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Court to decide constitutionality of bad advice
Breaking Legal News | 2009/10/13 09:25

Supreme Court justices are questioning whether defendants should expect their lawyers to advise them on all the possible consequences of a guilty plea before it is submitted to a court.

Jose Padilla wants his guilty plea to drug charges thrown out. The Honduras-born immigrant says he wouldn't have made the plea if his lawyer hadn't incorrectly told him it would not affect his immigration status. He now faces deportation.

Lawyer Stephen Kinnaird says bad advice on the collateral consequences of a guilty plea is a violation of the constitutional right of "effective assistance of counsel."

But prosecutor WM Robert Long Jr. said criminal attorneys' only constitutional duty is to advise defendants on guilt, innocence and sentencing when it comes to pleas.



Fla. appeal court again rules against NCAA
Breaking Legal News | 2009/10/13 09:24

A Florida appellate court again has rebuffed the NCAA's effort to prevent public release of documents on academic cheating at Florida State.

The 1st District Court of Appeal late Monday denied the college athletics organization's motions for a rehearing or certification of the case to the Florida Supreme Court.

The documents being sought by The Associated Press and other news media concern a proposal to take wins away from coaches and athletes.

That includes football coach Bobby Bowden who could lose 14 victories — diminishing his already dwindling chances of overtaking Penn State's Joe Paterno as major college football's winningest coach.



Prison time, felony charges rare for relic looters
Breaking Legal News | 2009/10/12 08:37
Sentences of probation — not prison time — for a southern Utah mother and daughter who pleaded guilty to illegal trafficking of Indian artifacts last month weren't out of the ordinary.

A 10-year analysis of prosecutions under a law meant to punish artifact looters shows most people convicted never go to prison.

Archaeologist and former academic Robert Palmer has found in his review of cases from 1996 to 2005 that of the 83 people found guilty, 20 went to prison and 13 of those received sentences of a year or less. Another study found only 14 percent of artifact looting cases are ever solved.

Jeanne and Jericca Redd were given probation after pleading guilty to several felonies related to a sweeping federal investigation into grave robbing and artifact trapping in the Southwest.



Congress to look into Vikings case
Breaking Legal News | 2009/10/12 08:35

The House Energy and Commerce Committee plans to conduct a hearing next month on the case of two professional football players whose suspensions were blocked by a federal appeals court.

Committee Chairman Henry Waxman, D-Calif., is concerned that the legal issues raised in the case "could result in weaker performance-enhancing drugs policies for professional sports," the committee said in a statement issued to The Associated Press Thursday.

The committee provided the statement after the AP reported the hearing, citing two people with knowledge of the committee plans. The two spoke on the condition of anonymity because the hearing had not yet been announced.

The NFL had attempted to suspend Minnesota Vikings Pat Williams and Kevin Williams four games each for violating the league's anti-doping policy.

But the players sued, arguing that the NFL's testing violated state workplace laws. A federal judge issued an injunction blocking the order, which was upheld last month by a three-judge panel of the 8th U.S. Circuit Court of Appeals.

The decision troubled the NFL and professional sports leagues, which expressed concern about players being subjected to different standards depending on their state. NFL commissioner Roger Goodell said after the ruling that the NFL was considering its next step, which could include an appeal, a trial in state court, or taking the issue to Congress. Subsequently, the league was granted more time to file documents asking the court to reconsider the suspensions.



Sharp debate at high court over cross on US land
Breaking Legal News | 2009/10/12 08:33
As the Supreme Court weighed a dispute over a religious symbol on public land Wednesday, Justice Antonin Scalia was having difficulty understanding how some people might feel excluded by a cross that was put up as a memorial to soldiers killed in World War I.

"It's erected as a war memorial. I assume it is erected in honor of all of the war dead," Scalia said of the cross that the Veterans of Foreign Wars built 75 years ago atop an outcropping in the Mojave National Preserve. "What would you have them erect?...Some conglomerate of a cross, a Star of David, and you know, a Muslim half moon and star?"

Peter Eliasberg, the American Civil Liberties Union lawyer arguing the case, explained that the cross is the predominant symbol of Christianity and commonly used at Christian grave sites, not that the devoutly Catholic Scalia needed to be told that.



Man pleads not guilty to north Dublin murder
Breaking Legal News | 2009/10/12 03:38

A Dublin man has pleaded not guilty to murdering an Estonian man who died following an attack in a lay-by near Dublin Airport.

Twenty-eight-year-old Ian Daly, of Moatview Drive, Priorswood, Dublin 17, today entered his not guilty pleas to murdering Valeri Ranert and to the unlawful seizure of the man's car in 2007.

Mr Ranert was attacked by a group of people who approached his car in a lay-by near Dublin Airport in the early hours of the morning on April 30th, 2007.

He was left lying on the roadside and his car was driven away.

It was later found burned out at a disused halting site in north Dublin.

Ian Daly was charged with his murder and, today, he appeared before Mr Justice Paul Carney at the Central Criminal Court.

He replied not guilty when two charges, one of murdering Mr Ranert and one of the unlawful seizure of his car, were put to him in open court.

A jury of three women and nine men was sworn in for the trial, which is to get underway tomorrow morning and is due to last six days.



UK hacker's latest US extradition appeal fails
Breaking Legal News | 2009/10/09 09:22

A British man accused of hacking into American military computers has failed in his latest bid to avoid extradition to the U.S., his lawyer said Friday.


Gary McKinnon is charged with breaking into dozens of computers belonging to NASA, the U.S. Defense Department and several branches of the U.S. military soon after the Sept. 11 attacks. U.S. prosecutors have spent seven years seeking his extradition.

The 43-year-old claims he was searching for evidence of alien life, although prosecutors say he left a message on an Army computer criticizing U.S. foreign policy.

The High Court decision denies McKinnon the possibility of taking his case to the country's new Supreme Court — the latest in a series of blows to his campaign to remain in Britain.

Lord Justice Stanley Burnton said that extradition was "a lawful and proportionate response" to McKinnon's alleged crimes and that the legal issues raised by the case were not important enough to be considered by the nation's highest court.



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