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Court lifts stays of execution for 3 death row inmates
Breaking Legal News | 2008/04/21 12:52
Prosecutors moved quickly Monday to set new execution dates for three death-row inmates, hours after the Supreme Court lifted a reprieve it granted last fall so it could consider the constitutionality of lethal injection.

The court blocked the executions of Thomas Arthur of Alabama, Earl Wesley Berry of Mississippi and Carlton Turner of Texas last fall while it considered a challenge to Kentucky's lethal injection procedures.

The high court ruled 7-2 last week that the procedures are not cruel, and the justices' last-minute orders temporarily sparing the three inmates automatically expired when the justices denied their appeals Monday.

Lisa Smith, a Dallas County assistant district attorney who handles capital cases, said Monday that the execution of Turner, who was convicted of killing his parents, likely will be set for summer.



Can murder victim's statements be used at trial?
Criminal Law | 2008/04/21 11:53
Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder trial because the woman couldn't be cross-examined.

Her absence wasn't a result of a scheduling conflict. She was dead. And Giles killed her.

Three California courts that have considered Giles' claim have said, in effect, "You must be kidding."

Now, though, the Supreme Court, in arguments scheduled for Tuesday, is hearing Giles' case to see whether the use during his trial of statements the girlfriend made to a Los Angeles police officer violated his constitutional right to confront witnesses against him.

The issue the court has agreed to resolve is when defendants forfeit that right. It is already clear that a defendant who kills someone to prevent him from testifying may not come into court and seek to exclude prior statements by the dead person.

But this case is one in which there were no charges pending against Giles when he shot Brenda Avie dead with a 9-millimeter handgun outside his grandmother's house in September 2002.

A few weeks earlier, Avie told a police officer that Giles assaulted and threatened to kill her. The officer testified about the conversation at Giles' trial, over his lawyer's objection.

Giles claimed he acted in self-defense, fearing that Avie was armed. She wasn't. Giles also testified that Avie behaved erratically and threatened to kill both him and his new girlfriend on the night she died.



Hartford Law Firm Tries Green Renovation
Legal Business | 2008/04/21 08:56

The offices of big-name law firms typically reflect a conservative corporate culture, right down to the traditional mahogany trim in partner suites.

But at the new offices of Edwards Angell Palmer & Dodge in Hartford, there won't be a bit of hardwood from endangered rain forests in sight.

The firm hopes it will become the first law firm in Connecticut to earn LEED certification for its effort to outfit its new quarters in the 20 Church St. tower in downtown Hartford with the latest green technology.

The firm is spending $4 million to renovate and furnish 28,000 square feet, most of it on the 20th floor of the 23-story structure informally known as the Stilts Building.



Attorney: Reiser not guilty of murder
Breaking Legal News | 2008/04/21 07:55
The attorney for Hans Reiser argued Monday the prosecution in his client's murder case has failed to prove Reiser killed his estranged wife — if she is even dead at all.

During his third day of closing arguments, William DuBois again told the jury that the software engineer's odd behavior after his wife went missing does not prove guilt because he is an "eccentric intellect."

DuBois told the jury how his client is not normal, and his strange behavior — such as not looking for his wife or ripping the passenger seat out of his car — does not illustrate his guilt, but rather his eccentricities.

"I've stipulated he's not normal," DuBois said. He then turned to his client and said, "Sorry, Hans, you're not normal."

DuBois said all the jury needs to do is look at the video of him explaining his computer file system at a seminar at Google to see he is a "genuine nerd" and not like most other people.

DuBois added his strange behavior "is not because he is hiding evidence, but because he is strange."

However, DuBois added if jurors do find his client guilty, they should convict him of voluntary manslaughter — not the more serious charge of murder — because the crime would have been done in the "heat of passion."

Nevertheless, DuBois' main point was that the prosecution has not proven beyond a reasonable doubt its case against Reiser.



White House challenges release of visitor logs
Politics | 2008/04/21 02:54
The Bush administration is challenging a court ruling that White House visitor logs are public documents, saying releasing the records would infringe on the separation of powers.

White House documents are normally exempt from public records laws, but a federal judge ruled in December that Secret Service visitor logs must be released. The court sided with a liberal watchdog group that sought records showing visits by prominent religious conservatives to the White House and Vice President Dick Cheney's residence.

The Bush administration appealed and lawyers were scheduled to argue the case Monday before the U.S. Court of Appeals for the District of Columbia Circuit.

Government lawyers argue the president and vice president must be able to receive visitors and solicit advice privately. They portrayed the request for Secret Service records as an end-around, saying those same logs maintained by the White House would never be considered public documents.

Citizens for Responsibility and Ethics in Washington wants to use the Secret Service documents to show the influence religious conservatives have on the Bush administration. The government argues that proves the records are related to the White House, not to the workings of the Secret Service, and should not be released.

"The prospect of each and every appointment record immediately becoming the subject of forced public disclosure would surely cast a chill over the ability of the president and vice president to collect information and advice," Justice Department lawyers wrote in court documents.

CREW lawyers reject that argument. They say the documents shouldn't be considered White House records simply because a watchdog group is trying to find out what the White House is up to. The Secret Service created and controlled the documents, the lawyers said, so they should be public.



ERIC KLEIN JOINS SHEPPARD MULLIN CENTURY CITY
Law Firm News | 2008/04/17 15:57

LOS ANGELES, April17, 2008 — Eric A. Klein has joinedthe Century City office of Sheppard Mullin Richter & Hampton LLP as a partnerin the firm's Corporate practice group.  Kleinmost recently practiced as a leader of Katten Muchin Rosenman's West CoastMergers and Acquisitions and Securities practices.  Joining Klein in Sheppard Mullin's Corporatepractice group is special counsel John J. Molloy.  Molloy also joins from Katten's Century Cityoffice. 

Klein specializes in mergersand acquisitions, equity and debt financings, private equity transactions andventure capital.  He regularly advisesclients in the healthcare, life sciences and technology industries.  Known for his creativity in the structuringof transactions, Klein represents entrepreneurial and established businesses,private equity and venture capital funds and foreign companies in their growthinitiatives. 

In the healthcare industry,Klein has recently assisted clients with strategic transactions and operationalmatters for physician-owned managed care organizations, the acquisition ofmultiple hospitals in Los Angeles and San Diego counties, obtaining CaliforniaHMO licensure under the Knox-Keene Act, the purchase and sale of healthcarecompanies by or to private equity funds, the formation of joint ventures andmanagement services organizations, and healthcare regulatory and compliancematters.  He also works regularly withlife sciences businesses, including the recent SEC registration of a stem cellcompany, and has authored a chapter offering "best practices" adviceon mergers and acquisitions in the forthcoming book "Inside the Minds:Life Sciences Mergers & Acquisitions" to be published in April2008. 

Klein regularly advises abroad range of technology companies, including Internet, enterprise software,encryption data security and hardware companies.  He routinely structures strategic alliancesand licensing transactions for companies in the tech sector, as well as assistingthem with venture capital and private equity transactions and with mergers andacquisitions.  Klein represents a numberof private equity funds in their growth equity and acquisition transactions, aswell as counseling clients on investment fund formation.  He also regularly represents companies intheir transactions with private equity funds, such as the recent sale to aForstmann Little portfolio company of a Los Angeles based media company thatproduces two of the top ten U.S. trade shows.

For more than threedecades, Molloy has handled entrepreneurial and middle market clients' mergers,acquisitions and divestitures; joint ventures; public and private equity anddebt financings; complex contractual matters; business formation; and taxplanning.  His clients include healthcareproviders, software and hardware development companies, service and maintenancefirms, telecommunications firms, medical device manufacturers, Internetcompanies and measuring devices manufacturers. Molloy has handled more than ten acquisitions over the past year for a publicly-traded national physician group practicecompany. 

"As anaccomplished dealmaker with expertise in the healthcare and tech sectors, Ericwill be a significant asset for our clients. He and Jay will add to our existing strength and expertise in theCorporate practice group, as well as in the firm's Healthcare and Life Sciencesindustry teams," said Guy Halgren, chairman of the firm. 

Commented Klein,"Sheppard Mullin occupies a strategic position in California and beyond,and offers the support needed to handle sophisticated M&A, private equity,venture and other emerging company transactions. I am greatly impressed by the firm'sdedication to expanding its healthcare and tech-related practices and theexcellent group of attorneys based in Century City."

Klein and Molloy arethe latest in a recent flurry of attorneys joining Sheppard Mullin's CenturyCity office.  Two weeks ago, Jim Curryjoined the office as an Entertainment and Media litigation partner.  Curry most recently practiced as a foundingpartner with White O'Connor Curry LLP in Century City.  Additionally, Robb Klein joined in March asspecial counsel in the firm's Entertainment & Media practice group from theLondon office of European law firm SJ Berwin LLP. 

Sheppard Mullin has 40attorneys based in its Century City office and about 160 attorneys based in itsdowntown Los Angeles office.  The firm's Corporatepractice group includes close to 100 attorneys.

Kleinearned a J.D. from Boston University School of Law in 1985 and received an A.B.from Princeton University in 1981.  Molloyearned a J.D. from University of Southern California Gould School of Law in1972 and a B.S. in Accounting from University of Southern California in 1968.

Kleinis a member of the board of directors of the Association for Corporate Growthin Los Angeles.  He is also a member ofthe executive committee of the Private Equity Roundtable.  Klein also lectures nationally on negotiationskills and has taught business leaders, investment bankers, lawyers andentrepreneurs on this topic.  His writingis regularly published in legal and business publications, most recently in theHarvard Business Review.

Molloyregularly speaks on technology transactions, M&A, venture capital andprivate equity.  He is a member of theboard of directors of the Technology Council of Southern California.

About Sheppard Mullin Richter &Hampton LLP

Sheppard Mullin is a full service AmLaw 100 firm withmore than 520 attorneys in 11 offices located throughout California and in NewYork, Washington, D.C. and Shanghai.  Thefirm's California offices are located in Los Angeles, Century City, SanFrancisco, Silicon Valley, Orange County, Santa Barbara, San Diego and Del MarHeights.  Foundedin 1927 on the principle that the firm would succeed only if its attorneysdelivered prompt, high quality and cost-effective legal services, SheppardMullin provides legal counsel to U.S. and international clients.  Companies turn toSheppard Mullin to handle a full range of corporate and technology matters,high stakes litigation and complex financial transactions.  In the U.S., the firm's clients include morethan half of the Fortune 100 companies.  Formore information, please visit www.sheppardmullin.com.


Jeffrey Leving's Paternity Bill Passes Senate
Law Firm News | 2008/04/16 09:46
Attorney Jeffery M. Leving co-authored Senate Bill 2827, introduced by Sen. Iris Martinez (D-Chicago), which passed in the Illinois Senate unanimously Tuesday.
This Legislation amends the Illinois Public Aid Code and the Illinois Parentage Act requiring mandatory DNA testing in Paternity Cases with exceptions. Leving said "this provision in the legislation should help prevent paternity fraud." 

This legislation also amends the Visitation Interference Criminal Code, making parenting time interference a crime, as well as visitation interference. This will provide non-residential joint custodial parents the same protections afforded to non- custodial parents. This legislation is the first of its kind in Illinois, which is necessary so fathers are not dissuaded from seeking joint custody for fear of not being afforded the same legal protections as non-custodial parents with only visitation rights.


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