|
|
|
Supreme Court rejects appeal from Virginia killer
Court Watch |
2010/01/26 04:50
|
A new execution date could be set soon for death-row inmate Paul Warner Powell, whose most recent appeal was rejected yesterday by the U.S. Supreme Court.
Powell, 31, twice has been sentenced to death for the Jan. 29, 1999, murder of Stacie Lynn Reed, 16, in her Manassas-area home. After killing Stacie, he raped and cut the throat of her 14-year-old sister, Kristie, who survived.
Last July, a day before he was to die in the electric chair, the justices halted the execution until they decided whether to hear his appeal. His petition was denied yesterday without comment.
"Praise God," the Reeds' mother, Lorraine Reed Whoberry, wrote in an e-mail when she learned of the court's decision.
Whoberry, who lives in Ohio, has said she has forgiven Powell but also believes the sentence should be carried out.
It is not known when a new execution date will be set. |
|
|
|
|
|
Yale killing suspect plans to plead not guilty
Criminal Law |
2010/01/26 04:49
|
An animal research technician charged with killing a Yale graduate student is expected to plead not guilty.
Twenty-four-year-old Raymond Clark III is scheduled to appear in New Haven Superior Court on Tuesday.
Joe Lopez, Clark's attorney, said Clark also plans to waive his right to a probable cause hearing at which prosecutors would have to prove they have enough evidence to justify the murder charge.
Clark is charged with killing 24-year-old Annie Le of Placerville, Calif., whose body was found behind a Yale research lab wall in September. An autopsy determined she was strangled.
Le vanished Sept. 8 from the Yale medical school research building where she and Clark worked, and her body was found five days later, on what was to be her wedding day. |
|
|
|
|
|
Court Stops NYC Suit Vs. Online Cigarette Vendor
Breaking Legal News |
2010/01/26 04:48
|
The Supreme Court has ruled against New York City in its effort to use federal racketeering law to sue Internet cigarette sellers for lost tax revenue.
By a 5-3 vote Monday, the court ended the city's lawsuit against Hemi Group, a New Mexico-based company that sells cigarettes online.
New York taxes the possession of cigarettes but finds it difficult to collect those taxes from Internet sales. The city says it loses millions of dollars in tax revenues from online sales.
Sellers like Hemi are not required to charge or collect the taxes, but they are supposed to provide information about their customers to states.
New York's lawsuit under the Racketeer Influenced and Corrupt Organizations Act accused Hemi of fraud for failing to provide the customer information.
The court said Monday that the city cannot use the racketeering law to collect tobacco taxes from Hemi.
Chief Justice John Roberts and Justices Samuel Alito, Ruth Bader Ginsburg, Antonin Scalia and Clarence Thomas formed the majority.
Justice Sonia Sotomayor did not take part in the case because it came from the federal appeals court in New York on which she served before her elevation to the high court. |
|
|
|
|
|
Supreme Court Voids Campaign Spending Curbs
Political and Legal |
2010/01/22 09:09
|
A divided U.S. Supreme Court struck down decades-old restrictions on corporate campaign spending, reversing two of its precedents and freeing companies to conduct advertising campaigns that explicitly try to sway voters. The 5-4 majority, invoking the Constitution's free-speech clause, said the government lacks a legitimate basis to restrict independent campaign expenditures by companies. The ruling went well beyond the circumstances in the case before the justices, a dispute over a documentary film attacking then-presidential candidate Hillary Clinton. "When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought," Justice Anthony Kennedy wrote for the majority. "This is unlawful. The First Amendment confirms the freedom to think for ourselves." Companies, which had been barred since 1947 from using general-treasury dollars in support of or in opposition to a candidate, now can spend millions of dollars on their own campaign ads, potentially punishing or rewarding lawmakers for their votes on legislation. Labor unions, though they weren't directly at issue in the case, have been subject to the same restrictions and may also now expand their political spending. |
|
|
|
|
|
California: Court Rejects Marijuana Limit
Court Watch |
2010/01/22 07:11
|
The State Supreme Court struck down a law that sought to limit the amount of marijuana a medical patient can legally possess. The court, in a unanimous decision, ruled that state lawmakers were wrong to change provisions of a voter-approved proposition in 1996 that allowed patients with a doctor’s recommendation to possess an unspecified amount of marijuana.
The Legislature mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana. The Supreme Court said only voters could change amendments that they have added to the St |
|
|
|
|
|
Pool maker Latham says court OKs bankruptcy plan
Bankruptcy |
2010/01/22 06:11
|
Latham International, which makes swimming pools and parts such as liners, steps and ladders, said on Friday that a bankruptcy court approved a debt restructuring plan that will put the company into the hands of its lendersate Constitution through the initiative process. Latham said it expects to come out of bankruptcy during the next few days. The Latham, New York, company filed for bankruptcy in December in Delaware with a so-called prearranged plan in place that had the backing of the lenders that will now own it, including Littlejohn & Co, a private equity firm in Greenwich, Connecticut.
|
|
|
|
|
|
Court Sides With Trojans in "USC" Logo Dispute
Patent Law |
2010/01/21 09:23
|
After further review, the U.S. Patent and Trademark review board's decision stands. A federal appeals court rejected South Carolina's petition to use the letters "USC" on the Fighting Gamecocks baseball team's uniforms. The decision upholds the Patent and Trademark Office board's ruling regarding the University of Southern California's claim to the logo. Scott Edelman, an attorney representing USC, -- the LA USC -- said the ruling protects the school's "primary athletic mark." He said the logo, used on team clothing and equipment, brings in significant revenue. Nobody would confuse a Trojan for a Gamecock, but he said people might mistake South Carolina merchandise for Trojan merchandise if the garnet-and-black of South Carolina and the cardinal-and-gold of Southern California both carried the same "USC" logo.
|
|
|
|
|
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. |
Law Firm Directory
|
|