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Illinois high court hears police torture arguments
Lawyer Blog News | 2011/09/15 17:03
Illinois Supreme Court justices questioned prosecutors Thursday about evidence in the rape conviction of a man who says he was tortured into confessing by Chicago police officers.

In oral arguments in a case with potentially far-reaching impact on how Illinois deals with police torture cases — and one that could lay the groundwork for similar appeals by as many as 20 other inmates — prosecutors argued that the state had enough evidence to convict inmate Stanley Wrice without the confession he claims to have given only after being tortured by officers under the command of notorious Lt. Jon Burge 30 years ago.

But the justices pressed Special Prosecutor Myles O'Rourke about the strength of the state's other evidence, noting that there was no DNA or fingerprints introduced at trial when Wrice was convicted.

Wrice is asking the high court for a new hearing on his long-standing torture claims. The outcome of the case is being closely monitored by about 20 other inmates who say Burge's officers forced them to confess to crimes they didn't commit, and lawyers and experts say the case could lay the groundwork for similar appeals by those inmates.


McCourts to argue over spousal support in LA court
Lawyer Blog News | 2011/09/14 15:57
A judge on Wednesday will consider reducing the amount of spousal support paid by Dodgers owner Frank McCourt to his ex-wife Jamie their divorce battle over ownership of the team.

McCourt filed a motion in July indicating that he's paid more than $5 million to cover the mortgages of six homes and a condominium over the last year as well as $2.7 million in temporary spousal support to Jamie McCourt.

Last May, Superior Court Judge Scott Gordon, who oversaw the former couple's divorce trial, ordered McCourt to pay $225,000 a month in spousal support and more than $400,000 a month to maintain the homes.

McCourt said the payments should be more in line with the $5 million he receives annually and either Jamie McCourt should be ordered to pay the mortgages herself or the properties should be sold.

Jamie McCourt notes in a recent filing that her ex-husband has received more than $44 million into his bank accounts since June 2010.

The Dodgers filed for bankruptcy protection in Delaware last month, blaming a cash-flow crisis on Major League Baseball's refusal to approve a multibillion-dollar TV deal McCourt was counting on to keep the franchise afloat.

MLB assumed control of the club's day-to-day operations in mid-April.

Gordon ruled in December that a postnuptial marital agreement that gave McCourt sole ownership of the Dodgers was invalid, clearing the way for Jamie McCourt, who served as the team's CEO and was fired by her ex-husband two years ago, to seek half the team under California's community property law.

A group backed by Chinese government-owned investment banks has made a $1.2 billion offer to buy the Dodgers, but McCourt has repeatedly said he's not interested in selling the team.


Former Ukraine PM's trial halted for 2 weeks
Lawyer Blog News | 2011/09/13 09:32
The judge presiding over former Ukrainian Prime Minister Yulia Tymoshenko's trial unexpectedly postponed hearings Monday for a two-week period, following renewed pressure from the United States and the European Union.

Tymoshenko, 50, the former Soviet nation's top opposition figure, stands accused of abuse of office when signing a natural gas import contract with Russia in 2009. Prosecutors say she violated legal procedures when the deal was signed.

Judge Rodion Kireyev's decision to suspend hearings marks a contrast with how the trial has been rushed over the past two months, drawing complaints from Tymoshenko.

Tymoshenko, who was jailed during the trial early last month on charges of contempt of court, maintains her innocence. She says the trial has been orchestrated by President Viktor Yanukovych to keep her out of political life.

Although a deeply divisive figure in Ukraine, Tymoshenko retains a substantial following and was only narrowly defeated by Yanukovych in last year's presidential election.

The United States and the European Union have criticized the trial as politically motivated.

U.S. Secretary of State Hillary Clinton together with EU foreign policy chief Catherine Ashton sent Yanukovych a letter regarding the Tymoshenko trial Friday, according to an EU official, who spoke on condition of anonymity because of the sensitivity of the issue. He would not discuss the content of the letter and Yanukovych's office declined to comment.


Pa high court to meet in historic chamber
Lawyer Blog News | 2011/09/12 15:48
Pennsylvania's highest court plans to convene in a historic chamber in Philadelphia for the first time in more than two centuries.

Tuesday's oral arguments session in the Supreme Court Chamber in Old City Hall will be the first time the justices have used the room since 1802.

The session also will be the first to be videotaped under a court policy announced last month. The Pennsylvania Cable Network plans to record the event and air it Tuesday evening.

Cases to be heard include one involving the state's use of an $800 million surplus from a fund that helps doctors pay medical malpractice premiums to balance the state budget in 2009.

The court is using the historic courtroom as part of a commemoration of Constitution Week, which runs through Saturday.


Va. high court considers ex-King confidant's case
Lawyer Blog News | 2011/09/12 11:46
A lawyer has asked the Virginia Supreme Court to throw out the incest conviction of a former top adviser to Martin Luther King Jr.

The Rev. James Bevel, the architect of the 1963 Children's Crusade in Birmingham, Ala., died in 2008 at age 72 while his appeal was pending. His attorney, Bonnie Hoffman, is seeking what's known as an abatement. The idea is that a conviction is not final until the appeals process is complete.

However, Senior Assistant Attorney General Virginia Theisen (THIGH'-sun) said that under the law, convictions are presumed to be valid.

A Loudoun County judge refused to abate the conviction after hearing emotional testimony from Bevel's victim. The Virginia Court of Appeals upheld the decision.

A ruling by the Supreme Court is likely in early November.


US says 11 currency traders operating illegally
Lawyer Blog News | 2011/09/09 15:31

Federal regulators are suing 11 firms they say broke the law by selling foreign-currency contracts to the public without being registered with a government agency.

The lawsuits announced Thursday were the second "sweep" by the Commodity Futures Trading Commission under regulations that took effect last October as mandated by the financial overhaul law. The commission is seeking to stop the firms from operating unless they register with it, and it wants civil fines and restitution.

Seven of the 11 firms are incorporated outside the U.S. The CFTC's first such action targeted 14 firms in January.

The agency urged all investors to check whether any firm they invest with is registered. If not, members of the public should be wary, the CFTC said.

The rules requiring foreign-currency trading firms to register are intended to protect investors from potentially fraudulent operations, the agency said.

When an investor buys a foreign-currency contract, he or she buys the right to purchase an amount of foreign currency at a fixed price in dollars. Investors hope to profit from ups and downs in currency markets, but they also can suffer losses from sharp price swings.

The CFTC and state regulators have previously warned the public to be cautious before trading foreign currencies in general — especially outside of major exchanges such as the Chicago Mercantile Exchange — saying it can be very risky.



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