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Boult Cummings veterans to start new law firm
Legal Marketing | 2008/05/22 01:47

Three attorneys with ties to one of the largest law firms in the city are branching out on their own. Gino Bulso and George Nolan, trial lawyers at Boult Cummings Conners & Berry PLC will team up with Bill Leader, a former member of Boult Cummings, to form a new firm specializing in trial and appellate court practice.

Initially the firm will be named Leader & Bulso PLC. The name will change to Leader, Bulso & Nolan PLC when George Nolan leaves Boult Cummings to join the new practice on July 15.

The three partners have more than six decades of legal experience and have brought about 200 cases to verdict. Boult Cummings is embracing the move.

"Gino and George have spent many years at Boult Cummings and have provided great service to us and our clients," says Jay Hardcastle, managing director of Boult Cummings.

"They are both outstanding attorneys who have contributed so much to our firm. We will miss them, but are very happy and supportive of their decision to join Boult Cummings alumnus, Bill Leader, to form a new law firm. We know that they will remain great friends of the firm."

Leader worked as a trial lawyer at Boult Cummings for 18 years and is the senior attorney at Leader & Associates PLC. He concentrates primarily in personal injury litigation.

Gino Bulso is a 22-year Boult Cummings veteran. His practice focuses on business and commercial litigation in state and federal courts. He is admitted to practice before all state courts in Tennessee and before the U.S. Supreme Court, the U.S. Courts of Appeals for the 6th, 7th and 11th Circuits, and the U.S. District Courts for the Middle District of Tennessee, the Eastern and Western Districts of Arkansas, the Southern District of Texas, the Southern District of California, the District of Maine, and the Eastern District of Wisconsin.

Nolan has practiced at Boult Cummings for 17 years. He specializes in tort litigation with an emphasis on automobile collision, medical malpractice, product liability, premises liability, and fraud suits.

He also maintains an active practice in the areas of business litigation, insurance coverage litigation, environmental litigation, and eminent domain litigation.

The firm will be located on the 17th floor of the Bank of America building.



Sex tape shown to jurors, court in R. Kelly trial
Breaking Legal News | 2008/05/21 07:58
Prosecutors played the sex tape at the center of R. Kelly's child pornography trial in open court Tuesday, just hours after opening statements in which they accused the R&B singer of choreographing and starring in a video featuring "vile, disturbing and disgusting sex acts" with an underage girl.

The jurors, who took feverish notes during opening statements, sat motionless while the video played. Their eyes fixed on a 4-by-4-foot monitor just outside the jury box. In the courtroom, the lights were dimmed and blinds drawn across windows. There were several other monitors in the room, including one facing the crowded gallery.

A grim, intent Kelly watched the whole video on a small monitor placed on the defense table, only occasionally averting his eyes. At times, the 41-year-old rocked in his chair or rested his chin in his hand.

Before putting the tape into a videocassette player, a prosecutor walked across the stately courtroom, held it out for the defense team to see and entered it into the record as "People's Exhibit No. 1."

The roughly 27-minute homemade video shows a man having sex with a young female, who is naked for most of the recording — except for a necklace with a cross dangling from it.



Court strikes down Va. late-term abortion ban
Law Center | 2008/05/21 05:59
A Virginia law banning a type of late-term abortion is still unconstitutional, even though a similar federal ban was upheld by the U.S. Supreme Court, a federal appeals court ruled Tuesday.

The 2-1 decision by a panel of the 4th U.S. Circuit Court of Appeals affirms the same court's 2005 ruling striking down the law. The Supreme Court had ordered the appeals court to take another look at Virginia's statute after the ruling on the federal ban.

The appeals court cited a key difference between the federal and state bans on the procedure that abortion opponents call "partial-birth abortion." The federal law protects doctors who set out to perform a legal abortion that by accident becomes the banned procedure. The Virginia statute provides no such protection.

The state has two weeks to ask the full federal appeals court to review the ruling, or 90 days to appeal to the Supreme Court. The attorney general's office "is reviewing all possible courses of action," spokesman J. Tucker Martin said.

The state law is unconstitutional "because it imposes an undue burden on a woman's right to obtain an abortion," Judge M. Blane Michael wrote in the majority opinion, joined by Judge Diana Gribbon-Motz.



NY woman pleads guilty in adoption scam of 11 kids
Criminal Law | 2008/05/21 05:00
A woman admits to using false names to adopt 11 disabled children in New York City and rake in more than $1 million in subsidies over two decades.

Judith Leekin agreed to forfeit the subsidy money as she pleaded guilty to federal fraud charges Tuesday. She did not make any admissions in a separate abuse case in Florida.

She is accused of beating and starving the children in her Florida home. They moved to that state in 1998.

The 63-year-old Leekin also admitted she sent officials a phony report card documenting a child's progress.  She could face up to eight years in prison on the federal mail and wire fraud charges.



Court upholds part of child pornography law
Court Watch | 2008/05/20 08:48
The Supreme Court ruled Monday that leading someone to believe you have child pornography to show or exchange is a federal crime, brushing aside concerns that the law could apply to mainstream movies that depict adolescent sex, classic literature or even innocent e-mails that describe pictures of grandchildren.

The court, in a 7-2 decision, upheld a law aimed at cracking down on the flourishing online exchange of illicit images of children.

Joan Bertin, executive director of the National Coalition Against Censorship, said Justice Antonin Scalia's narrow reading of the law in his majority opinion should result in "considerably less damage than it might otherwise have done." But Bertin said aggressive prosecutors still could try to punish people for innocent activity and put them "through a terrible ordeal."

The ruling upheld part of a 2003 law that also prohibits possession of child pornography. It replaced an earlier law the court had struck down as unconstitutional.

The new law sets a five-year mandatory prison term for promoting, or pandering, child pornography. It does not require that someone actually possesses child pornography.

Opponents have said the law could apply to movies like "Traffic" or "Titanic" that depict adolescent sex or the marketing of other material that may not be pornography.

Scalia, in his opinion for the court, said the law takes a reasonable approach to the issue by applying it to situations where the purveyor of the material believes or wants a listener to believe that he has actual child pornography.

First Amendment protections do not apply to "offers to provide or requests to obtain child pornography," Scalia said.

Likewise, he said, the law does not cover "the sorts of sex scenes found in R-rated movies."

Justice David Souter, joined by Justice Ruth Bader Ginsburg, dissented. Souter said promotion of images that are not real children engaging in pornography still could be the basis for prosecution under the law. Possession of those images, on the other hand, may not be prosecuted, he said.

"I believe that maintaining the First Amendment protection of expression we have previously held to cover fake child pornography requires a limit to the law's criminalization of pandering proposals," Souter said.

Scalia said the law would not apply to a situation in which both sender and recipient were talking about virtual images, not real pictures.

Jay Sekulow, a conservative public interest lawyer who filed a brief on behalf of members of Congress in favor of the law, said the decision reflects the importance of trying to cut down on child pornography on the Internet.

"The court understood, perhaps for the first time, how difficult and troubling the proliferation of online pornography is," said Sekulow, of the American Center for Law and Justice.



Man due in court in NC state investigator's death
Criminal Law | 2008/05/20 08:46
A Charlotte insurance agency owner charged in the death of a North Carolina state insurance investigator is set to appear in court.

Authorities say 40-year-old Michael Arthur Howell (HOW'-el) of Indian Trail is charged with first-degree murder in the death of 44-year-old Sallie Rohrbach (RAW'-bak). Howell's initial court appearance will be held Monday afternoon in Superior Court in Charlotte.

Charlotte-Mecklenburg police continue to look for Rohrbach's body.

Ronhrbach is a Department of Insurance investigator who traveled to Charlotte early last week to audit Howell's Dilworth Insurance Agency. When family and co-workers didn't hear from her by Friday, they called police.

Authorities say Rohrbach's slaying was connected to her duties as an auditor, and that evidence was found in both her car and Howell's vehicle.



Iraqi court resumes trial of Saddam lieutenant
International | 2008/05/20 06:46
An Iraqi court has resumed hearing the case against Tariq Aziz and seven other former regime officials who face charges in the 1992 execution of dozens of merchants.

Aziz, 72, is the former deputy prime minister and one of Saddam Hussein's best-known lieutenants. He walked into the court Tuesday using a cane.

The other defendants include Saddam's cousin Ali Hassan al-Majid, known as Chemical Ali. He already was sentenced to death in another case.

They are facing charges stemming from the 1992 executions of 42 merchants accused by Saddam's government of profiteering when the country was under strict U.N. sanctions. They face the death penalty if convicted.



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