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Fla. to execute mass killer after court lifts stay
Breaking Legal News |
2012/10/24 16:25
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A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court.
The execution of John Ferguson, 64, was tentatively back on for 6 p.m. at Florida State Prison pending a final order from the governor's office, state corrections officials said. Ferguson has been on Florida's death row for 34 years.
The 11th U.S. Circuit Court of Appeals on Monday lifted a stay put in place over the weekend by a judge in Florida. Ferguson's lawyers argued he is mentally ill and therefore the Constitution prohibits the state from executing him.
His attorneys sought reinstatement of the stay in an emergency filing Tuesday morning with the U.S. Supreme Court. There was no immediate ruling from the justices.
Ferguson was convicted of killing eight people in South Florida in 1977 and 1978, including a teenage couple.
Two of the three appeals court judges in Atlanta ruled that U.S. Judge Daniel Hurley "abused" his discretion on Saturday when he issued a stay in the case. |
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Minn. Supreme Court to hear suicides case appeal
Court Watch |
2012/10/20 16:46
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The Minnesota Supreme Court has agreed to hear the appeal of a former
nurse convicted of searching out suicidal people in online chat rooms
and encouraging them to commit suicide.
William Melchert-Dinkel of Faribault was convicted in 2011 on two
counts of aiding suicide. The Minnesota Court of Appeals in July
rejected his argument that he was merely practicing free speech.
In an order Tuesday, the state Supreme Court agreed to review the
case. A date for oral arguments has not been set.
Melchert-Dinkel was convicted in the deaths of 32-year-old Mark
Drybrough, of Coventry, England, and 18-year-old Nadia Kajouji, of
Brampton, Ontario, in 2008.
Melchert-Dinkel faces about a year in jail unless his conviction is
overturned. He remains free pending appeal. |
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Lawyer: Bahrain court postpones activist's appeal
Human Rights |
2012/10/18 16:41
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A defense lawyer in Bahrain says a court has prolonged the appeal of
an imprisoned human rights activist by ordering another hearing next
month.
Nabeel Rajab is challenging his three-year prison sentence for
allegedly encouraging illegal protests and violence in the
strife-wracked Gulf nation, which is home to the U.S. Navy 5th Fleet.
He is among the most high-profile prisoners in Bahrain's crackdowns.
The country has been hit by near-daily unrest since February 2011,
when its Shiite majority began an uprising demanding a greater
political voice in the Sunni-ruled nation.
Attorney Mohammed al-Jishi says the court on Tuesday set Rajab's next
hearing for Nov. 8.
Also Tuesday, authorities detained another rights campaigner, Mohammed
al-Maskati, the president of the Bahrain Youth Society for Human
Rights.
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The Rosen Law Firm Announces Securities Class Action
Class Action |
2012/10/13 09:44
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The Rosen Law Firm, P.A. today announced that a class action lawsuit has been filed on behalf of all persons or entities who purchased OCZ (OCZ) common stock or call options, or sold OCZ put options, between July 10, 2012 and October 10, 2012, inclusive (the "Class Period").
To join the OCZ class action, visit the firm's website at http://rosenlegal.com, or call Phillip Kim, Esq., toll-free, at 866-767-3653; you may also email pkim@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.
The Complaint asserts violations of the federal securities laws against OCZ and certain if its officers and directors for issuing misleading financial information. Namely, the lawsuit asserts that OCZ: (a) was providing extraordinary customer incentives in excess of what was normal and customary in the past; and (b) improperly accounting for customer incentive programs. As a result, OCZ's financial results were misstated during the Class Period and the OCZ lacked adequate internal controls. The Complaint alleges that when this adverse information entered the market investors lost nearly half the value of their investment.
If you wish to serve as lead plaintiff, you must move the Court no later than December 10, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com.
www.rosenlegal.com.
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High court looks at race in college admissions
Human Rights |
2012/10/12 16:07
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Nine years after the Supreme Court said colleges and universities can use race in their quest for diverse student bodies, the justices have put this divisive social issue back on their agenda in the middle of a presidential election campaign.
Nine years is a blink of the eye on a court where justices can look back two centuries for legal precedents. But with an ascendant conservative majority, the high court in arguments Wednesday will weigh whether to limit or even rule out taking race into account in college admissions.
The justices will be looking at the University of Texas program that is used to help fill the last quarter or so of its incoming freshman classes. Race is one of many factors considered by admissions officers. The rest of the roughly 7,100 freshman spots automatically go to Texans who graduated in the top 8 percent of their high school classes.
A white Texan, Abigail Fisher, sued the university after she was denied a spot in 2008.
The simplest explanation for why affirmative action is back on the court's calendar so soon after its 2003 decision in Grutter v. Bollinger is that the author of that opinion, Sandra Day O'Connor, has retired. Her successor, Justice Samuel Alito, has been highly skeptical of any use of racial preference.
Justice Anthony Kennedy, a dissenter in the 2003 decision, probably holds the deciding vote, and he, too, has never voted in favor of racial preference. |
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Feds seek full court review of cigarette warnings
Litigation |
2012/10/09 16:06
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The U.S. government is asking a federal appeals court to rehear a challenge to a Food and Drug Administration requirement that tobacco companies to put large graphic health warnings on cigarette packages to show that smoking can disfigure and even kill people.
The Justice Department filed a petition Tuesday asking for the full court to rehear the case after a three-judge panel of the U.S. Court of Appeals in Washington affirmed in August a lower court ruling blocking the mandate, saying it ran afoul of the First Amendment's free speech protections. However, the court rarely grants such appeals.
Some of the nation's largest tobacco companies, including R.J. Reynolds Tobacco Co., sued to block the mandate to include warnings to show the dangers of smoking and encouraging smokers to quit lighting up. They argued that the proposed warnings went beyond factual information into anti-smoking advocacy. The government argued the photos of dead and diseased smokers are factual. |
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Ex-NFL WR Hurd pleads not guilty to new charges
Criminal Law |
2012/10/06 15:26
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Former NFL receiver Sam Hurd pleaded not guilty Wednesday to a new indictment accusing him of trying to obtain cocaine and marijuana while he was out on bond awaiting trial on charges of trying to start a drug ring in the Chicago area.
The indictment filed last month is based on allegations that Hurd asked a cousin, Jesse Tyrone Chavful, to buy drugs. Chavful signed a guilty plea agreement Monday to one count of conspiracy to possess five or more kilograms of cocaine — documents in which Chavful said Hurd contacted him at his T-shirt shop in San Antonio and asked to "get him cocaine and marijuana."
According to the documents, Chavful said he set up a deal to purchase the drugs but was arrested.
Hurd's attorney, Jay Ethington, has said Chavful is lying, but Chavful's attorney, Laura Harper, said her client simply wanted to come clean.
Hurd entered his plea in federal court in Dallas, appearing in an orange jail uniform and standing next to Ethington. He's been in custody since August after failing two drug tests and the Chavful allegations surfaced.
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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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