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Man pleads guilty to threatening Riverside DA
Court Watch |
2007/11/08 05:38
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A man who was part of a newspaper's advertising staff could face as much as three years in prison after pleading guilty to making a threat against county District Attorney Rod Pacheco. Chandler William Cardwell, 33, entered his plea Wednesday. In exchange, prosecutors agreed to drop another threat charge and a forgery charge, as well as a special allegation. Sentencing is scheduled for Dec. 10. Cardwell was arrested in September after authorities executed search warrants at The Press-Enterprise where he worked in the classified advertising department. Investigators said Cardwell placed an ad for a "Big Blowout, Going Out of Business" yard sale with proceeds to benefit the "Rod Pacheco memorial fund." It listed the district attorney's home address and phone number. The ad appeared to be a response to Pacheco's announcement that he was seeking an injunction to restrict members of a gang from gathering and to force them to adhere to a curfew. Cardwell's brother-in-law is a member of the gang, authorities said. Deputy Attorney General Michael Murphy said Cardwell's ties to the gang remain unclear, but "he clearly associates with them." Cardwell's attorney, Richard Carnero, refuted that claim, saying his client is not a gang member. The ad was not placed "in connection with any gang," he said. |
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Russia asks UN to urge Georgia to stop violence
International |
2007/11/08 05:18
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Russia called on the international community on Thursday to get Georgia's leadership to stop using violence against protesters and to respect human rights. Georgian President Mikhail Saakashvili declared a state of emergency on Wednesday and shut down independent broadcasters after police used tear gas, water cannons and beat hundreds of protesters to quash six days of anti-government protests. "We are convinced the world community, major human rights bodies ... the United Nations, the Council of Europe and the OSCE should urge official Tbilisi to stop violence and fully respect human rights and resolve its internal political issues constitutionally, without the use of force," Russian Foreign Ministry spokesman Mikhail Kamynin said on television.
Saakashvili, who faces his worst crisis since he came to power in a bloodless 2003 revolution, accused Russian special services of fanning unrest in his tiny nation and ordered the expulsion of three Russian diplomats from Tbilisi.
In earlier remarks, Moscow called Saakashvili's allegations a "farce" and "hysteria" but did not announce any countermeasures.
"We want to declare with all responsibility one more time that Russia is not an enemy of Georgia but a friend of Georgia and the Georgian nation," Kamynin said.
"The television footage ran around the world has evidently shown what democracy Georgia-style is -- it's a tough crackdown on a peaceful demonstration, closures of free media outlets and beatings of foreign journalists."
Kamynin said two Russian journalists had suffered in the police attack.
Saakashvili accused Moscow on Wednesday of "playing dirty geo-political escapades" by backing Georgia's separatists in its pro-Russian South Ossetia and Abkhazia provinces.
Kamynin said Russia would respect its international obligations to seek peaceful settlement to the issues in both provinces. "At the same time, we will fulfil our obligations to defend the Russian citizens living in Abkhazia and South Ossetia," he stressed.
Russia has peacekeepers in the two rebel regions. But it also gives moral and financial support to Abkhazia and South Ossetia and the majority of locals are Russian passport holders. |
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Rob Portman joins law firm
Legal Careers News |
2007/11/08 04:36
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Rob Portman, the former congressman and Bush administration official, is going back to his roots by joining the Cincinnati office of the law firm Squire, Sanders and Dempsey to practice international trade law. But the Terrace Park Republican is by no means giving up on politics – the law firm has told him he is free to continue traveling Ohio, giving speeches and laying the groundwork for a possible 2010 run for Ohio governor or the U.S. Senate, should George Voinovich decide to retire. The firm announced the hiring today in the following press release: Rob Portman, who recently left the President’s cabinet as the Director of the Office of Management and Budget (OMB), will join global law firm Squire, Sanders & Dempsey L.L.P. as part of the firm’s transactional and international trade practice. Prior to OMB, he served as United States Trade Representative (USTR), and for 12 years as US Congressman from Ohio’s Second Congressional District. Before his election to Congress, Portman practiced international and business law as a partner in a Cincinnati law firm. Portman will be based in Squire Sanders Cincinnati office, but will also maintain a presence in other offices, including the firm’s Washington DC office.
This new position at Squire Sanders will allow Portman to live in his hometown of Cincinnati and to stay involved with his community while working on national and international issues. Squire Sanders has a thriving Cincinnati office and, with 30 offices in 14 countries, an exceptional national and international platform.
“Rob’s extraordinary background in public service and law makes him an outstanding addition to our team,” said Mark J. Ruehlmann, managing partner of Squire Sanders’ Cincinnati office.
Portman is widely regarded as one of the finest and most thoughtful policymakers in the nation. His track record for success is largely attributed to his ability to work in a bipartisan manner to achieve consensus on a wide variety of important issues. He has been an effective champion for fiscal responsibility and has successfully legislated on issues ranging from environmental conservation and drug prevention to Internal Revenue Service (IRS) reform and expanding retirement security.
“Squire Sanders provides me with the unique opportunity to join a prestigious global law firm with 30 offices worldwide while living and working in Cincinnati,” said Portman. “I am looking forward to being involved in helping multinational clients both here and abroad while maintaining the ability to be involved in national public policy issues and community projects,” said Portman.
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Ex-Gov. Ryan of Illinois Reports to Prison
Political and Legal |
2007/11/07 18:31
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Former Gov. George Ryan, who drew international attention for halting the death penalty in this state, reported to a federal prison in Wisconsin on Wednesday to begin his six-and-a-half-year sentence for racketeering and fraud. Justice John Paul Stevens of the Supreme Court on Tuesday denied Mr. Ryan’s request to remain free on bail while he continued his appeal. Mr. Ryan, 73, told reporters that he faced prison with a clear conscience. “I have said since the beginning of this 10-year ordeal that I am innocent,” he said. “And I intend to prove that.” Mr. Ryan, who in 40 years in public office became one of the most powerful Republicans in the Midwest, was convicted last year of a long list of corruption charges stemming from his tenure as secretary of state and governor of Illinois, including using public money for campaign work and exchanging state business for money and gifts, among them an island vacation. Outside Illinois, he was better known for his moratorium on the death penalty and commuting more than 160 death sentences to life in prison just before leaving office after one term, in 2003. To some, Mr. Ryan’s prison term should be cautionary in a state where making deals and giving favors have long been viewed as politics as usual. He is the third former Illinois governor convicted of wrongdoing. “I would like to believe that this will have a chilling effect on corruption by public officials, but I’m not optimistic,” said Mike Lawrence, who directs the Paul Simon Public Policy Institute at Southern Illinois University. New accusations of corruption continue to swirl around officials in the state. Federal investigations have started in connection with officials in Springfield, the capital, as well as Chicago City Hall. Former Gov. James R. Thompson, a member of Mr. Ryan’s legal team, said he would appeal the case to the Supreme Court next year. A federal appeals court upheld the conviction in August. Before dawn on Wednesday, Mr. Ryan left his home in Kankakee, 50 miles south of here, his face lighted by the news camera flashes. They later filmed him entering a pancake house in Chicago. Arriving at the prison in Oxford, Wis., Mr. Ryan entered through a back door. The prison has housed other Illinois politicians, including Chicago aldermen, a Cook County Circuit Court clerk and former Representative Dan Rostenkowski. Mr. Thompson suggested that Mr. Ryan would work a prison job, as required of all healthy inmates. Prison officials say possible jobs include serving food, mopping floors, landscaping and cleaning toilets. Prison officials said he was allowed to take in his wedding ring and an extra pair of eyeglasses. |
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Some Question Preacher Investigation
Breaking Legal News |
2007/11/07 08:46
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For some, a Senate committee's investigation into six well-known evangelical ministries is long overdue, a needed check on preachers living lavish lifestyles built with their donors' generosity. But even among those who welcome the scrutiny, there was concern Wednesday over government intrusion into religion, more red tape in the name of transparency and undue burdens on preachers and churches who play strictly by the rules. The top Republican on the Senate Finance Committee, Chuck Grassley of Iowa, faxed letters Monday to a half-dozen evangelical mega-ministries requesting information about compensation, board oversight and perks — from luxury oceanside homes to flights on private jets to opulent spending on office furniture. The organizations are not legally required to respond. Some have released statements pledging to cooperate, others have hedged and all have emphasized their commitment to following applicable tax laws. The IRS requires that pastors' compensation be "reasonable," a figure set by collecting comparable salaries and weighing factors such as church size and a pastor's value to the congregation. IRS rules prevent pastors and other insiders from excessive personal gain through their tax-exempt work. Marvin Olasky, editor of World, an influential conservative Christian magazine, credited Grassley for racheting up the pressure on ministries he believes are far too secretive about how donations are spent. "These organizations should be pressured to disclose information," Olasky said. "If glasnost worked in the Soviet Union, it can work in relation to these ministries." Olasky, however, cautioned that "hard cases make bad law." Echoing others, Olasky said governmental action should be a last resort and that the Christian community and media needs to press organizations to be more open. The six ministries in the inquiry share Pentecostal theology, a strong television presence and a "prosperity gospel" message emphasizing material rewards for the faithful. They are: _ Randy and Paula White of Without Walls International Church and Paula White Ministries of Tampa, Fla. _ Benny Hinn of World Healing Center Church Inc. and Benny Hinn Ministries of Grapevine, Texas; _ David and Joyce Meyer of Joyce Meyer Ministries of Fenton, Mo.; _ Kenneth and Gloria Copeland of Kenneth Copeland Ministries of Newark, Texas; _ Bishop Eddie Long of New Birth Missionary Baptist Church and Bishop Eddie Long Ministries of Lithonia, Ga.; _ Creflo and Taffi Dollar of World Changers Church International and Creflo Dollar Ministries of College Park, Ga. These kinds of huge, non-denominational operations are like smaller churches in that they aren't required to publicly disclose their finances. Scott Thumma, a megachurch expert at the Hartford Institute for Religion Research, said they require even greater scrutiny because they lack denominational oversight and have a penchant for unchecked lavish spending. "If this attention makes these ministries more accountable to donors, it's probably a positive step forward," Thumma said. "At the same time, it does pose challenges about what is the role of government in how a church spends its money and who is accountable. These are probably legitimate concerns by those pastors watching from outside." Some pastors, Thumma said, might be hesitant to speak out because "they are looking at that slippery slope and don't want to be seen as advocating for the government getting involved in the roles of church." Dollar released a statement saying questions raised by Grassley's inquiry "could affect the privacy of every community church in America." Others question whether the halls of Congress are the appropriate setting for the debate. "I do wonder why a Senate committee would be doing this when the IRS is perfectly capable of enforcing its own rules — and does so frequently," said James Bopp, a nonprofit and tax lawyer who represents several large evangelical organizations but none of those under investigation. Tom Minnery, a senior vice president at the evangelical media ministry Focus on the Family, said he was disappointed that Grassley thinks an investigation is necessary. Minnery called existing tax rules "vigorous." In an interview Wednesday, Grassley said his committee has jurisdiction over nonprofits and oversight over the IRS. He said it's unclear whether the IRS is doing enough to police Christian nonprofits or whether existing guidelines go far enough — questions that are part of the inquiry. "We're going to let these ministries speak for themselves," he said. "Hopefully, it comes back everything's OK, but the allegations we've heard about raise questions." Grassley also said the inquiry will not delve into doctrinal issues, and that he understands church-state separation concerns. At the same time, he said religious nonprofit groups should be expected to follow rules governing nonprofits just as secular groups are. "I'm hoping these organizations clean up their own act if there's something wrong," Grassley said. An IRS spokeswoman declined comment on the Grassley investigation, which could lead in several directions: public hearings, more ministries being drawn in, and potential penalties ranging from back taxes to loss of tax-exempt status. The evangelical nonprofit world already polices itself through the Evangelical Council for Financial Accountability, which requires members to annually submit audited financial statements and answer other transparency questions. But membership is voluntary, and none of the groups under investigation belong. IRS audits and inquiries into nonprofits, meanwhile, are confidential. Even if a Christian ministry is punished, donors don't learn about it unless the organization under scrutiny makes it public. "I see this as a kind of a tug of war of interests," said Rodney Pitzer, managing director of research with MinistryWatch.org, which grades Christian groups on financial accountability. "On one side you have a ton of good ministries out there who want to be unshackled from red tape and government bureaucracy. In that midst unfortunately are wolves in sheeps' clothing." |
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Texas Judge Sued Over Death Row Appeal
Legal Marketing |
2007/11/07 08:24
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An executed man's wife filed a lawsuit Wednesday alleging that a judge violated his rights by refusing to keep the state's highest criminal court open late so his lawyers could file an appeal the day he was set to die. Texas Court of Criminal Appeals Presiding Judge Sharon Keller refused to allow the court to stay open past 5 p.m. on Sept. 25 even though attorneys for Michael Richard had called and asked for extra time to file their appeal. "I would ask her why she just couldn't wait a few more minutes. It wouldn't have cost her anything to do this," 43-year-old Marsha Richard said. Keller declined to comment on the federal lawsuit, which also named "John Does" as defendants acting in their official capacities. Michael Richard's laywers later unsuccessfully appealed his case to the U.S. Supreme Court on grounds that the lethal injection was unconstitutionally cruel punishment. The high court turned down the appeal because the lower court had not heard his case, said Randall Kallinen, Marsha Richard's attorney. "Everybody is in agreement the appeal would have been successful if it had been allowed to be filed," he said. Before it turned down the appeal, the Supreme Court had decided to review the constitutionality of lethal injection in a Kentucky case. Richard so far has been the only person executed in the nation since the Supreme Court made its announcement about the Kentucky case. Keller is accused of violating an "open courts" provision of the Texas Constitution, causing Michael Richard's wrongful death and violating his Fourth Amendment right to protection against unlawful searches and seizures. The lawsuit is asking for an unspecified amount of punitive damages and seeks a court order to be issued directing Keller, the Texas Court of Criminal Appeals' clerk and other court personnel not to stop emergency death penalty appeals from being filed. The 11th Amendment gives states immunity from federal lawsuits. But Kallinen said Keller is not immune to a lawsuit because her actions violated established statutory or constitutional rights. Michael Richard, 49, was executed for the 1986 murder of Marguerite Lucille Dixon. Evidence showed she was raped and fatally shot in her home by Richard, who then stole two televisions and a van from the house outside Houston. Richard insisted he wasn't responsible for the woman's death. Last month, a group of lawyers filed a complaint against Keller with the State Commission on Judicial Conduct, accusing her of improperly cutting off appeals that led to Richard's execution. On Tuesday, the criminal appeals court decided to allow emergency e-mail appeals in death penalty cases. "I hope nothing like this happens to anyone else," said Marsha Richard, who married her husband five years ago after meeting him while she visited her brother, who was also on death row. Meanwhile, in Florida, the state's highest court denied a stay of execution for Mark Dean Schwab, who was convicted of raping and murdering an 11-year-old 16 years ago. He is scheduled for execution Nov. 15. |
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Supreme Court hears age discrimination case
Breaking Legal News |
2007/11/07 08:23
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This week the Supreme Court took up a case that could have far-reaching effects on workplace discrimination lawsuits nationwide. The case, Federal Express Corp. v. Holowecki, turns on paperwork: specifically, the forms that aggrieved workers use to file discrimination complaints with the federal Equal Employment Opportunity Commission (EEOC). The question is whether a particular complaint form, the intake questionnaire, constitutes a formal discrimination charge that can serve as the basis for a lawsuit under the Age Discrimination Employment Act (ADEA). Under the ADEA, employees must wait 60 days after filing a formal EEOC complaint to bring a lawsuit against their employers. The rule is designed to give the employer sufficient time to investigate the charges and perhaps reach an out-of-court settlement with the employee. Almost half of EEOC complaints are filed by small business employees, according to the National Federation of Independent Business, which filed a brief with the Supreme Court in support of Federal Express. In 2006 the EEOC received more than 75,000 discrimination charges, only 5% of which had reasonable cause to go to court, according to Karen Harned, executive director of the NFIB's legal foundation. Harned argued that U.S. employers would face a surge in discrimination lawsuits if the justices decide that intake questionnaires qualify as discrimination charges. "There has to be a filtering process or small business owners will be inundated with litigation," she said. In December 2001, a Federal Express (Charts, Fortune 500) courier named Patricia Kennedy filed an EEOC intake questionnaire claiming that FedEx was in the habit of improperly firing older employees who did not meet the company's hourly delivery quotas. The EEOC did not follow up on Kennedy's complaint. In April 2002, Kennedy and several other older employees, including Paul Holowecki, filed a class action suit against Federal Express. In May 2002, Kennedy belatedly submitted a formal discrimination complaint, known as a Form 5, to the EEOC. A district court threw the case out on the grounds that plaintiffs were legally required to submit the Form 5 before filing suit against their employers. But the U.S. Court of Appeals for the Second Circuit reversed that decision, ruling that an intake questionnaire could indeed be considered a formal charge. At yesterday's hearing, the justices concentrated on the issue of how the EEOC handles discrimination complaints. Chief Justice John Roberts argued that employees should not be held responsible for the EEOC's complex and often contradictory regulations. "I don't understand the leap from government incompetence to the plaintiff losing," the chief justice told Federal Express advocate Connie Lensing. The plaintiffs' advocate, David Rose, argued that the validity of a discrimination charge should not be a function of the form on which it was filed. But Justice Antonin Scalia responded that employees were responsible for reading the forms that they filled out. "You can't run a system for people who are illiterate," Scalia said. But he also criticized the EEOC's procedures for handling discrimination complaints. "The problem is the EEOC," Scalia said. "What kind of agency is this?" It may be months before the Supreme Court rules on Holowecki, but the outcome could force the EEOC to change its procedures for all discrimination complaints, including those that arise under the Americans with Disabilities Act and under Title VII, which covers discrimination on the basis of race, color, religion, sex and national origin. "The decision in Holowecki will likely resolve the many inconsistencies among federal circuit courts of appeal on the issue of whether an EEOC intake questionnaire may constitute a charge of discrimination under the ADEA," said Paul Secunda of the University of Mississippi School of Law, in his American Bar Association preview of the case. "Depending on the breadth of the holding, the case may also answer this same question for related federal employment discrimination laws."
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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