitis. Although the event did not relate to the US Attorney firings, Hagel said that it showed Gonzales lacked the "moral authority to lead" the DOJ.



Judge rules California can resume inmate transfers
Lawyer Blog News | 2007/05/22 14:22

California will resume sending an estimated 8,000 prisoners to other states next month after an appeals court ruled that Gov. Arnold Schwarzenegger can do so while he challenges a prior ruling that halted the transfers.

Schwarzenegger praised the decision by the Third District Appellate Court, which was filed late last week and announced Monday, saying it would let the state take a critical step toward reducing prison overcrowding. Critics, however, warned that shipping inmates against their will could be dangerous for guards, prisoners and the public.

For the governor, the decision couldn't have come soon enough. Three judges have scheduled separate hearings next month to consider appointing a panel that could cap the state's inmate population—which could potentially order the release of thousands of prisoners. The state now has 172,000 prisoners living in space designed for fewer than 100,000.

Schwarzenegger issued a statement saying the transfers will help California avoid the court-ordered release of dangerous felons and even increase safety for overburdened guards.

"Out of state transfers will improve the safety of California's institutions for our correctional officers and staff as well as the inmates, and will provide much needed space for rehabilitation programs," Schwarzenegger said. "Transferring of inmates out of state is a critical component of the state's overall plan to relieve overcrowding."

The decision follows the Legislature's approval in April of a $7.8 billion plan also designed to help stave off a federal takeover. The plan calls for heavy state borrowing to pay for adding 53,000 new beds, as well as boosting education, job training and other rehabilitation programs. The plan also authorizes the governor to continue transferring inmates out of state until 2011 to relieve overcrowding.

Lance Corcoran, spokesman for the California Correctional Peace Officers Association, which sued the state over the transfers and prevailed in a Sacramento County Superior Court in February, said the transfers will expose guards to serious dangers.

He pointed to a riot in an Indiana prison last month as evidence. That riot, involving about 500 inmates, apparently began after prisoners recently transferred from Arizona refused to return to their living quarters.

"Inmates who are forced to leave the jurisdictions in which their families have the opportunity to visit them creates a very volatile situation that's unsafe for the inmates, unsafe for the guards, and unsafe for the public," Corcoran said.

California transferred 353 inmates out of state before Sacramento County Superior Court Judge Gail Ohanesian ruled in February that the transfers appeared to violate the state's emergency act and a provision in the state constitution.

Those inmates are in Tennessee and Arizona.

According to the Department of Corrections and Rehabilitation, inmates sent in June could go to facilities in Tallahatchie, Mississippi or near Oklahoma City.

Corrections plans to send 300 in June and ramp up shipments of 400 to 500 inmates a month by the fall.

Assemblyman Todd Spitzer, R-Orange, chairman of the Assembly Select Committee on Prison Construction and Operations, said he plans to hold hearings next month on the safety of the transfers.

"I have some concerns about Corrections being able to do this without officer injuries."

But Spitzer said Monday's ruling was great news because out-of-state transfers are the only way to prevent early releases.



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