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Polanski stuck in jail; must pay full $4.5M
Breaking Legal News | 2009/11/30 03:20

Roman Polanski remained in jail Monday, despite visits from his lawyer and a French diplomat, and it was unclear if the director had met Switzerland's demand of a full bail payment of $4.5 million to be released.

The Swiss Justice Ministry declined to say what guarantees Polanski needed to give to be transferred from the jail near Zurich to house arrest at his chalet in the luxury resort of Gstaad.

In addition to bail, the 76-year-old filmmaker must surrender his identity papers and be fitted with an electronic monitoring bracelet. He would not be allowed to leave his property as he awaits a decision on whether he will be extradited to the U.S. for having sex in 1977 with a 13-year-old girl.

"The bail must be wired to a bank account, and the bank must then notify us that it has received the bail," ministry spokesman Folco Galli said. "Nothing happens before that."

The full bail payment is standard practice in Switzerland, Galli said.

That is different from other countries such as the United States, where bail bondsmen often post a percentage of the total payment required by a court.

Polanski has been in Swiss custody since being arrested Sept. 26 on a U.S. warrant as he arrived in Zurich to receive a lifetime achievement award at a film festival. Authorities in Los Angeles want him returned to be sentenced after 31 years as a fugitive.



Ariz. gov, lawmakers slam cities on budget lawsuit
Political and Legal | 2009/11/25 08:58

Arizona Gov. Jan Brewer and top Republican legislators blasted Arizona municipalities for going to court to challenge the constitutionality of parts of a budget law, including provisions that deny government services and benefits to illegal immigrants.

The lawsuit filed by the League of Arizona Cites and Towns amounts to siding "with lawbreakers over lawkeepers," said Sen. Russell Pearce, a Mesa Republican who championed the provisions targeting illegal immigration.

Pearce appeared with Brewer, Senate President Bob Burns and House Speaker Kirk Adams at a news conference on Tuesday, one day after the league's lawsuit asked the Arizona Supreme Court to overturn multiple sections of the budget law, which lawmakers passed in August and Brewer signed Sept. 4.

The governor said it was "outrageous and shocking" that the league would challenge the budget law and its immigration provisions "at a time when Arizona is suffering from budget deficits of unprecedented proportions and the state is struggling to meet the basic needs of its citizens."

The illegal immigration section toughened existing prohibitions on providing services or benefits to illegal immigrants. It also makes it a misdemeanor for a state or local government employee to fail to report immigration law violations detected while administering a public benefit or service, and it allows anyone to sue the state or local governments to enforce the prohibitions.



Federal court allows Dec. 8 execution in Ohio
Breaking Legal News | 2009/11/25 08:56

A federal court has ruled that an execution set for Dec. 8 can go forward due to a change in Ohio's lethal injection policies.

The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday that the change renders moot Kenneth Biros' argument that the state's former policy using a three-drug vein injection is unconstitutional.

A U.S. District Court judge had temporarily delayed Biros' execution after the governor halted the lethal injection of another inmate in September because prison staff could not find suitable veins.

The state last week announced that it was changing its protocol, effective Nov. 30, to use a one-drug vein injection with a backup two-drug muscle injection.

A message seeking comment was left for Biros' attorney Wednesday morning.



Toyota to replace 4M gas pedals that could jam
Consumer Rights | 2009/11/25 07:58

Toyota Motor Corp. said Wednesday it will replace accelerator pedals on about 4 million recalled vehicles in the United States because the pedals can get stuck in the floor mats.

As a temporary step, Toyota will have dealers shorten the length of the gas pedals beginning in January while the company develops replacement pedals for their vehicles, the Transportation Department and Toyota said. New pedals will be available beginning in April, and some vehicles will have brake override systems installed as a precaution.

Popular vehicles such as the Toyota Camry, the top-selling passenger car in America, and the Toyota Prius, the best-selling gas-electric hybrid, are among those recalled. Also included is the luxury Lexus ES350, the model in a fiery fatal accident in California that focused public attention on the danger.

Toyota, the world's largest automaker, announced the massive recall in late September and told owners to remove the driver's side floor mats to prevent the gas pedal from potentially becoming jammed. The recall and extensive fix is the latest problem to confront the Japanese automaker's sterling reputation for quality during a period of rapid growth, and it prompted top executives to push for improved quality controls.

"The safety of our owners and the public is our utmost concern and Toyota has and will continue to thoroughly investigate and take appropriate measures to address any defect trends that are identified," Toyota said in a statement.



Gay marriage momentum stalls in liberal NY, NJ
Breaking Legal News | 2009/11/25 04:56

The state-to-state march to legalize gay marriage across the left-leaning Northeast has lost more momentum since a major setback three weeks ago at the ballot box in Maine.

Since then, legislatures in New York and New Jersey have failed to schedule long-expected votes on bills to recognize the unions in those states.

"If they are unable to pass gay marriage in New York and New Jersey, combined with the loss in Maine, it will confirm that gay marriage is not the inevitable wave of the future," said Maggie Gallagher, president of the National Organization for Marriage, which mobilizes social conservatives to fight against same-sex unions.

Gay rights activists insist that's not the case and say hope is still alive.

"In any civil rights struggle there are going to be periods of creeping and periods of leaping," said Evan Wolfson, executive director of Freedom to Marry.

This decade has had some of both across the country. The most significant was the leap the issue made from abstraction to reality in 2003 when the Massachusetts Supreme Court ruled that gay couples had the right to get married.



NY can seize property for new NJ Nets arena
Court Watch | 2009/11/25 03:58

New York's top court ruled Tuesday that the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn that includes a new arena for the New Jersey Nets.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim the seizure is unconstitutional. They argue that developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

"The constitution accords government broad power to take and clear substandard and insanitary areas for redevelopment," Chief Judge Jonathan Lippman wrote for the majority. "In so doing, it commensurately deprives the judiciary of grounds to interfere with the exercise."

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets. A key element in his plan is selling majority team ownership to Russian entrepreneur Mikhail Prokhorov.



Court: Ky. must readopt lethal injection proto
Law Center | 2009/11/25 02:56

The Kentucky Supreme Court has ruled that the state improperly adopted its three-drug method of lethally injecting condemned inmates.

The court says in a ruling issued Wednesday that the state must go back and readopt the method because officials did not follow state administrative procedures. That includes holding public hearings.

The challenge was brought by three death row inmates.

Kentucky's lethal injection method was previously challenged by one of the inmates, Ralph Baze.

That case rose all the way to the U.S. Supreme Court and led all the states who use a similar method to Kentucky to halt lethal injections until it was upheld.

Wednesday's ruling does not affect the validity of the three-drug method.



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