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Texas judge's death-row appeal testimony to resume
Breaking Legal News | 2009/08/19 09:32
A Texas judge criticized for closing her court with a condemned man's last appeal in the works is set to resume testifying at her ethics trial.

Judge Sharon Keller is telling her side of the story for the first time nearly two years after Michael Wayne Richard was executed.

She'll continue testifying Wednesday. She was first called Tuesday to answer questions about refusing to keep the Texas Court of Criminal Appeals open past 5 p.m. when Richard's lawyers asked for more time to file their rushed appeal on Sept. 25, 2007.

Keller says the move wasn't a ruling on the merits of the request.

She says she received a call shortly before court closed about an appeal running late and that she knew it concerned the execution but that no explanation was given.



Supreme Court says Ga. man should get hearing
Breaking Legal News | 2009/08/18 11:25
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, giving the condemned killer a chance to present evidence his lawyers say could clear him in the murder of an off-duty police officer almost 20 years ago.

The court told a federal judge to hold a hearing to decide whether evidence "that could not have been obtained at the time of trial" could establish Davis' innocence. His case has become a rallying cry for death penalty opponents.

Davis' attorneys contend he deserves a new trial because new evidence proves he was mistakenly identified as the killer. They say several trial witnesses have recanted their testimony, and others who did not testify during the trial have said another man confessed to the killing.

"This is exactly what we asked for," said Jason Ewart, Davis' attorney. "It's been years since these witnesses have come forward, and they've never had their day in court. And now they will."

Davis was convicted 18 years ago for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail, who was shot twice while working off-duty as a security guard at a bus station. He was gunned down after rushing to the aid of a homeless man who had been attacked.

Davis' execution has been delayed three times, including a ruling by an appeals court last year that gave the 40-year-old another chance to press his appeal. The panel rejected the appeal in April, and federal and state courts have repeatedly denied his request for a new trial.



Supreme Court says Georgia man should get hearing
Breaking Legal News | 2009/08/17 10:10
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, whose supporters say is innocent and should be spared from execution for killing a police officer 20 years ago.

Davis has spent 18 years on death row for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail. Davis' attorneys insist that he is innocent and deserves a new trial because several witnesses at his trial have recanted their testimony.

The high court ordered a federal judge in Georgia to determine whether there is evidence "that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence."

Defense lawyers had appealed to the Supreme Court after a federal court denied a new trial request in April.

"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens.

MacPhail was slain 20 years ago while working off-duty as a security guard at a bus station. He had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men. Witnesses identified Davis as the shooter at his 1991 trial.



Broncos' Marshall found not guilty in battery case
Breaking Legal News | 2009/08/16 10:19
A jury in Atlanta found Denver Broncos wide receiver Brandon Marshall not guilty of misdemeanor battery against his former girlfriend, announcing its verdict Friday after about an hour of deliberations.

Marshall had faced two counts of simple battery stemming from a March 4, 2008, argument with then-girlfriend Rasheedah Watley at the Atlanta condominium the couple shared.

Marshall said after the verdict in Fulton County State Court that he had some butterflies in his stomach when deliberations began, but was confident in the work of his lawyers.

"I'm just happy now that legally and emotionally we can move past this," he said, adding that he appreciated the support of teammates and fans. He said he planned to celebrate Friday night by watching his teammates in an offseason game against the San Francisco 49ers.

His lawyer Harvey Steinberg expressed gratitude to NFL commissioner Roger Goodell for waiting for the verdict before deciding whether to take any league action. Marshall was suspended for last year's season opener after a series of domestic disputes, and Goodell had said a conviction in the Atlanta case could have led to a second suspension.

Before the verdict was announced, the judge cautioned that no outbursts would be tolerated and asked anyone who might not be able to comply to leave the courtroom. Watley, who was sitting with her family, got up and left. Her family was visibly disappointed at the verdict but declined comment.



Accused nude doorbell ringer pleads not guilty
Breaking Legal News | 2009/08/15 10:18
A man suspected of appearing nude at homes and ringing doorbells is being held on $60,000 bail after pleading not guilty to a series of charges.


Peter Allen Steele, who is 6 feet 7 inches tall and weighs 250 pounds, entered his not guilty pleas Tuesday after being charged with seven counts, including driving under the influence, evading a peace officer, indecent exposure and entering a house without permission.

Authorities say the 38-year-old Steele led San Mateo County sheriff's deputies on a car chase on July 11 that ended with him streaking into a home and then into woods near Redwood City.

Deputies say it took a Taser and two shots from a bean bag gun to bring him down.



Qualcomm: court grants motion to dismiss lawsuit
Breaking Legal News | 2009/08/11 12:03
Qualcomm Inc. said Tuesday that a California court has granted its motion to dismiss a consumer class-action lawsuit that accused the chip maker of antitrust violations and unfair competition.

Judge William Q. Hayes of the U.S. District Court for the Southern District of California rejected plaintiff Christopher Lorenzo's arguments in his amended complaint, standing by his previous ruling that Lorenzo lacked standing on the antitrust allegations.

The court also manintained that Lorenzo's claims did not give him the right to be compensated by Qualcomm under California's unfair competition law.



Animal groups in court over Helmsley fortune
Breaking Legal News | 2009/08/11 12:03
Leona Helmsley's dog, Trouble, may be living quietly enough in Florida, but there's a lot of barking about the way the late hotel queen's millions are being given away.

Three of the country's largest animal welfare groups on Monday accused the trustees of Leona Helmsley's estate of a "scheme to deprive dog welfare charities" of their stake in the real estate baroness' fortune. They filed a petition in Manhattan Surrogate Court arguing that Helmsley, who died in 2007, specified in her will that her multibillion-dollar estate should be used to help dogs, and the trustees disregarded those wishes.

The groups — the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals and Maddie's Fund — want the court to throw out a judge's February decision that gave the trustees for the Leona M. and Harry B. Helmsley Charitable Trust sole authority to determine which charities would benefit from her estate.

In April, the trustees gave away $136 million to hospitals, foundations and the homeless. They gave $1 million to animal charities, including $100,000 to the ASPCA and groups that train guide dogs for the blind.

The trust, in a statement posted on its Web site, said Helmsley never wanted her fortune just to go to dogs.

"Did Leona Helmsley intend for this charitable trust to focus on the care and help of dogs, rather than people? Absolutely not," the statement said. "Have the trustees of this vast fortune acted improperly and ignored Mrs. Helmsley's instructions? Again, absolutely not."

The hotel heiress, whose fortune had been estimated at $5 billion to $8 billion after her death at age 87, also named her dog as a beneficiary in her will, leaving a $12 million trust fund for the little white Maltese. But a judge whittled that amount down to $2 million.



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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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