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Appeals court upholds convictions in Fort Dix plot
Law Center |
2011/12/28 06:32
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A federal appeals panel on Wednesday upheld the convictions and sentences of five Muslim men accused of planning to attack Fort Dix or other military bases, though it threw out a charge against one defendant.
The main issue was prosecutors' use of wiretaps obtained under the Foreign Intelligence Surveillance Act, a part of the Patriot Act aimed largely at gathering foreign intelligence.
The recordings were a major piece of a 2½-month trial for the five men, all Muslim immigrants who grew up in the New Jersey suburbs of Philadelphia.
The men — Mohamad Shnewer, Serdar Tatar, and brothers Dritan, Eljvir and Shain Duka — were arrested in May 2007. In 2008, a federal jury in Camden, N.J., convicted them of conspiring to kill U.S. military personnel at Fort Dix. All but Tatar are serving life terms.
Defense lawyers said it was unconstitutional to use the recordings in a domestic criminal case and that it may have been impossible to convict the men without the evidence.
But in a unanimous ruling written by Judge Marjorie O. Rendell, a three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals disagreed. The challenged search "was conducted in objectively reasonable reliance on a duly authorized statute," and therefore admissible at trial, Rendell wrote.
Another major issue came from an error that federal prosecutors acknowledged in January: Three of the men were convicted of attempted possession of firearms in furtherance of a crime, but the law in question does not have a provision that outlaws attempted possession.
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Pomerantz Law Firm Has Filed a Class Action
Class Action |
2011/12/27 16:25
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Shareholders of Pain Therapeutics, Inc. are reminded of the securities class action lawsuit filed against PTIE and certain of its officers. The class action, filed in the United States District Court, Western District of Texas, is on behalf of a class consisting of all persons or entities who purchased PTIE securities during the period from February 3, 2011 through June 23, 2011.
If you are a shareholder who purchased PTIE securities during the Class Period, you have until January 31, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.
The Complaint alleges that, during the Class Period, PTIE made false and/or misleading statements and/or failed to disclose material facts about a new drug, REMOXY. Specifically, PTIE failed to disclose that REMOXY was not approvable by the U.S. Food and Drug Administration due to chemistry, manufacturing, and control deficiencies that caused inconsistent results during laboratory tests.
www.pomerantzlaw.com. |
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Supreme Court rejects Hessler appeal
Breaking Legal News |
2011/12/26 16:25
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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Glancy Binkow & Goldberg LLP Has Filed a Class Action
Class Action |
2011/12/26 16:24
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Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been commenced in the United States District Court for the Central District of California on behalf of investors who purchased common stock of Keyuan Petrochemicals, Inc. between August 16, 2010 and October 7, 2011, inclusive alleging violations of the Securities and Exchange Act of 1934.
The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price of Keyuan’s common stock.
If you suffered a loss in Keyuan you have until January 17, 2012 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. To be a member of the class you need not take action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, by telephone at (310) 201-9150, Toll Free at (888) 773-9224, by e-mail to shareholders@glancylaw.com, or visit our website at http://www.glancylaw.com.
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Disgraced ex-journalist fights for CA law license
Law Center |
2011/12/26 16:24
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A former journalist who became the subject of a Hollywood movie after he was caught fabricating articles in the late 1990s is fighting to become a lawyer in California over the objections of a state bar committee.
Stephen Glass, whose ethical missteps at The New Republic and other magazines were recounted in the film "Shattered Glass" and an autobiographical novel, has challenged the bar committee's decision to deny him a license to practice law, the San Francisco Chronicle reported Monday.
Glass attended law school at Georgetown University and passed California's bar exam in 2007. His application for an attorney's license was turned down by the state's Committee of Bar Examiners, which judged him morally unfit for his new profession.
But an independent state bar court ruled in Glass's favor in July and the California Supreme Court has since agreed to hear the committee's appeal. No date for oral arguments has been set.
The bar association's lawyers said in written filings that even though Glass' transgressions occurred when he was in his 20s, his attempts at atonement were inadequate and in some cases coincided with the publication of his novel. They faulted him for never compensating anyone who was hurt by his falsehoods. |
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Egypt court orders prominent blogger freed
Legal Business |
2011/12/24 16:25
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An Egyptian investigative judge ordered the release Sunday of a prominent blogger detained nearly two months ago by the ruling military, which had accused him of attacking soldiers during deadly clashes in October.
Alaa Abdel-Fattah's father, Ahmed Seif, told The Associated Press his son would remain in custody for several more hours until the paperwork has been completed. He said his son has been banned from travel abroad.
Abdel-Fattah's sister, activist Mona Seif, told the AP her brother was on his way to the Egyptian capital's security headquarters where he would be freed later in the day.
Military prosecutors detained Abdel-Fattah on Oct. 30 after he refused to answer questions about their allegations that he played a role in the clashes.
The violence on Oct. 9 began when groups of stone-throwers attacked a crowd of Coptic Christians protesting an attack on a church in southern Egypt. TV footage showed the military moving in with force, including using armored vehicles to run over the crowds. |
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Lawyer: Portugal denies US appeal for fugitive
Human Rights |
2011/12/24 16:24
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Portugal's Supreme Court has refused a request from the U.S. to extradite American fugitive George Wright, his lawyer said Thursday.
Wright's lawyer Manuel Luis Ferreira said the court rejected an appeal by the U.S. against a lower court's decision that denied extradition a month ago.
"The Supreme Court has denied the appeal," Ferreira told The Associated Press. "They notified me today."
The U.S. can now appeal to Portugal's Constitutional Court if it chooses to.
Ferreira said he did not have details of the ruling. In Portugal, extradition cases are conducted in secret. Ferreira said Wright intends to remain in Portugal.
A Lisbon judge decided against Wright's extradition in November, two months after he was captured in Portugal following four decades on the run.
The U.S. Justice Department filed an appeal less than two weeks later.
Supreme Court officials weren't available to comment after office hours Thursday, and the U.S. Justice Department did not immediately reply to an email seeking comment.
The lower court judge had ruled that Wright, 68, had become a Portuguese citizen and that the statute of limitations on his 15- to 30-year sentence for a robbery-murder in New Jersey had expired, according to Ferreira. |
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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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