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SC high court says gov's ethics probe is public
Breaking Legal News | 2009/11/06 02:28

South Carolina's Supreme Court ruled Thursday that an ethics investigation into Gov. Mark Sanford's travel must be made public, clearing the way for lawmakers considering impeachment to review a report on the probe.

Sanford's lawyers had tried keep a report on a criminal investigation by the State Ethics Commission from being released to the House of Representatives as leaders there decide whether to move forward with impeachment efforts.

The commission's investigation was launched after Sanford returned from a five-day rendezvous with an Argentine lover in June that prompted investigations by The Associated Press into his travel practices. The AP found Sanford used state airplanes for personal and political purposes; used pricey commercial travel despite a state low-cost travel requirement; and didn't report private plane trips given by friends and donors.

Sanford's spokesman and lawyers, as well as Ethics Commission Director Herb Hayden, did not immediately respond to questions.

The governor said shortly after the investigation began that he would waive confidentiality rights, but his lawyers later argued he only intended to allow the scope of the investigation to be released. Attorneys wanted Sanford to have a chance to respond to the report before lawmakers saw it.



DC sniper calls himself 'this innocent black man'
Breaking Legal News | 2009/11/05 06:06

Attorneys for John Allen Muhammad released a May 2008 letter on Wednesday in which the mastermind of the deadly 2002 sniper attacks in the Washington, D.C., area proclaims his innocence.

The rambling, handwritten letter was made available because of requests for a statement from Muhammad, his attorneys wrote on the Web page of their law firm. The letter was filed in federal court in connection with Muhammad's unsuccessful attempt to block his execution, the attorneys said.

Muhammad, 48, is scheduled to die by injection on Nov. 10 at a Virginia prison.

In the letter dated May 8, 2008, and rife with misspellings, Muhammad writes of discussions with a new team of attorneys and of assurances that "exculpatory evidence" that he claims was withheld from his trial "will prove my innocent and what really happen ...."

The letter adds: "So all you police and prosecutors can stand-down-'rushing' to murder this innocent black man for something he nor his son (Lee) had nothing to do with ...."

Lee Boyd Malvo was Muhammad's teenage accomplice, who is serving a life sentence. Muhammad fostered a father-son relationship with Malvo but the two were not related.



Mich. man wins appeal to get name off sex registry
Court Watch | 2009/11/05 02:05

The Michigan Court of Appeals says a man who had a teenage romance with a girl he later married doesn't deserve to be on the state's sex offender list.

Robert Dipiazza had a consensual relationship when he was 18 with a nearly 15-year-old in 2004. A teacher contacted authorities because the age of consent is 16 in Michigan.

A third-degree attempted criminal sexual conduct charge was eventually erased from his record, but he still had to register as a sex offender. He says he had trouble finding jobs and became depressed.

The state appeals court on ordered a Muskegon County judge to strike his name from the registry, calling it cruel punishment. Dipiazza and his girlfriend were married in April and had a baby during the summer.



Buffett’s Burlington Breakup Fee Shows Confidence
Mergers & Acquisitions | 2009/11/04 08:52

Berkshire Hathaway Inc., the company that agreed to buy Burlington Northern Santa Fe Corp. in its biggest takeover, accepted a lower-than-usual breakup fee in a sign Warren Buffett expects no one will top his bid.

Berkshire will receive $264 million if Burlington, the biggest U.S. railroad, cancels the agreement, according to a filing yesterday. That’s less than 1 percent of the deal’s value including net debt and compares with the 2 percent to 3 percent that is typical of these deals, said Elizabeth Nowicki, a professor at Tulane University Law School.

“Berkshire recognizes there’s a very, very small chance Burlington is going to have the desire or the opportunity to back out,” Nowicki, who is a former mergers and acquisitions lawyer at New York-based Sullivan & Cromwell LLP, said in an interview. “In this difficult economy, I doubt the Burlington board is going to have other bidders wanting to acquire them.”

Buffett, who built Berkshire over more than four decades, is taking on debt and spending the company’s cash as the economic crisis curbs expansion at some U.S. firms. Berkshire agreed to pay $26 billion for the 77.4 percent of Fort Worth, Texas-based Burlington it didn’t already own and assume $10 billion in net debt.



Calif. court to hear challenge to Jessica's Law
Breaking Legal News | 2009/11/04 08:48

The California Supreme Court is set to hear arguments challenging a key section of a law aimed at protecting children from sexual predators.

Jessica's Law prohibits registered sex offenders from living within 2,000 feet of a school or park.

It mandates that all those paroled after Nov. 8, 2006 — when the law took effect — must comply or face more jail time.

The case to be heard Tuesday claims the requirement violates the constitutional rights of sex offenders.

Four registered sex offenders have sued the state, arguing the law makes it impossible to find a place to live.



DC sniper asks Supreme Court to block execution
Court Watch | 2009/11/04 08:46

Attorneys for John Allen Muhammad, mastermind of the 2002 sniper attacks in the Washington, D.C., area that left 10 dead, asked the U.S. Supreme Court on Tuesday to stop his execution.

The 48-year-old Muhammad is scheduled to die by injection on Nov. 10 at a Virginia prison. In court papers, his attorneys say the execution should be put off while the court considers whether his trial lawyer was ineffective.

Muhammad was convicted of killing Dean Harold Meyers at a Manassas, Va., gas station during a three-week spree in October 2002 that spanned Maryland, Virginia and the District of Columbia.

Muhammad and his teenage accomplice, Lee Boyd Malvo, were also suspected of fatal shootings in other states, including Louisiana and Alabama. Malvo is serving a life sentence.

Muhammad's lawyers also have asked Virginia Gov. Timothy M. Kaine for clemency, saying Muhammad is mentally ill and should not be executed.



Swiss court to assess Polanski bail appeal
International | 2009/11/04 07:47

Roman Polanski has re-appealed to the Swiss courts to be released from prison on bail, officials said Tuesday, the latest step in the director's protracted legal battle to avoid extradition to the United States.

The Swiss Criminal Court declined to comment on the contents of the appeal, but the Justice Ministry said it was an offer that the government has already turned down in part because it lacked a cash guarantee.

Folco Galli, the Justice Ministry spokesman, said it was an appeal of a release request that was rejected last week. Such re-appeals are common under Swiss law.

The 76-year-old filmmaker has suffered a string of setbacks since he was arrested Sept. 26 in Zurich as he arrived to receive a lifetime achievement award from a film festival. Authorities in Los Angeles want him extradited for having sex in 1977 with a 13-year-old girl.

The court confirmed Tuesday that it received the appeal, a day after a lawyer for Polanski said the request had been filed and included adequate guarantees that he would not flee justice if released. Attorney Herve Temime had earlier said the appeal would include a significant cash amount, but did not repeat the claim on Monday.



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