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Ex-DEA agent pleads not guilty in shredding case
Court Watch | 2009/09/18 08:52

A former drug enforcement official employed by accused swindler Allen Stanford has pleaded not guilty to charges that he illegally ordered shredding of documents in the fraud case.

Thomas Raffanello entered the plea Friday in federal court in Fort Lauderdale. The 61-year-old Raffanello rose to became head of global security at Stanford Financial Group after leaving five years ago as chief of Miami's U.S. Drug Enforcement Administration office.

Prosecutors say Raffanello illegally supervised destruction of Stanford records despite a court order that they be preserved. The three charges against Raffanello carry a combined maximum prison sentence of 30 years.

Raffanello's attorney says his client is innocent and that the destroyed documents were only duplicates.



Indiana court strikes down tough voter ID law
Breaking Legal News | 2009/09/18 08:51

The state Court of Appeals on Thursday struck down an Indiana law requiring government-issued photo identification for voters, overturning on state constitutional grounds a strict law previously upheld by the U.S. Supreme Court.

Considered one of the nation's toughest voter identification laws, it requires that a state or federal photo ID card be presented at the ballot box. Critics have said it disenfranchises some poor, older and minority voters. Supporters contend it is needed to prevent voter fraud at the polls, which critics say is rare.

Republican Gov. Mitch Daniels called Thursday's 3-0 ruling "an act of judicial arrogance."

"It would be one thing if this thing had not already been litigated from the bottom up through the federal system, and multiple court rulings — including the Supreme Court of the United States — hadn't already spoken," Daniels said.

The Indiana Democratic Party previously challenged the law in federal court, saying it violated the U.S. Constitution. But the nation's highest court upheld 6-3 in April 2008.

The League of Women Voters then challenged the law in state courts, arguing it violated the Indiana Constitution by imposing a requirement on some, but not all, voters.

A Marion County judge dismissed the suit in December, but the League appealed, and this time a panel of judges ruled in its favor. In a 29-page ruling, Judge Patricia A. Riley wrote that the trial court must declare the law void because it regulates voters in a way that is not "uniform and impartial."

The judges held that it was irrational to require those who vote in person to verify their identities when those who vote by mail are not required to do so even though absentee voting is more susceptible to fraud. The panel also said the law arbitrarily gives preferential treatment to people who vote in nursing homes where they live because they aren't required to show a photo ID even though other elderly people who vote elsewhere must.

While the nursing home discrepancy could be remedied easily by requiring those residents to present ID, the treatment favoring absentee voters might require legislation to fix, the judges said.



Sands Anderson Marks & Miller spins off group
Legal Business | 2009/09/18 07:55

Sands Anderson Marks & Miller, a regional law firm based in Richmond, plans to spin off its workers’ compensation practice group as a separate company.

A name has not been chosen.

“We are looking for more flexibility to follow the market and keep our clients at the cutting edge of the best service we can give,” said Cecil Creasey, chairman of the workers’ comp group and one of four partners that will head up the new firm.
Creasey did not get into financial terms but said that they reached a very “equitable arrangement” with Sands Anderson. He said he expects the law firm to be independent of Sands Anderson by the end of the year.

The firm will employ 25 to 30 people, including attorneys, paralegals and staff, most of whom will come from the existing practice. It will have offices in Richmond and Blacksburg. Creasey said they are searching for office space.

The workers’ comp unit has 10 attorneys, about 13 percent of Sands Anderson’s roster of 75. Creasey said the unit handles hundreds of cases a year.

Companies often spin off into separate entities, but it is fairly unusual for law firms to do so. Typically lawyers leave a firm and start from scratch.

Sand Anderson was formed about 150 years ago in Richmond and has five offices in Virginia and North Carolina. According to Virginia Lawyers Weekly, the firm is the state’s seventh largest.



Burglar pleads guilty in NYC cop-shoots-cop case
Breaking Legal News | 2009/09/18 04:52

A man has pleaded guilty to breaking into the car of an off-duty New York City police officer who was then killed in a friendly fire shooting.

Miguel Goitia pleaded guilty Wednesday to criminal mischief. He will serve 1 1/2 to 3 years in prison.

Officer Omar Edwards was killed May 28 by Officer Andrew Dunton, who spotted the 25-year-old officer chasing the thief with his gun drawn.

Dunton apparently mistook the off-duty officer for an armed suspect and shot him.

The shooting raised questions about racial profiling. Edwards was black and Dunton is white.

Last month, a grand jury voted not to indict Dunton in the shooting.



Lab tech arrested in Yale killing arrives at court
Criminal Law | 2009/09/17 09:25
A lab technician charged with murdering a Yale grad student is in court for arraignment.

Raymond Clark III arrived at court in New Haven just after 10 a.m. escorted by police with his hands cuffed behind his back.

Clark was arrested Thursday at a hotel and charged with murdering Annie Le, whose body was found stuffed in the wall of a research building on what would have been her wedding day.

Police say it was a case of workplace violence, but didn't elaborate.

Police had been waiting outside the Super 8 hotel in Cromwell, about 25 miles north of the Ivy League campus, where Clark got a room shortly after being released from police questioning in the death of the 24-year-old student.



Indians ask Supreme Court if 'Redskins' offends
Legal Spotlight | 2009/09/17 09:25
A group of American Indians who find the Washington Redskins' name offensive wants the Supreme Court to take up the matter.

The group on Monday asked the justices to review a lower court decision that favored the NFL team on a legal technicality.

Seven Native Americans have been working through the court system since 1992 to have the Redskins trademarks declared invalid. A U.S. Patent and Trademark Office panel ruled in their favor in 1999. But they've been handed a series of defeats from judges who ruled that the plaintiffs waited too long to bring their suit in the first place.

A lawyer for the group says he'd like to see the highest court decide whether the Redskins' name defames Native Americans.



Calif. courts shuttered Wednesday to save money
Law Center | 2009/09/17 09:24

The doors are closed at the California Supreme Court, the tiny courthouse in Alpine County and every state courthouse in between in an unprecedented attempt to close a historic budget deficit.

The Judicial Council, which oversees California's courts, plan to shutter the courts on the third Wednesday of every month from September through July. The move is expected to save the state $84 million.

The closures will cost 20,000 court employees a day's pay each month.

The state's 1,700 judges are protected by state law from having their paychecks altered and are exempt from the cuts. Chief Justice Ron George says all seven high court justices have voluntarily given up a day's pay and that a large number of other judges have followed suit.



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