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Evidence challenged: Miss. court blocks execution
Breaking Legal News |
2013/05/08 22:58
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The Mississippi Supreme Court has indefinitely delayed Tuesday's scheduled execution of Willie Jerome Manning amid questions involving evidence in the case, intervening hours before he was set to die for the slayings of two college students.
Manning, who had challenged errors involving evidence analysis, was originally set to receive a lethal injection at 6 p.m. CDT at the state prison in Parchman. But with mere hours remaining, the high court blocked the execution until it rules further in the case.
Manning was convicted in 1994 in the shooting deaths of two Mississippi State University students, Jon Steckler and Tiffany Miller. Their bodies were found in a rural area in December 1992.
The FBI has said in recent days that there were errors in agents' testimony about ballistics tests and hair analysis in the case.
Manning's lawyers had argued in recent filings before the Mississippi Supreme Court that the execution should be blocked based on the U.S. Justice Department's disclosures about testimony that it says exceeded the limits of science.
The court ruled 8-1 on Tuesday for a stay. The court had previously split 5-4 in decisions in the case. |
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Italy court upholds Berlusconi tax fraud verdict
Breaking Legal News |
2013/05/08 22:57
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Former Premier Silvio Berlusconi's tax fraud conviction and four-year prison sentence were upheld on the first appeal Wednesday in a case that could see him barred from public office for five years.
In Italy, defendants are legally considered innocent until all appeals are exhausted, and Berlusconi's lawyers are expected to appeal the case to the nation's highest Court of Cassation once the reasoning for the decision is published.
Still, the ruling, which comes just days before prosecutors wrap up closing arguments in his sensational sex-for-hire trial, raises the question of whether Berlusconi's days as a political force are numbered.
His center-right forces are allied with the Democratic Party in a grand coalition, and although Berlusconi holds no governmental posts he remains influential. It was his decision to head the center-right coalition, after initially saying he would move aside for younger leaders, that gave a boost to his forces in February's election campaign, finishing a close second to the center-left. |
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Court again nixes Viacom $1B suit against YouTube
Court Watch |
2013/04/22 00:58
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For the second time in three years, a federal judge has dismissed Viacom's $1 billion copyright lawsuit against YouTube, saying the online video site doesn't have to police itself as long as it removes infringing videos when copyright owners give notice.
U.S. District Court Judge Louis Stanton in New York ruled Thursday that Viacom never proved YouTube was aware of thousands of videos Viacom said were stolen from its TV networks such as Comedy Central and BET.
Viacom Inc. said it will appeal.
"This ruling ignores the opinions of the higher courts and completely disregards the rights of creative artists," the company said in a statement.
The ruling upholds Stanton's original decision from June 2010 and leaves in place the current understanding of the Digital Millennium Copyright Act of 1998. Stanton also ruled that YouTube did not act with "willful blindness" to the issue, noting that in 2007 it removed 100,000 videos in one day after being notified by Viacom they were infringing.
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US man pleads guilty to supporting terrorism
Breaking Legal News |
2013/04/20 00:57
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A man who the FBI said wanted to wage violent jihad in Africa pleaded on guilty on Friday to a charge of conspiracy to provide material support to terrorists.
Randy Lamar Wilson, 26, pleaded guilty in federal court in Mobile. Under a plea agreement with prosecutors, he could face 15 years in federal prison, contingent on the information he provides about co-conspirators. U.S. District Judge Kristi DuBose set an Oct. 18 sentencing date for Wilson.
Wilson was arrested in December at the Atlanta airport while boarding a flight with his family to Mauritania.
The same day, agents arrested 25-year-old Mohammad Abdul Rahman Abukhdair, Wilson's former business partner. Charges against Abukhdair are still pending and his trial is set for August.
Federal prosecutors portrayed Wilson as an Islamic radical who wanted to reunite with Omar Hammami, an American who also grew up in Alabama and became one of the most well-known jihadists in Somalia.
Wilson told DuBose on Friday that he believed the |
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Appeals court hears challenge to gay therapy ban
Court Watch |
2013/04/18 00:56
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California's novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government. It's the "pivot point" of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday. Morgan and two other judges on the nation's largest federal appellate court considered 90 minutes of legal arguments over the ban on "sexual-orientation change" counseling of minors, which other states are considering. The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later. The law was to go into effect Jan. 1, but the court put it on hold pending its decision. Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products. He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy. |
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Court shoots down Yakama tobacco company lawsuit
Breaking Legal News |
2013/04/12 15:08
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A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies.
The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.
King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.
U.S District Judge Lonny Suko ruled against the company on Friday. |
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High court poised to upend civil rights policies
Law Promo News |
2013/04/02 10:00
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Has the nation lived down its history of racism and should the law become colorblind?
Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.
In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.
The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.
The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory. |
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