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No Misconduct Found in Blackwater Case
Court Watch |
2010/01/20 09:33
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A federal judge has opted not to impose a finding of prosecutorial misconduct on Justice Department lawyers for their handling of a case against Blackwater security guards involved in a 2007 shooting in Baghdad. In Federal District Court here last month, Judge Ricardo M. Urbina threw out all charges against the five involved in the shootings, which left 17 Iraqis dead and about 20 wounded. In that decision, Judge Urbina wrote that in a “reckless violation of the defendants’ constitutional rights,” investigators, prosecutors and government witnesses had inappropriately relied on statements the guards had been compelled to make in debriefings by the State Department shortly after the shootings. The State Department had hired the guards to protect its officials.
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Ex-U.S. attorney joins law firm in Lafayette
Legal Careers News |
2010/01/20 08:45
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Former U.S. Attorney Donald W. Washington, who served his last day in office Monday, has joined the law firm of Jones, Walker, Waechter, Poitevent, Carrère & Denègre. Washington will practice from the firm’s Lafayette office, according to a release issued by the firm Tuesday. Washington will focus on complex civil litigation, federal and state criminal investigations, regulatory enforcement actions and internal investigations and compliance programs in such industries as health care, maritime and energy, the release stated. President George W. Bush appointed Washington to serve as U.S. Attorney for the Western District of Louisiana in September 2001. Washington announced his resignation Jan. 7. First assistant U.S. Attorney William J. Flanagan is serving as acting U.S. Attorney until a replacement is named. |
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Court dismisses California prisoner release case
Breaking Legal News |
2010/01/19 08:43
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The high court's decision to dismiss the appeals for lack of jurisdiction occurred as part of a long-running legal battle over California's 33 adult prisons and their often-criticized medical care for inmates. A panel of three federal judges in August ordered the state's prison population be reduced in stages over two years to relieve the overcrowding that has caused inadequate medical and mental health care. California's prisons have been filled to nearly twice their designed capacity of 80,000, according to the ruling. The Supreme Court noted the state has come up with a plan to comply with the lower court's order but the three-judge panel earlier this month put it on hold pending the outcome of the appeals to the high court. With the appeals dismissed, the plan can go forward. Improving conditions in the nation's largest state prison system has become a major legal, political and budget issue in view of California's budget crisis and high unemployment.
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Court throws out ruling favorable to suspect
Court Watch |
2010/01/19 08:42
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The Supreme Court on Tuesday threw out a court ruling that invalidated a former Black Panther's death sentence for killing a Philadelphia police officer in 1981. The move was the latest twist in Mumia Abu-Jamal's racially tinged case that has drawn international attention. The justices ordered the 3rd U.S. Circuit Court of Appeals in Philadelphia to take another look at Abu-Jamal's claim that the jury weighing his punishment was given flawed instructions. The high court acted on Pennsylvania's appeal of the 3rd Circuit ruling following a decision last week in a capital case from Ohio that turned on a similar issue. The 3rd Circuit could order a federal trial court to consider Abu-Jamal's case anew, including other claims he has raised that have yet to be decided. A Philadelphia jury convicted Abu-Jamal of killing white Philadelphia police Officer Daniel Faulkner in 1981 after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop. |
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Court sends shaken baby case back to 9th Circuit
Criminal Law |
2010/01/19 05:43
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The Supreme Court has again reinstated the conviction of a California woman for shaking her 7-week-old grandson in a case that has become a tug-of-war with the federal appeals court in San Francisco. Shirley Ree Smith was convicted in December 1997 and was sentenced to 15 years to life in prison. After California appeals courts ruled against Smith, the 9th U.S. Circuit Court of Appeals overturned the conviction in 2006. The appellate judges said they found "no demonstrable support" for the prosecution's theory of the case. Prosecutors said that Smith lost her temper when Etzel Dean Glass III began to cry and shook him to death. In 2007, the high court ordered the 9th Circuit to reconsider its decision based on a recent Supreme Court ruling. In that case, the justices overturned another ruling by the appeals court that was favorable to a convicted killer. |
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Mo. Court Hears Challenge to Malpractice Limits
Law Center |
2010/01/15 09:06
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Missouri's top judges questioned on Thursday whether a 2005 law limiting medical malpractice lawsuits is being wrongly applied to people retroactively and is discriminating against the spouses of those injured. Attorneys for patients argued to the state Supreme Court that the law violates numerous provisions of the Missouri Constitution and that lawmakers had no rational basis to reduce the amount of money that people who had been harmed could win from medical providers. The law was a priority of the Republican-led Legislature and then-Gov. Matt Blunt. They claimed "tort reform" was essential to curtail rising liability insurance premiums for doctors and to ensure that health care was available and affordable for Missouri residents. A main change in the 2005 law lowered the cap for non-economic damages such as pain and suffering in medical malpractice cases to a flat $350,000 per lawsuit. Missouri's previous limit of $579,000 had been adjusted annually for inflation and had been interpreted by courts to apply to multiple parties in a lawsuit. |
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Court: Mass. Law on Wine Shipping Unconstitutional
Breaking Legal News |
2010/01/15 09:03
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A Massachusetts law that sharply restricts out-of-state winemakers from shipping their products directly to consumers in the state is unconstitutional, a federal appeals court ruled. Thursday's decision by the 1st Circuit Court of Appeals to uphold a lower court ruling could open the door for connoisseurs in Massachusetts to purchase more of their favorite wines online or by mail order from domestic producers. The law, approved by the Legislature in 2006 over the veto of then-Gov. Mitt Romney, created a multi-tiered system in which wineries that produce more than 30,000 gallons a year must decide whether to sell retail in Massachusetts through an in-state wholesaler or apply for a license to ship wines directly to consumers. They cannot, however, do both. The cap does not affect any of the nearly three dozen wineries based in Massachusetts, all of which are small and produce under the 30,000-gallon limit. "We hold that (the law) violates the Commerce Clause because the effect of its particular gallonage cap is to change the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts's wineries and significantly burdens out-of-state competitors," the appellate court wrote in its decision. |
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