|
|
|
Appeals court orders Cuban militant to stand trial
Breaking Legal News |
2008/08/15 03:28
|
A federal appeals court on Thursday ordered Cuban militant Luis Posada Carriles to stand trial in El Paso on immigration fraud charges. A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled that Posada, an 80-year-old anti-Castro militant, should stand trial on charges that he lied to federal authorities in his 2005 bid to become a U.S. citizen. The criminal case against Posada had been dismissed last year when El Paso-based U.S. District Judge Kathleen Cardone ruled that the government engaged in trickery and deceit by using a naturalization interview to build a case against Posada. Felipe Millan, one of Posada's lawyers in El Paso, said Posada's legal team was reviewing the decision and would decide on a course of action afterward. In an e-mailed statement to The Associated Press, Justice Department spokesman Dean Boyd said, "We're pleased with the ruling and will proceed forward as appropriate." The Cuban-born citizen of Venezuela is wanted in the South American country on charges that he orchestrated the 1976 bombing of a Cuban jetliner. He has denied any wrongdoing. Posada was first arrested on a civil immigration violation in May 2005 after sneaking into the country from Mexico about two months earlier. Posada, a former CIA operative and U.S. Army officer, has claimed that he was brought across the border into Texas by a smuggler, but federal authorities have alleged that he actually sailed from Mexico to Florida. |
|
|
|
|
|
Judge asked to seize $8B from Calif. treasury
Breaking Legal News |
2008/08/14 09:05
|
A federal court overseer asked a judge Wednesday to seize $8 billion from California's cash-strapped treasury to improve medical care at the state's overcrowded prisons. Court-appointed receiver Clark Kelso said he needs the money over the next five years to build new medical units for 10,000 sick or mentally ill inmates. Kelso also asked U.S. District Judge Thelton Henderson to hold Gov. Arnold Schwarzenegger and the state's controller in contempt of court if they don't allocate the money soon. Federal courts have declared the health care system in California's 33 state prisons so poor that it violates inmates' constitutional rights. Kelso was named by the court to oversee the reform effort. The request to U.S. District Judge Thelton Henderson in San Francisco comes as lawmakers remain at odds over how to cope with California's $15.2 billion deficit seven weeks after the start of the fiscal year. |
|
|
|
|
|
Appeals court reverses Steinbeck copyrights ruling
Breaking Legal News |
2008/08/13 08:50
|
A federal appeals court has reversed a ruling that awarded John Steinbeck's son and granddaughter publishing rights to 10 of the author's early works, including "The Grapes of Wrath." The appeals court said Wednesday that a judge made a mistake when he ruled the works belonged to the son, Thomas Steinbeck, and granddaughter Blake Smyle (SMILE'-ee). A lawyer for the two didn't return a telephone message seeking comment Wednesday. The two had won rights previously held by various individuals and organizations, including Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine. The appeals court ordered the lower court judge to rule in favor of Penguin and the heirs of Elaine Steinbeck. Steinbeck's widow died in April 2003. |
|
|
|
|
|
Court blocks MIT students from showing subway hack
Breaking Legal News |
2008/08/11 08:38
|
A federal judge has ordered three college students to cancel a presentation at a computer hackers' conference showing security flaws in the automated fare system used by Boston's subway. A U.S. district court judge in Massachusetts issued a temporary restraining order preventing the Massachusetts Institute of Technology students from demonstrating at the Defcon conference on Sunday in Las Vegas how to take advantage of the system's vulnerabilities to get free rides. The Massachusetts Bay Transportation Authority says in a complaint filed Friday that the students offered to show others how to use the hacks before giving the transit system a chance to fix the flaws. |
|
|
|
|
|
Court favors couple in Ohio 'caged kids' case
Breaking Legal News |
2008/08/11 06:38
|
An Ohio appeals court has ruled against a new trial on additional charges for a couple convicted of abusing some of their adopted children and forcing them to sleep in cages. Huron County prosecutor Russ Leffler had argued that a judge should not have dismissed falsification and perjury charges that were filed against Michael and Sharen Gravelle. But on Friday the appeals court in Toledo agreed with the lower court judge and upheld his dismissal of the charges. The Gravelles' attorney, Kenneth Myers, says it means one less potential hurdle to overcome as they appeal their child abuse and endangering convictions. |
|
|
|
|
|
Texas executes immigrant after winning court fight
Breaking Legal News |
2008/08/08 03:28
|
An illegal immigrant from Honduras who claimed his treaty rights were violated when he was arrested for a robbery-murder near Dallas was executed Thursday evening. "God forgive them, receive my spirit," Heliberto Chi said in English. In Spanish, he told a friend watching through a window that he loved him and appreciated his hard work. He appeared to be whispering a prayer in Spanish with a tear at the corner of his right eye as the lethal drugs began to take effect. One of Chi's cousins, who was among the witnesses, sobbed uncontrollably. Two sons of his victims watched through another window and Chi glanced at them briefly but didn't appear to acknowledge them. Chi was pronounced dead nine minutes later at 6:25 p.m. CDT. He murdered his former boss, Armand Paliotta, during a 2001 robbery at an Arlington men's clothing store where Chi had once worked. An employee was wounded trying to run away and another hid among clothing racks and called 911 for help. Chi went on the run with his 18-year-old pregnant girlfriend. She turned him in California about six weeks later for assaulting her and told authorities he was wanted for murder in Texas. Lawyers for Chi had claimed in appeals to the U.S. Supreme Court that he should have been told he could get legal assistance from the Honduran consulate when he was extradited to Texas to face charges. The Supreme Court, ruling about 2 1/2 hours before his scheduled execution time, rejected his appeal without dissent. The Texas Court of Criminal Appeals, the state's highest criminal court, rejected a similar appeal late Wednesday. |
|
|
|
|
|
Court rejects suit opposing religion in vets care
Breaking Legal News |
2008/08/07 08:23
|
Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled. The 7th Circuit Court of Appeals ruled Tuesday the Madison-based Freedom From Religion Foundation and three of its members have no legal standing to bring the case. The group was trying to end the department's practice of asking patients about their religion in "spiritual assessments," its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state. But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision last year in which the same group was not allowed to sue over President Bush's faith-based initiative. In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a congressional spending bill, the court ruled. Congress never authorized spending on the chaplain services, pastoral care and other programs challenged, the 7th Circuit ruled. Annie Laurie Gaylor, the foundation's co-president, criticized the ruling but said an appeal to the Supreme Court was unlikely. She said the group would look for VA patients who object to their treatment to be potential plaintiffs but said such a case would still be difficult to win. "The courts are moving to the position where government can fund religious activities and endorse religion without restraint," she said. "It's really very disturbing." The veterans agency, which treated 5.3 million people at its facilities in 2005, says it believes spirituality should be integrated into care, but it allows patients to decide whether that involves religion. Its spiritual assessments ask patients a series of questions about their faith, such as how often they attend church and how important religion is in their lives. Agency officials say the assessments help them determine patients' needs. |
|
|
|
|
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. |
Law Firm Directory
|
|