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Settlement reached in farmworkers' suit in Miss.
Lawyer Blog News | 2009/12/21 17:21

A lawsuit filed on behalf of 27 Mexican farm workers against a Mississippi sweet potato operation has been settled.

A joint notice filed with the U.S. District Court shows the settlement was reached this past week in the suit against Ryan Alexander and Alexander Farms, located in Vardaman.

The workers were employed under the federal H-2 Visa program in 2006. The suit was filed in September 2008 and claimed breach of contract and denied wages.

The notice did not give the settlement amount.

Attorneys for the plaintiffs and defendant didn't return calls seeking comment about the case.



US transfers 12 Gitmo detainees to home countries
Lawyer Blog News | 2009/12/21 10:24

The U.S. has transferred a dozen Guantanamo detainees to Afghanistan, Yemen and the Somaliland region as the Obama administration continues to move captives out of the facility in Cuba in preparation for its closure.

The Justice Department said Sunday that a government task force had reviewed each case. Officials considered the potential threat and the government's likelihood of success in court challenges to the detentions.

Over the weekend, four Afghan detainees were transferred to their home country. Two Somali detainees were transferred to authorities in Somaliland, the semi-autonomous northern region of Somalia. Six Yemeni detainees also were sent home.

The Justice Department said that since 2002, more than 560 detainees have departed the military prison in Cuba and 198 remain.



NC lawyers try to block release of 2 killers
Lawyer Blog News | 2009/12/18 18:00

The attorney general's office in North Carolina is petitioning the state Supreme Court to block the release of two convicted killers who had been serving life sentences.

Lawyers filed their petition Friday, a day after the state appeals court rejected a request to keep Alford Jones and Faye Brown behind bars. If the appeals court order stands, the inmates will go free at 5 p.m.

State courts previously sided with the inmates in determining their life sentences were actually defined in the 1970s as 80 years. The inmates say that with sentence-reduction credits, that means their terms are now complete.

The state disagrees and says the prisoners should not receive any sentence-reduction credits for good behavior.



Ohio justices: Cell phone searches require warrant
Lawyer Blog News | 2009/12/16 17:13

The Ohio Supreme Court said Tuesday police officers must obtain a search warrant before scouring the contents of a suspect's cell phone, unless their safety is in danger.

The American Civil Liberties Union of Ohio described the ruling as a landmark case. The issue appears never to have reached another state high court or the U.S. Supreme Court.

The Ohio high court ruled 5-4 in favor of Antwaun Smith, who was arrested on drug charges after he answered a cell phone call from a crack cocaine user acting as a police informant.

Officers took Smith's cell phone when he was arrested and, acting without a warrant and without his consent, searched it. They found a call history and stored numbers that showed Smith had previously been in contact with the drug user.

Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools.

During his trial, Smith argued that the evidence obtained through the cell phone search was inadmissible because it violated the constitutional ban on unreasonable search and seizure.



NC appeals court temporarily halts inmate release
Lawyer Blog News | 2009/12/15 13:54

North Carolina's appeals court has temporarily blocked the release of two convicted murderers sentenced under a 1970s law that limited life terms.

The court clerk issued an order Monday afternoon approving a request to halt the case, but he gave no explanation. The decision gives state attorneys another chance to argue the inmates should not be set free.

Superior Court Judge Ripley Rand had ordered convicted murderers Alford Jones and Faye Brown freed earlier Monday. Their attorneys convinced Rand that sentence-reduction credits have shortened their life terms, which were defined as only 80 years when they were sentenced.

Rand had set a 5 p.m. deadline for the Department of Correction to release Jones and Brown.



Senators revise climate bill to court GOP support
Lawyer Blog News | 2009/12/11 17:10

Senators trying to craft bipartisan climate legislation offered a revised proposal Thursday that would add incentives for building nuclear power plants and open the way for expanded oil and gas drilling off the nation's coastlines in hopes of attracting wider support.

The new framework for a Senate climate bill would ease back requirements for early reductions of greenhouse gases. It calls for cuts in the range of 17 percent by 2020, instead of 20 percent, similar to reductions already approved by the House and what Obama will call for at an international climate conference in Copenhagen.

"We would like to underscore the fact that the framework we are releasing today is a starting point for our negotiations going forward," said Sen. John Kerry, D-Mass.

The framework provided only a broad view of what a compromise bill would include with details to emerge early next year. But it reflects a widespread view that the climate bill that advanced out of committee in early November would need to be significantly revised for any hope of getting bipartisan support from at least 60 senators.



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