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US Supreme Court orders 6 death row cases reviewed
Court Watch |
2013/06/04 08:56
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The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.
The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.
The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.
Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed. |
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Court: Police can take DNA swabs from arrestees
Breaking Legal News |
2013/06/03 14:12
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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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San Diego Personal Injury Attorney - McDonnell Law
Legal Business |
2013/06/02 08:55
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When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit.
There is no case too big or too challenging for us, and we will give the attention you deserve. Our firm specializes in getting claims resolved and fighting for compensation rights is what we have been trained to do. Negligence should not be taken lightly and should not be the cause of someone else's suffering. McDonnell Law wants to advocate for your justice.
We handle all types of personal injury cases such as:
Car Accidents Motorcycle Accidents Truck Accidents Defective Products Medical Malpractice Bicycle/Pedestrian Accidents Wrongful Death Slip & Fall Injuries Premises Liability Traumatic Brain Injury Dog Bites
It doesn't need to be any more stressful during this difficult time. To help ease through the process, you need to know who to turn to for help. Many insurance companies may take advantage of the unstable state you may be in after a personal injury. Don't let this happen to you and be sure to contact an attorney to ensure that you maximize your financial reimbursement and get what you deserve. Personal injury matters can be complicated for you, but it doesn't have to be. We will worry about the technical components while you get sufficient time to deal with your physical and emotional trauma.
Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K.
Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome.
We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.
San Diego Personal Injury Attorney
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Court Upholds Rifle Sales Reporting Requirement
Breaking Legal News |
2013/06/01 10:45
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A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.
The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.
But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.
The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.
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Court: Calif. erred in new lethal injection regs
Court Watch |
2013/05/31 09:57
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Executions in California will remain suspended after a state appeals court ruled that corrections officials made several "substantial" procedural errors when they adopted new lethal injection rules.
The 1st District Court of Appeals said the California Department of Corrections and Rehabilitation failed to explain, as required by state law, why it was switching from a three-drug injection method to a single drug.
The court's opinion, which affirmed a lower court ruling, also said the agency misled the public by not providing the documents and information it used to reach its decision.
Corrections spokeswoman Deborah Hoffman said in an email that the agency was reviewing the ruling.
"In the meantime, at the governor's direction, CDCR is continuing to develop proposed regulations for a single-drug protocol in order to ensure that California's laws on capital punishment are upheld," Hoffman said.
California has not executed an inmate since 2006, when a federal judge halted the practice, finding that the three-drug mixture amounted to cruel and unusual punishment. The state was ordered to redo its capital punishment system.
Since then, California has built a new death chamber at San Quentin State Prison and trained a new team to carry out executions. |
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Probe of well-connected truck stop chain may widen
Business |
2013/05/30 10:13
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The federal investigation into the truck stop chain owned by the family of Tennessee Gov. Bill Haslam and Cleveland Browns owner Jimmy Haslam led to its first convictions this week and threatens to widen against employees at Pilot Flying J.
Court documents allege that sales teams were being trained on how to scam the company's customers out of rebates and get away with it.
Pilot's regional sales director and regional accounts representative both pleaded guilty Wednesday to conspiracy to commit mail fraud. The pleas were entered in U.S. District Court in Knoxville. Prosecutors have offered to recommend a much lighter sentence for both employees provided they cooperate with federal investigators and reveal the extent of how many people in the company knew about the fraud.
The Knoxville-based chain is run by CEO Jimmy Haslam, the brother of Tennessee Gov. Bill Haslam. Pilot Flying J, the country's largest diesel retailer with annual revenues of $31 billion, was founded by their father.
Jimmy Haslam has denied any wrongdoing and has suspended several members of the sales team, but he has declined to identify exactly who has been suspended. An affidavit unsealed last month shows that a Pilot employee was secretly recorded saying Jimmy Haslam knew what sales people were doing, though he has denied knowing of any fraud.
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Wal-Mart pleads guilty in hazardous waste
Business |
2013/05/29 09:46
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Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.
The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.
In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.
The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.
Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.
The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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