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Ohio kidnap suspect in court, plea talks ongoing
U.S. Legal News |
2013/07/26 17:57
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Prosecutors and lawyers for a Cleveland man accused of holding three women captive in his home for more than a decade signaled Wednesday that they are talking about a possible plea deal.
With a trial less than two weeks away, there was no mention of whether the prosecutor will seek the death penalty. Attorneys for Ariel Castro, 53, say a deal is dependent on taking it off the table.
"My understanding is that the parties have discussed possible pleas and that you're working to see if that would be an effective resolution, is that correct?" Judge Michael Russo asked.
Both sides responded "yes" without elaboration and left the courtroom without commenting. Last month, the judge had mentioned the possibility of a plea deal raised by the defense.
Castro mostly kept his head down during the brief hearing and quietly answered "yes" to routine questions from the judge.
The hearing focused on the trial date, Aug. 5, and whether the prosecution had provided its evidence to the defense in a timely fashion, as required. |
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Appeals court to hear dispute over BP settlement
U.S. Legal News |
2013/07/06 15:51
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A federal appeals court is wading into a high-stakes dispute over the terms of a multibillion-dollar settlement of claims arising from BP's massive 2010 oil spill in the Gulf of Mexico.
A three-judge panel of the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Monday by attorneys for the London-based oil giant and for Gulf Coast businesses that say the nation's worst offshore oil spill cost them money.
BP asserts that the judge who approved the deal and a court-appointed claims administrator have misinterpreted the settlement, allowing thousands of businesses to secure hundreds of millions of dollars in payments for inflated and fictitious losses.
"The result is that thousands of claimants that suffered no losses are coming forward in ever-increasing numbers, seeking and obtaining outrageous windfalls and making a mockery of what was intended to be a fair and honest court-supervised settlement process," company attorneys wrote in their brief for the hearing. |
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Court: Police can take DNA swabs from arrestees
U.S. Legal News |
2013/06/03 20:52
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A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.
But the four dissenting justices said that the court was allowing a major change in police powers.
"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.
At least 28 states and the federal government now take DNA swabs after arrests. But a Maryland court was one of the first to say that it was illegal for that state to take Alonzo King's DNA without approval from a judge, saying King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches."
But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. |
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Court won't hear challenge to copyright board
U.S. Legal News |
2013/06/01 18:21
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The Supreme Court won't hear a challenge to the authority of the board that sets royalty rates for musical works.
The high court refused Tuesday to hear an appeal challenging the Copyright Royalty Board, a panel of three copyright judges appointed by the Librarian of Congress.
Intercollegiate Broadcast System Inc. said the board should be appointed instead by the president and confirmed by the Senate. They want to have overturned a decision by the board that noncommercial educational webcasters pay an annual fee of $500 per channel for a license authorizing the webcasting of unlimited amounts of music.
The U.S. Circuit Court of Appeals for the District of Columbia Circuit refused to hear their appeal, and the Supreme Court did as well. |
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Los Angeles jeweler pleads guilty in KPMG case
U.S. Legal News |
2013/05/21 20:26
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The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
London, 50, who was fired from KPMG, also is charged with conspiracy and is scheduled to be arraigned next week. |
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Court bars retrial of Michigan arson suspect
U.S. Legal News |
2013/03/04 23:41
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The Supreme Court has ruled that a Michigan defendant cannot be retried for arson even though his initial acquittal was based on a judge's mistake.
The court voted 8-1 Wednesday in favor of Lamar Evans, who was charged with arson after he was seen running away from a burning vacant house in Detroit with a gasoline can in his hand.
A judge acquitted Evans midway through his trial based on a mistaken interpretation of the law.
Justice Sonia Sotomayor said for the court that the acquittal is final, even if granted in error. Justice Samuel Alito dissented. |
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