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Court to Hear Case Over Marcos-Era Funds
Court Watch |
2007/12/03 09:14
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The Supreme Court on Monday stepped into a dispute over who owns money misappropriated by Philippines dictator Ferdinand Marcos, a case in which the United States supports the government of the Philippines. The Republic of the Philippines claims ownership of the $35 million at issue and asked the justices to take the case after two U.S. courts awarded the stolen funds to 10,000 victims of the Marcos regime. The lawsuit stems from an account set up with a $2 million deposit by Marcos in 1972 at Merrill, Lynch, Pierce, Fenner & Smith Inc. in New York. Merrill Lynch went to court in 2000 to determine who the money belonged to. The Philippines government asserted sovereign immunity and said the case could not proceed in U.S. courts. The willingness of lower U.S. courts to nonetheless get involved "raises significant concerns," the U.S. solicitor general said in a filing with the Supreme Court. The ruling by the 9th U.S. Circuit Court of Appeals in San Francisco prejudices cases in the Philippines on the same issue, the solicitor general said in court papers. |
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Court Backs Ruling Against Congressman
Legal Business |
2007/12/03 09:01
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The long legal fight between two members of Congress over an illegally taped telephone call ended Monday when the Supreme Court refused to review the case. The court left in place a federal appeals court ruling that Rep. Jim McDermott, D-Wash., should not have given reporters access to the tape-recorded telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga, in December 1996. McDermott asked the justices to hear his appeal of the May ruling, which he said infringed on his free speech rights. The court did not comment on its action. The U.S. Circuit Court of Appeals for the District of Columbia, in a 5-4 decision, said McDermott's offense was especially egregious since he was a senior member of the House ethics committee at the time. The ruling upheld a previous decision ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs. Boehner was among several GOP leaders heard on the December 1996 call, which involved ethics allegations against Gingrich. Then the House speaker, Gingrich was heard on the call telling Boehner and others how to react to allegations. He was later fined $300,000 and reprimanded by the House. McDermott, who was then serving on the ethics panel, leaked the tape to two newspapers, which published stories on the case in January 1997. |
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Court and UN Challenged by Darfur Case
International |
2007/12/03 07:41
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From the moment the International Criminal Court opened its annual two-week meeting, its credibility was being put to the test because of its failure to start prosecuting two Sudanese charged with crimes against humanity in conflict-wracked Darfur. Sudan on Friday reiterated its refusal to hand them over for trial, and experts say much depends on the strength of U.N. Secretary-General Ban Ki-moon's message on Monday to representatives of the 105 nations that have signed on to the court, the world's first permanent war crimes tribunal. "It will be imperative that he speak in strong, unambiguous terms as to his support for this court and for this court's arrest warrants," Richard Dicker, director of the international justice program at Human Rights Watch, said Friday. Without a tough message from Ban, the Sudanese government may get the idea they "can flout this court at will without facing repercussions from the leadership of the United Nations," Dicker said. "If that were to happen, it would make more difficult the prospect of justice for victims for absolutely horrific crimes." The court came into being in July 2002, but Sudan is not among the 105 countries that have endorsed the 1998 Rome treaty that established it. The Security Council referred the Darfur case — charging a cabinet minister and a janjaweed chief with crimes against humanity — to the court in 2005 in a resolution that required Sudan's government and all other parties in the conflict to cooperate. Sudan later agreed to set up its own investigation and a special court for Darfur. In his speech Monday, Ban is expected to "urge all member states to do everything within their powers to assist the court in enforcing the outstanding warrants" in Darfur and to praise the court for becoming "a centerpiece of our system of international criminal justice," said associate U.N. spokesman Yves Sorokobi. The conflict in Sudan's western Darfur region has claimed over 200,000 lives and uprooted 2.5 million people from their homes since violence erupted in early 2003 when rebels from the ethnic African majority took up arms against the Arab-dominated government. Critics accuse Sudan of retaliating by arming local Arab militias known as the janjaweed, and the government is blamed for widespread atrocities against civilians. The court's meeting opened Friday with tough words from its president and its chief prosecutor on bringing charges against Ahmed Muhammed Harun, who was appointed Sudan's humanitarian affairs minister after his indictment was announced, and Ali Kushayb, a janjaweed leader. "The arrest warrants and the obligation to enforce them will not go away," Luis Moreno-Ocampo, the chief prosecutor, told the meeting. Judge Philippe Kirsch, the court's president, noted the potential impact on the court's credibility because the warrants it issued in early May for the arrest and surrender of the two suspects have not yet been executed. "Without arrests, there can be no trials. Without trials, victims will again be denied justice. The potential deterrent effect of the court will be reduced," Kirsch told the meeting. Kirsch told the meeting that Ban's anticipated presence on Monday "reaffirms the importance of this special relationship" between the U.N. and the court, which is a tribunal of last resort for war crimes, genocide and crimes against humanity. "The strength of support we receive during this meeting from the states and the United Nations, of course, strengthens the credibility of the court," Jurg Lauber, the court's chief of staff, told The Associated Press. Sudan's U.N. ambassador, Abdalmahmood Abdalhaleem Mohamad, told the AP on Friday that because Sudan is not a party to the court, its jurisdiction does not apply and its prosecutor was making "impossible demands, acting on behalf of the enemies of the peace and stability in the country." Mohamad said Sudan also "should not be subject to the politicization of the Security Council." Will Sudan turn over the two people indicted by the court? "We will never turn over our citizens to be tried abroad," Mohamad said. "If there are accusations against any of our citizens, the judiciary in Sudan is more than capable." |
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Court Rejects Mental Health Case
Breaking Legal News |
2007/12/03 07:16
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A Mississippi death row inmate whose lawyer had never tried a case and suffered from mental illness failed Monday to persuade the Supreme Court to take his case. The court did not comment in denying the appeal from Quintez Hodges, who was sentenced to death in 2001 for killing his ex-girlfriend's brother two years earlier. Hodges presented evidence that his attorney, Michael Miller, was abusing drugs around the time of his trial and suffered from mental illness. A little over a year after Hodges' trial, Miller's parents had him committed to a psychiatric hospital. The state said Mississippi courts examined Hodges' claims and determined they lacked merit. "Miller's commitment papers...clearly show that this was his first commitment," state Attorney General Jim Hood told the court. Under prior Supreme Court rulings, defendants have to show that their lawyer was deficient and that the outcome probably would have been different with competent representation. |
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Accused Sniper Set to Plead Guilty
Court Watch |
2007/12/03 04:58
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A teenager accused of killing one man and wounding another in a series of highway sniper shootings is expected to plead guilty to two felonies as part of a plea agreement, his lawyer said.
Zachariah Blanton, 18, is expected to appear in Jackson Circuit Court today, where Judge William Vance could approve the plea agreement.
Blanton, Gaston, was scheduled to stand trial Dec. 11 on charges of murder, attempted murder and criminal recklessness. His defense attorney, Bruce MacTavish, said his client will plead guilty to two amended felony charges, voluntary manslaughter with a deadly weapon and criminal recklessness.
A plea document was filed in Jackson Circuit Court on Friday, MacTavish said, but the agreement would not be final unless it is accepted by a judge.
Blanton is accused of firing his hunting rifle into I-65 traffic from an overpass on a Jackson County road near Seymour about 60 miles south of Indianapolis on July 23, 2006. One of those shots went through a pickup truck's windshield and killed a passenger, Jerry L. Ross, 40, New Albany. An Iowa man traveling in another pickup truck also was injured.
Blanton, who was 17 at the time, was arrested at his home two days later.
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U.S. rights stance faces big test in Guantanamo case
Breaking Legal News |
2007/12/03 04:17
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The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained. The court's nine justices on Wednesday are to hear the appeal of Guantanamo prisoners who say a 2006 law unconstitutionally denies them a meaningful way to challenge in court their detention at the U.S. Naval Base on Cuba. The case is being watched by governments and human rights activists around the world, who say President George W. Bush has overreached his powers and trampled on rights in the war on terrorism he launched after the September 11, 2001, attacks. "The rule-of-law, humanitarian and human rights principles at stake in this case are the very principles which the coalition of liberal democracies together seek to uphold and defend in the 'war on terror,'" British and European parliament members said in one of the many outside briefs urging the Supreme Court to rule in favor of the detainees. The Bush administration told the court the Guantanamo prisoners receive fair treatment and a chance to make their case before a military tribunal, with a limited appeals court review. But it said the Constitution's "habeas corpus" rights for prisoners to seek a court review of their detention do not apply to foreigners held outside the country. "The detainees now enjoy greater procedural protections and statutory rights to challenge their wartime detentions than any other captured enemy combatants in the history of war. Yet they claim an entitlement to more," the Justice Department said in its brief on the case. |
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Obituaries - James F. Graham, law firm partner
Attorneys in the News |
2007/12/02 07:44
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James F. Graham, 54, of Jenkintown, a defense litigation lawyer and a partner in Marshall, Dennehey, Warner, Coleman & Goggin, a firm for which he managed the Cherry Hill and Roseland, N.J., offices, died of lung cancer Nov. 17 at his home. "The lung cancer diagnosis in June came out of the blue," said Joe Santarone, a colleague and friend. "In his later years, Jim ran marathons. He smoked only for a while in the late 1970s, when he managed his grandfather's pub in the Northeast, Graham's Pub." Mr. Graham was born in the Summerdale section of Northeast Philadelphia into a tight-knit family of six children. He graduated from Father Judge High School in 1971. After he married Susan Weitzman in 1975, the couple moved to San Diego, where he earned a bachelor's degree in 1985 from the University of California. They moved to Jenkintown, and Mr. Graham earned a law degree in 1988 from Widener University. He then joined Marshall Dennehey. For years, he opened and managed offices for the firm in Western Pennsylvania, New Jersey, Delaware, Ohio and Florida, a total of 18. Since 2002, Mr. Graham had managed the Cherry Hill office with 100 employees and the Roseland office in North Jersey. The Philadelphia Business Journal reported that the firm, with 380 lawyers, was the fastest growing in the Philadelphia region in the 1990s. For two decades, Marshall Dennehey handled general liability cases, such as truck accidents, for Philadelphia Newspapers Inc., which formerly published The Inquirer. "My father was a generous, big-hearted man," said his son, Colin, a second lieutenant in the Marines stationed in Japan. "When I played rugby at Catholic University, at least twice a week he jumped in his car to drive to D.C. for games. Then he took the whole team of 25 guys out to dinner." Mr. Graham was unpretentious and often gave anonymously to those in need. "He gave money to a homeless man in Center City, and then took him to a shoe store and bought him a nice pair of shoes," his son said. "Literally hundreds of friends came to his funeral services," Santarone said. "I gave the eulogy, and it was the hardest closing I ever had to do." In addition to his son and wife, Mr. Graham is survived by a daughter, Susan Graham, a brother, and four sisters. A Funeral Mass was said Nov. 24. Donations may be sent to the Breathing Room Foundation, Box 287, Jenkintown, Pa. 19046. |
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