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Accused teenager's mental health to be considered
Lawyer Blog News | 2011/03/16 15:59

The issue of whether a teen accused of stabbing his teacher to death in 2009 can stand trial as an adult will again be considered in court.

A hearing was scheduled Wednesday in Tyler for the youth, who's now 17. He is accused in the deadly attack on special education teacher Todd Henry in a classroom at John Tyler High School.

The Texas Supreme Court ruled last October that the question of the teen's competency for trial can't be determined until a mental health evaluation is completed.

His court-appointed attorney, Jim Huggler, declined comment Tuesday except to say the hearing involves further mental health issues stemming from the case.

The teen was returned to juvenile detention in Tyler in February after spending three months at the Vernon State Hospital.



Kansas lawyer pleads guilty in Texas to fraud
Lawyer Blog News | 2011/03/15 16:05

An attorney from Kansas faces up to 10 years in federal prison over a $2.5 million Ponzi investment scam in Texas.

Prosecutors say 62-year-old Clifford Roth of Leawood, Kan., pleaded guilty in Beaumont to interstate transportation of money taken by fraud.

No sentencing date was announced Monday for Roth, who remains free on bond.

Prosecutors say Roth in November 2007 traveled to Southeast Texas and solicited investors to purchase bank holding company stock. Roth falsely claimed the money would be used to purchase an Oklahoma bank, which would then open a branch office in Beaumont.

The FBI determined that the investor funds were used for Roth's personal expenses, plus paid previous investors in the Ponzi scheme.



Supreme Court to hear arguments on NC executions
Lawyer Blog News | 2011/03/14 16:58

The North Carolina Supreme Court is scheduled to hear oral arguments in a case that could change how the death penalty is administered.

Lawyers for five death row inmates are preparing to argue Monday that an administrative law judge was right to order state officials to revamp North Carolina's protocol for executions in 2007.

The Council of State has to approve changes to death penalty procedures and argues the judge doesn't have the jurisdiction to make that order. A Superior Court judge sided with the council.

The inmates' lawyers say the council signed off on changes to capital punishment protocol without hearing from advocates for condemned prisoners.

If the Supreme Court agrees, the case will go back to a lower court for review.



Ex-judge Camp sentenced to 30 days in prison
Lawyer Blog News | 2011/03/11 19:35

Jack Camp, the former federal judge ensnared in a scandal involving drugs and a stripper, was sentenced Friday to 30 days in prison and 400 hours of community service.

Senior U.S. District Judge Thomas Hogan said he could not give a sentence of only probation because Camp had breached his oath of office.

"He has disgraced his office," Hogan said. "He has denigrated the federal judiciary. He has encouraged disrespect for the rule of law."

Before being sentenced, Camp apologized for what he had done and thanked his family and friends, many of whom filled the courtroom.

"I have embarrassed and humiliated my family as well as myself," Camp said. "I have embarrassed the court I have served on and I am deeply sorry for that. When I look back at the circumstances which brought me here and look at what I did, it makes me sick."

Camp said that at the end of the day, "the only thing I can say is that I'm so very sorry."

As a judge, Camp often meted out harsh sentences and rarely gave breaks to defendants who presented mitigating circumstances to explain their conduct. On Friday, Hogan was asked by Camp's lawyers to grant leniency because of the ex-judge's decades-long battle with a bipolar disorder and brain damage caused by a 2000 biking accident.



Michigan's top court to decide whether judge stays
Lawyer Blog News | 2011/03/10 17:05

The Michigan Supreme Court says it will decide whether to remove a Lansing judge from office.

In late December, Hugh Clarke Jr. was appointed to a vacancy at 54-A District Court by then-Gov. Jennifer Granholm. Attorney General Bill Schuette says the appointment should have expired on Jan. 1.

Clarke replaced Amy Krause, a judge who was re-elected in November before getting a promotion by Granholm to the appeals court.

Clarke's lawyers say he's entitled to stay in office and face election in 2012. The Supreme Court said Wednesday it will hear arguments in May.



Iowa lawyer named to panel he's suing for clients
Lawyer Blog News | 2011/03/10 11:06

A lawyer who is suing the Iowa Judicial Nominating Commission for some Iowa clients has been named to the commission by Gov. Terry Branstad.

In their lawsuit, the clients of William Gustoff (GUHS'-tahf) allege that the makeup of the commission is biased against nonlawyers because they have no say in the selection of half the commission.

The Des Moines Register says that half the commission is lawyers, elected by lawyers; the other half traditionally is made up of nonlawyers appointed by the governor. Gustoff's appointment is a departure, but it is not barred by Iowa law.



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