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Supreme Court refuses to hear Brooks appeal
Lawyer Blog News |
2011/11/15 15:51
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The Supreme Court has denied a last minute appeal from an Ohio man scheduled to be executed Tuesday morning.
The court on Tuesday denied appeals from Reginald Brooks, who is scheduled to be executed for fatally shooting his three sons while they slept.
State and U.S. courts have rejected attorneys' arguments that the 66-year-old Brooks is not mentally competent and that the government withheld relevant evidence that could have affected Brooks' case.
The appeals first went to Justice Elena Kagan and then to the rest of the court, where it was rejected without comment. |
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Fifth guilty plea entered in Philly abortion case
Lawyer Blog News |
2011/11/13 18:38
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A woman initially hired to clean instruments at a Philadelphia abortion clinic has pleaded guilty to two counts of third-degree murder in the deaths of a newborn baby and a woman who died after an anesthesia overdose.
As part of her plea agreement with prosecutors, Lynda Williams also agreed on Wednesday to testify against the operator of the clinic, Dr. Kermit Gosnell.
Williams was one of 10 people charged in a shocking grand jury report that alleged viable, live-born babies were routinely killed at Gosnell's clinic by having their spinal cords severed with scissors.
At the end of the hearing, a prosecutor told the teary-eyed Williams she "did the right thing" by pleading guilty, The Philadelphia Inquirer reported.
The grand jury report described filthy, inhumane conditions at the clinic, which served many poor and immigrant women.
According to the grand jury report, Gosnell hired Williams, 43, in 2008 to clean instruments at his Women's Medical Center in West Philadelphia. But her duties soon increased to include performing ultrasounds and administering anesthesia. Authorities said it was Williams who administered a lethal mix of drugs that killed Karnamaya Mongar in November 2009. |
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Court upholds conviction in Pa. murder case
Lawyer Blog News |
2011/11/08 17:02
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The Supreme Court used its first opinion of the new term on Tuesday to uphold the murder conviction of a man in a Pennsylvania grocery store shooting.
The high court on Tuesday upheld Eric Greene's conviction in the 1993 shooting death of the owner of a grocery store in North Philadelphia.
Greene had complained that the confessions of some of the men who were with him at the time of the shooting should not have been introduced at his trial since they were not testifying. The introduction of those redacted confessions violated his right to confront his accusers, Greene said.
The 3rd U.S. Circuit Court of Appeals upheld his conviction, despite the fact that the Supreme Court had decided a similar case in 1998 that would have supported Greene's claim.
The Supreme Court, which heard arguments on this case in October, unanimously agreed with the lower court. The 1998 decision in Gray v. Maryland came after the Pennsylvania Supreme Court ruled on Greene's case, noted Justice Antonin Scalia, who wrote the term's first opinion of an argued case. |
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Police: Judge won't be charged over video beating
Lawyer Blog News |
2011/11/04 13:54
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A Texas family law judge whose daughter secretly videotaped him savagely beating her seven years ago won't face criminal charges because too much time has elapsed, police said.
Aransas County Court-at-Law Judge William Adams likely would have been charged with causing injury to a child or other assault-related offenses for the 2004 beating of his then-16-year-old daughter, but the five-year statutes of limitations expired, Rockport Police Chief Tim Jayroe said Thursday.
"We believe that there was a criminal offense involved and that there was substantial evidence to indicate that and under normal circumstances ... a charge could have been made," Jayroe said. He said the district attorney determined he couldn't bring charges, and that police would discuss the case with federal prosecutors even though he doesn't believe federal charges would apply. |
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Appeals panel sides with CBS over Super Bowl fine
Lawyer Blog News |
2011/11/03 16:08
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In the latest court battle over the steamy 2004 Super Bowl halftime show, a federal appeals court ruled Wednesday that CBS should not be fined $550,000 for Janet Jackson's infamous "wardrobe malfunction."
The 3rd Circuit Court of Appeals held its ground even after the U.S. Supreme Court ordered a review in light of the high court's ruling in a related Fox television case. In that case, it said the Federal Communications Commission could threaten fines over the use of even a single curse word uttered on live TV.
But Circuit Judge Marjorie Rendell said the Fox case only "fortifies our opinion" that the FCC was wrong to fine CBS over the halftime show.
The three-judge panel reviewed three decades of FCC rulings and concluded the agency was changing its policy, without warning, by fining CBS for fleeting nudity.
"An agency may not apply a policy to penalize conduct that occurred before the policy was announced," Rendell wrote.
CBS argues that the FCC had previously applied the same decency standards to words and images — and excused fleeting instances of both.
Rendell said that long-standing policy appeared to change without notice in March 2004 — a month after the act at the Super Bowl, held in Houston. |
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Court upholds convictions of 5 in Fla. terror plot
Lawyer Blog News |
2011/11/02 15:43
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A federal appeals court on Tuesday upheld the convictions of five men accused of plotting to join forces with al-Qaida to destroy a landmark Chicago skyscraper and bomb FBI offices in several cities.
A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals rejected numerous claims by ringleader Narseal Batiste and his followers, including questions about the sufficiency of the evidence, the FBI's use of an informant posing as an al-Qaida operative and the dismissal of a juror by a federal judge during deliberations.
Batiste, 37, and the other four were convicted in May 2009 of conspiring to provide material support to al-Qaida and wage war against the U.S. stemming from a plot to blow up the 110-story Sears Tower — now known as the Willis Tower — and bomb FBI offices in five cities, including Miami. The eventual goal, testimony showed, was to overthrow the U.S. government.
It took federal prosecutors three trials to obtain convictions; the first two ended in mistrials and two of the original "Liberty City Seven" were acquitted. One of those found not guilty, Lyglenson Lemorin, was nonetheless deported to his native Haiti.
The case was built on recordings of FBI conversations and the group never came close to staging an attack, although the FBI informant posing as a terrorist led them in a videotaped oath of allegiance to Osama bin Laden. They also videotaped the Miami FBI office and downtown courthouse buildings as potential targets. |
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