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Court rules against National Post in source case
Law Center | 2010/05/10 01:39

The Supreme Court of Canada ruled Friday that journalists do not have a blanket right to shield confidential sources.

The court ruled 8-1 against the National Post and former reporter Andrew McIntosh, who sought to quash a search warrant issued almost a decade ago in a case dealing with a possibly forged document from a secret source linked to a political scandal.

In finding there is no broad protection for journalists to shield sources, the justices said claims of immunity can be argued on a case-by-case basis.

"The law should and does accept that in some situations the public interest in protecting the secret source from disclosure outweighs other competing public interests — including criminal investigations," Justice Ian Binnie wrote on the court's behalf.

"In those circumstances, the courts will recognize an immunity against disclosure of sources to whom confidentiality has been promised."

But Binnie wrote that in this situation, the needs of a police investigation trumped the right to keep sources confidential.



Attorney accused of setting fire at Martinsburg law firm
Criminal Law | 2010/05/07 07:45

An attorney is charged with setting a fire at the Martinsburg law firm where she worked in September 2007 and then attempting to set another fire there in April 2008, according to Berkeley County Magistrate Court records.

Ashley R. Shreve, 28, of 2316 Longboat Court in Richmond, Va., was arrested Wednesday in Richmond by Henrico County (Va.) police, Berkeley County Sheriff’s Lt. B.F. Hall said Thursday.

Shreve is charged with one count each of second-degree arson, attempted arson and terrorist threats, according to warrants issued April 29 by Magistrate Sandra L. Miller, court records show.

Hall said Shreve waived extradition and is expected to be returned to Berkeley County to face the charges in the next few days.

The fire Sept. 20, 2007, at McNeer, Highland, McMunn & Varner L.C., at 275 Aikens Center, caused “thousands of dollars” in damage, possibly between $5,000 and $10,000, Hall said.

Shreve was a resident of Spring Mills in Berkeley County when she worked at the law firm, Hall said.

She no longer works there and moved to the Richmond area after the April 2008 attempted arson, according to police.

The fire was reported at 5:45 a.m. Shreve and another employee were the last two staff members to leave the office the evening before the fire, according to court records.

A box of legal documents in a legal assistant’s office were intentionally set on fire and a box of files that were found under Shreve’s desk also had fire damage, according to court records.



Wash. Supreme Court rules Internet filters OK
Political and Legal | 2010/05/07 06:44

The Washington state Supreme Court has ruled that public libraries can use Internet filters to block content.

In a 6-3 ruling Thursday, the court says public libraries have discretion about which Internet content to allow, just as they decide which magazines and books to offer.

The majority says libraries don't need to completely remove Internet filters and can provide access to websites containing constitutionally protected speech if requested by an adult.

But a blistering dissent by Justice Tom Chambers argues that the ruling restricts constitutionally protected speech.



Fees for Madoff trustee's law firm top $50 million
Law Firm News | 2010/05/07 06:44

A law firm employing the trustee winding down Bernard Madoff's investment firm has won court approval to be paid $20.3 million of additional fees, pushing its total to $50.9 million for 13-1/2 months of work.

In an order made public on Thursday, U.S. Bankruptcy Judge Burton Lifland in Manhattan authorized the additional payment to Baker & Hostetler LLP, plus reimbursement of $390,200 of expenses, covering the Oct. 1, 2009 to Jan. 31, 2010 period.

Baker & Hostetler has been awarded $59.8 million of fees overall, but is deferring 15 percent, or $9 million, until the liquidation of Bernard L. Madoff Investment Securities LLC is complete, court records show.

Irving Picard, the court-appointed trustee and a Baker & Hostetler partner, has been trying to recover assets for victims of Madoff and his estimated $65 billion Ponzi scheme. He has separately been awarded $1.93 million in fees.

Lifland's order came over the objections of some Madoff victims. They believe Picard either undervalues some claims, allows claims to be paid too slowly, or has a conflict of interest because he also represents the interests of the Securities Investor Protection Corp against the victims.



Court blocks release of jailed militia members
Law Center | 2010/05/07 05:42

A federal appeals court on Thursday intervened to block the release of nine members of a Michigan militia accused of plotting to overthrow the government, dealing a setback to the defendants as they gathered in a courtroom hoping to rejoin their families.

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati issued a temporary stay about 12 hours after a federal judge in Detroit said she would no longer freeze her Monday decision releasing the nine with electronic monitors and other restrictions.

With some already in street clothes, the militia members were transported to court to be processed for release Thursday. But they were returned to jail after a magistrate judge announced the appeals court decision.



Utah high court to hear death penalty appeal
Court Watch | 2010/05/07 03:42

The Utah Supreme Court will hear arguments in the case of a condemned inmate set to die by firing squad.

Ronnie Lee Gardner is scheduled to be executed June 18.

His attorneys filed an appeal seeking to stop the execution and asking for a review of Gardner's 1985 death sentence.

Gardner was convicted in the fatal courthouse shooting of attorney Michael Burdell.

The high court on Thursday set a June 3 hearing date and issued a schedule for attorneys to submit written arguments.

Gardner's attorneys will argue he was denied state funds to pay for experts and investigators who could have provided mitigating evidence during the penalty phase of his trial.



Appeals court hears arguments in Carona case
Court Watch | 2010/05/06 08:25

Former Orange County Sheriff Mike Carona has asked an appeals court to reverse his 2009 conviction for witness tampering.

A panel of the 9th U.S. Circuit Court of Appeals heard arguments Wednesday in Pasadena.

The former sheriff was sentenced to 5 1/2 years in prison for trying to persuade ex-assistant sheriff Don Haidl to lie during a grand jury probe.

Carona's lawyers argued that prosecutors broke an ethical rule when they arranged for Haidl to secretly record an August 2007 conversation despite knowing Carona had retained a criminal defense attorney.

A federal attorney argued that the government used what he called "permissible decoys."

Carona was acquitted in January of conspiracy, mail fraud and a second witness tampering count in a sweeping public corruption case.



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