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Man who bought Ohio St memorabilia is charged
Lawyer Blog News | 2011/05/27 09:45
A tattoo parlor owner who bought Ohio State football memorabilia was charged Friday in federal court with drug trafficking and money laundering, though his attorney said there's no connection with the scandal unfolding over the sale of the items.

Edward Rife will plead guilty to the charges and cooperate with authorities, documents filed in U.S. District Court indicated. The charges and Rife's plea agreement don't mention the sale of the memorabilia.

Rife, 31, will plead guilty to one count of conspiracy to distribute and possess with intent to distribute more than 200 pounds of marijuana, and one count of money laundering, the documents showed. He could face a prison sentence of 20 years although would likely receive much less under federal sentencing rules.

The money laundering charge alleges Rife paid $21,500 for a 2005 Nissan Infinity QX56 with money earned through the alleged drug transactions, according to the documents filed Friday.

Five players, including star quarterback Terrelle Pryor, have been suspended for the first five games this fall for accepting improper benefits from Rife totaling between $12,000 and $15,000.

Coach Jim Tressel is also suspended and is still being investigated for knowing of his players' involvement with Rife and not reporting it to the NCAA or his superiors for more than nine months.

Rife's lawyer said Friday his client is taking responsibility for past mistakes.


Court: Pre-trial motions don't count in deadline
Lawyer Blog News | 2011/05/26 15:46

The Supreme Court says the time used to deal with pretrial motions cannot be used to automatically extend the required deadline for a suspect's speedy trial.

The high court on Thursday refused to grant the government's request to reinstate Jason Louis Tinklenberg's conviction of gun possession by a felon and possession of material used to manufacture methamphetamine.

The Speedy Trial Act says a defendant's trial should begin within 70 days of his indictment or his initial appearance before a judicial officer.

The high court ruled that the time used to dispense with pretrial motions cannot be counted toward the Speedy Trial deadline, upholding the 6th U.S. Circuit Court of Appeals decision to throw out Tinklenberg's conviction.

The appeals court had said that pretrial motions count as an exception when they cause actual delays. But "the filing of a pretrial motion falls within this provision irrespective of whether it actually causes, or is expected to cause, delay in starting a trial," Justice Stephen Breyer wrote the opinion for the court.

He was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Samuel Alito and Sonia Sotomayor. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas joined the decision only in part.



Ex-IMF chief may use tried, tricky consent defense
Lawyer Blog News | 2011/05/25 10:39

Former International Monetary Fund chief Dominique Strauss-Kahn has shed little public light on his account of what happened between him and a hotel housekeeper who accused him of sexually attacking her. But in a potentially revealing hint, one of his lawyers has said he doesn't expect the evidence will show a forcible encounter.

If Strauss-Kahn's lawyers are planning to argue there was a consensual liaison, they would be using a common sex-crime defense argument — but one that has both succeeded and failed in other high-profile cases. It sets up a "he-said, she-said" confrontation that can pose challenges for defense lawyers and prosecutors alike, legal experts say.

"They're really difficult cases because, by their very nature, nobody else is there," said Brenda Smith, an American University Washington College of Law professor who has studied sexual violence. Even DNA or other forensic evidence might establish sexual contact but still not prove an attack, "so it really is the credibility of the complainant and the defendant, and also the facts and information that each side can marshal to support their version of what occurred."

For now, Strauss-Kahn is under house arrest in a Manhattan apartment on a total of $6 million in bond and cash bail, facing attempted rape and other charges. At the time of his May 14 arrest, the 62-year-old economist and diplomat led the powerful, loan-making IMF and was considered a leading contender to challenge French President Nicolas Sarkozy.

Prosecutors say he chased down the cleaner in a penthouse suite, groped her, tried to pull down her pantyhose and forced her to perform oral sex.



Supreme Court to CA: Cut prison inmates by 33,000
Lawyer Blog News | 2011/05/24 16:09
The U.S. Supreme Court ruled Monday that California must drastically reduce its prison population to relieve severe overcrowding that has exposed inmates to increased violence, disease and death.

The decision, however, doesn't mean the prison gates will swing open in an uncontrolled release.

The high court's 5-4 decision calls on the state to cut the population to no more than 110,000 inmates. To get there, state officials have two years to either transfer some 33,000 inmates to other jails or release them.

California has already been preparing for the ruling, driven as much by persistent multibillion-dollar budget deficits as by fears for the well-being of prison inmates and employees. The state has sent inmates to other states. It plans to transfer jurisdiction over others to counties, though the state doesn't have the money to do it.

"They've made a lot of plans already,'' said Michael Bien, one of the attorneys who sought the ruling on behalf of mentally and physically ill inmates who suffered in severely crowded conditions. "We're sure it can be done safely and appropriately.


Appeals court reverses Countrywide suit dismissal
Lawyer Blog News | 2011/05/20 15:36

An appeals court has overturned the dismissal of a class-action lawsuit brought by investors against mortgage giant Countrywide Financial Corp.

The move by a panel of the California 2nd District Court of Appeal reverses the decision by a Superior Court judge in Los Angeles last year. That court threw out the complaint on grounds that a state court had no jurisdiction to hear the case, citing the U.S. Securities Act.

In the ruling issued Wednesday, the appeals court disagreed, concluding such a complaint could be heard in state court.

The decision allows the case to proceed.

The investors claim Countrywide had false or misleading statements in documentation for the mortgage-backed securities that they bought from the lender between 2005 and 2007.



Supreme Court won't revive torture lawsuit
Lawyer Blog News | 2011/05/16 15:25

The Supreme Court on Monday refused to revive a lawsuit challenging a controversial post-Sept. 11 CIA program that flew terrorism suspects to secret prisons.

The appeal asked the court to examine two controversial aspects of the U.S. response to the 9/11 attacks, "the extraordinary rendition" program that sent the suspects to secret prisons and the "state secrets privilege."

The high court has refused several other appeals based on the government's invocation of state secrets to derail lawsuits.

The case involved five terrorism suspects who were arrested shortly after 9/11 and said they were flown by a Boeing Co. subsidiary to prisons around the world where they were tortured. A divided 9th U.S. Circuit Court of Appeals in San Francisco cited national security risks in dismissing the men's case last year.

The terror suspects sued Boeing subsidiary Jeppesen Dataplan in 2007, alleging that the extraordinary rendition program amounted to illegal "forced disappearances." They alleged that the San Jose-based subsidiary conspired with the CIA to operate the program.

A trial court judge quickly dismissed the lawsuit after the Bush administration took over defense of the case from Chicago-based Boeing and invoked the state secrets privilege, demanding a halt to the litigation over concern that top secret intelligence would be divulged.



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