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Murder conviction of mom reversed in California
Lawyer Blog News | 2010/08/03 08:49

An appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death.

The 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an "impermissibly ambiguous" jury instruction during the 2008 trial.

Associate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed.

Daley had been convicted of second-degree murder for the 2007 death of Jose Cano.

Prosecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.



Former UNM asst. coach sues current coach, regents
Lawyer Blog News | 2010/08/02 15:57
A former assistant football coach at the University of New Mexico has filed a civil rights lawsuit stemming from an altercation involving coach Mike Locksley.

J.B. Gerald filed the lawsuit Friday in U.S. District Court in Albuquerque against Locksley and the University of New Mexico Board of Regents.

The lawsuit says Locksley attacked Gerald on Sept. 20 by choking him, punching him in the face and cursing at him in front of peers and athletes, and should have to pay damages to Gerald.

The lawsuit says the University of New Mexico discriminated against Gerald, who is black, by encouraging him to minimize the assault and failing to take appropriate action.

UNM spokeswoman Susan McKinsey says the university "will vigorously defend itself and its employees against these claims."



Judge lets paper publish info on juicemaker probe
Lawyer Blog News | 2010/08/02 10:54

A judge has lifted an order that prevented a legal newspaper from publishing information found in court records that were supposed to have been shielded from public view.

The Internet blog of the National Law Journal said Friday that the judge freed the newspaper to publish the information, which concerned an investigation of juicemaker POM Wonderful by the Federal Trade Commission.

POM had fought to keep the investigating agency's name secret, but reversed course Friday and asked D.C. Superior Court Judge Judith Bartnoff to rescind her order. Bartnoff had ordered the records sealed, but they mistakenly remained available.

POM said in a statement that it never intended to provoke a First Amendment fight over the issue.

"POM is, and always has been, fervent supporters of and believers in the freedom of the press, and takes very seriously its commitment to transparency in all aspects of our business," the company said.

Its request to the judge came as news organizations filed legal papers in support of the law journal that said Bartnoff's order lacked "any conceivable justification" and should be reversed immediately.



Wash. high court lifts stay of execution for Brown
Lawyer Blog News | 2010/07/30 10:26

Washington state's Supreme Court has lifted the stay of execution for a death row inmate who claimed the state's method of lethal injection violated constitutional bans on cruel and unusual punishment.

The high court unanimously ruled Thursday that Cal Coburn Brown's claims are moot because the state Department of Corrections changed its method of execution earlier this year from a three-drug cocktail to a one-drug system.

The court issued a stay last year just hours before Brown was set to die for torturing and killing a Burien woman in 1991. The state can now reschedule the execution, but the earliest it could happen is September.



Top court rejects Canadian serial killer's appeal
Lawyer Blog News | 2010/07/30 09:24

Canada's top court is upholding six murder convictions of a pig farmer accused of butchering women and feeding them to pigs.

Canada's Supreme Court said Friday that Robert Pickton's right to a fair trial was not violated the first time around, and denied his request for a new trial.

Pickton was convicted of murdering six prostitutes in 2007 and sentenced to life in prison with no parole for at least 25 years.



BP spill cases head to court as Shell counts cost
Lawyer Blog News | 2010/07/29 10:37

The tide of lawsuits unleashed by BP's oil spill in the Gulf of Mexico breaks into an Idaho courtroom on Thursday, just as the company's rivals are counting the cost of a ban on offshore drilling.

Attorneys hoping to lead the legal fight against BP are set to descend on Boise, Idaho, to address a special judicial panel considering how to bring order to the hundreds of civil lawsuits spawned by the spill after a rig explosion on April 20.

"There will be more lawyers in that courtroom than exist in the entire city of Boise put together," Mark Lanier, a Houston-based lawyer who plans to attend the hearing, joked this week. "It's going to be a circus."

Seven U.S. federal judges will convene more than 2,000 miles from the Gulf's oil-smudged shores to consider which U.S. court, or courts, should oversee hundreds of spill-related suits by injured rig workers, fishermen, investors and property owners.

Potentially adding its name to the line of claimants, Royal Dutch Shell Plc idled seven rigs and took a $56 million charge related to the drilling ban on Thursday. Saying the ban would reduce its production by almost 3 million barrels this year, the company did not rule out reclaiming the cash from BP.

Shell, one of the biggest oil producers in the Gulf of Mexico, said it had idled rigs rather than move them elsewhere because the ban's six-month duration meant it was not profitable to redeploy them to other areas.



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