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Court Battle Looms over Nina Wang's Estate
Breaking Legal News | 2007/12/10 09:41
A High Court judge in Hong Kong Monday appointed an administrator to oversee the estate of Asia's richest woman, the late Nina Wang, ahead of an anticipated court battle over her fortune estimated to be at least 4.2 billion dollars.

Wang, 69, the former chairwoman of the Chinachem property empire, died of cancer in April, apparently leaving her entire fortune to a part-time feng shui master Chan Chun Cheun.

The will is being challenged by relatives acting through a Chinachem charitable foundation and judge Andrew Cheung said at a hearing Monday he expected a 'protracted' litigation over the huge fortune.

Speaking after the hearing, Chan's solicitor Jonathan Midgley, who had sought an administration order on behalf of Chan, said he still hoped the case could be settled outside court.

Wang was named as the richest woman in Asia in 2006 with a fortune estimated at 4.2 billion dollars, although some estimates suggested her real worth may have been closer to 13 billion dollars.

With no children of her own, Wang wrote a new will in 2006, two years after her ovarian cancer was diagnosed, making 48-year-old Chan her sole beneficiary.

However, her sisters and other relatives filed suit to fight for her estate, which was originally shared between charities and family members in an earlier 2002 will.

Chan is an expert in feng shui, the ancient Chinese practice of placement and arrangement of space to achieve harmony with the environment, and is consulted by property developers for readings.

Wang herself died only shortly after winning an eight-year legal battle over the fortune of her husband Teddy, which she inherited after he was kidnapped in 1990 and later declared dead when no trace of him was ever found.

She built his company, Chinachem, up into a multi-billion-dollar business empire, but initially lost a probate battle with her father-in-law.

In a 2002 hearing, Hong Kong's High Court heard claims that Nina Wang had an affair in the 1960s which led Teddy to cut her out of his will, although they remained married.

Appellate court judges initially ruled she had probably forged the will of her late husband and, after the ruling, police charged Nina Wang with forgery.

The charges were dropped, however, after Hong Kong's Court of Final Appeal overturned the probate decision and ruled there was no evidence to support the claim that Wang had forged the will.

Despite her enormous wealth, Wang, who had her hair in pigtails and wore mini-skirts well into her 60s, was notoriously frugal, once claiming she needed only around 400 dollars a month to live.


Federal Court Hears Pledge, Motto Cases
Breaking Legal News | 2007/12/05 09:45
An atheist pleaded with a federal appeals court to remove the words "under God" from the Pledge of Allegiance and "In God We Trust" from U.S. currency, saying the references disrespect his religious beliefs.

"I want to be treated equally," said Michael Newdow, who argued the cases consecutively to a three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday. He added that supporters of the phrases "want to have their religious views espoused by the government."

Newdow, a Sacramento doctor and lawyer, sued his daughter's school district in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th Circuit ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that he lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children in another district.

In 2005, a federal judge in Sacramento again found in favor of Newdow, ruling the pledge was unconstitutional. The judge said he was following the precedent set by the 9th Circuit's ruling in Newdow's first case.

Terence Cassidy, a lawyer for the school district, argued Tuesday that reciting the pledge is simply a "patriotic exercise" and a reminder of the traditions of the U.S.

"How is pledging allegiance to a nation under God not a religious act?" Judge Dorothy W. Nelson asked. Cassidy said the pledge has religious elements but is not a religious exercise.

Newdow said the pledge has "tons of religious significance. That's why everyone gets so angry when we talk about ... taking it out."

Nelson asked Cassidy whether removing the words "under God" would make the pledge any less patriotic.

"Not necessarily," he replied, arguing it provided a historical context, not a religious one.

Congress added the words "under God" to the Pledge of Allegiance in 1954, and passed a law requiring all U.S. currency to carry the motto "In God We Trust" a year later. Congress first authorized a reference to God on money in 1864.

In describing the historical context for use of the word "God," the government cited the Declaration of Independence, which states that all men "are endowed by their Creator with certain unalienable rights."

In 2005, Newdow sued Congress and several federal officials, arguing the motto's presence on coins and currency violated his First Amendment rights. A federal judge in Sacramento ruled against him last year, and Newdow appealed.

On Tuesday, Justice Department lawyer Lowell Sturgill Jr. said "In God We Trust" is not an endorsement of a particular faith, but simply a patriotic or ceremonial message.

Judge Stephen Reinhardt indicated support for Newdow's position.

The "In God We Trust" motto "affects Mr. Newdow every moment of his life," Reinhardt said. "The government has no compelling interest to put a slogan on a dollar bill."

Newdow said he didn't advocate hostility toward God or religion and respected people's right to their own beliefs. He said he wanted equal respect for atheists.

About 20 Newdow supporters in the courtroom and outside the courthouse wore T-shirts touting evolution and atheism and carried signs supporting the separation of church and state.



High court mulls racial bias in juror selection
Breaking Legal News | 2007/12/05 07:44
A deeply torn Supreme Court on Tuesday probed the actions of a Louisiana prosecutor who eliminated all blacks from a jury pool, then invoked the O.J. Simpson case in urging the all-white jury to sentence a black man to death.

Prosecutor James Williams said the "perpetrator" in that famous California case "got away with it."

Allen Snyder, who was then sentenced to die for killing his estranged wife's friend, claims the prosecutor unconstitutionally excluded prospective black jurors. Snyder said the prosecutor's reference during the 1996 trial to Simpson, who a year earlier was acquitted of killing his ex-wife and her friend, helped reveal his biased intent.

The justices appeared divided over the case, which could clarify standards for defendants who claim racial bias in jury selection. An overriding question is how deeply appeals courts should scrutinize the circumstances when a prosecutor purges blacks from a jury and a judge accepts the reasons as race-neutral, for example, that a potential juror seemed nervous.

A 1986 case, Batson v. Kentucky, bars prosecutors from using their allotted "peremptory," or discretionary, challenges during jury selection to strike someone because of race. The justices have emphasized in recent rulings that the exclusion of minorities undermines the integrity of the justice system.



Teen Pleads Guilty to Highway Shootings
Breaking Legal News | 2007/12/05 02:51
A teenager pleaded guilty to reduced charges Monday in a series of Indiana highway sniper shootings that left one man dead and another wounded.

Zachariah Blanton, 18, of Gaston, had been scheduled to stand trial next week on charges of murder, attempted murder and criminal recklessness. He pleaded guilty in Jackson Circuit Court to lesser charges of voluntary manslaughter with a deadly weapon and criminal recklessness.

A judge must still approve Blanton's deal with prosecutors. Sentencing is set for Dec. 27, and Blanton could receive anything between 20 years and 50 years in prison.

Prosecutors say Blanton fired his hunting rifle into highway traffic from an overpass about 60 miles south of Indianapolis on July 23, 2006.

One of the shots went through a pickup truck's windshield and killed 40-year-old Jerry L. Ross. An Iowa man traveling in another pickup truck was injured.

Police say Blanton later shot at cars along another highway northeast of Indianapolis, but no one was injured. Blanton, who was 17 at the time, was arrested at his home two days later.

Blanton's defense attorney did not publicly comment after court and did not immediately return a phone call.

Blanton confessed to the shooting and provided police with details, police have said. Blanton told police he fired the shots to relieve pressure after he argued with fellow participants in a southern Indiana hunting trip. Blanton confirmed the motive in court Monday.

Ross's relatives, wearing "Justice for Jerry" buttons outside the courthouse, said they were unhappy with the deal.

His father, 70-year-old Jesse Ross, said a jury should decide Blanton's fate.

"Twelve people would be about as fair as it could be, it couldn't get no better than that," he said. "I don't think this is right, the way they're doing it. All we want is a fair trial because you can't bring nothing back."

Blanton "committed those crimes, he should be standing trial for them," said Jerry's twin brother, Terry Ross, who was in the truck with his brother when he was shot. "He didn't give Jerry any kind of a deal."

Prosecutor Rick Poynter said he had to make the deal based on the strength of his case. He noted that the judge had ruled that statements Blanton gave police were inadmissible.

If Blanton had been convicted of murder, he could have faced 45 to 65 years in prison. But Poynter said the jury also could have acquitted him or found him guilty of reckless homicide, a lesser crime punishable by two to eight years in prison.

Poynter said that although he understood the family's reaction, "I think they would be a lot more emotional if the killer of their loved one walked out of jail in four years."



NJ top court upholds killer's death sentence
Breaking Legal News | 2007/12/04 06:12
A unanimous state Supreme Court on Tuesday upheld the death sentence for Ambrose Harris, ruling that the special circumstances that removed another killer from death row did not apply to Harris. The 7-0 decision rejected the latest appeal by Harris, finding that the inmate could not muster a majority of sitting justices who had sided with him on prior appeals. The ruling, however, may have little practical effect for Harris and the seven other inmates on the state's death row at New Jersey State Prison in Trenton, since New Jersey may be on the verge of scrapping the death penalty.

Harris was represented by the state public defender's office, which had no immediate comment.

The attorney general's office had no immediate comment.

Harris, 55, had been sentenced to death in 1996 for murdering Kristin Huggins, 22, of Lower Makefield, Pa., whom he kidnapped and raped in 1992.

The Harris ruling is based on a July 2006 decision in which the state Supreme Court overturned the death sentence for Anthony DiFrisco, a hit man who said he was paid $2,500 to shoot a Maplewood pizzeria owner in 1986.

DiFrisco's successful appeal centered on complex procedural issues involving the type and timing of reviews afforded in capital cases. The ruling determined that DiFrisco's death sentence must be overturned because a majority of justices had voted _ at various times and for various reasons _ to sentence him to life in prison.

The court did not find the same circumstances existed for Harris. It noted that to find four justices who had voted to overturn his death penalty, Harris essentially counted one justice twice.

While in prison in September 1999, Harris killed a fellow death row inmate, kicking and stomping 48-year-old Robert "Mudman" Simon to death. A jury in 2001 found that Harris acted in self-defense and found him innocent of murder and manslaughter charges.

On Monday, New Jersey moved closer to becoming the first state to abolish the death penalty since the U.S. Supreme Court reinstated it in 1976 when a Senate committee approved replacing capital punishment with life in prison without parole. The full Senate is to consider the bill before the legislative session ends on Jan. 8, and the bill should get a vote by the full Assembly this month. Gov. Jon S. Corzine, a death penalty foe, supports the bill.

New Jersey reinstated the death penalty in 1982, but hasn't executed anyone since 1963.


Pledge, Motto Cases to Be Heard by Court
Breaking Legal News | 2007/12/04 06:08
An atheist seeking to remove the words "under God" from the Pledge of Allegiance and U.S. currency is taking his arguments back to a federal appeals court.

Michael Newdow, a Sacramento doctor and lawyer, sued the Elk Grove Unified School District in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th U.S. Circuit Court of Appeals ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that Newdow lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children.

In 2005, a federal judge in Sacramento found in favor of Newdow, ruling the pledge was unconstitutional because its reference to "one nation under God" violates children's rights to be "free from a coercive requirement to affirm God." The judge said he was following the precedent set by the 9th Circuit Court's ruling in Newdow's first case.

A three-judge panel from that court was to hear arguments in the case on Tuesday. The same panel also was to hear arguments in Newdow's case against the national motto, "In God We Trust."

In 2005, Newdow sued Congress and several federal officials, arguing that making money with the motto on it violated the First Amendment clause requiring the separation of church and state.

Last year, a federal judge in Sacramento disagreed, saying the words did not violate Newdow's atheism. Newdow appealed.

Congress first authorized a reference to God on a two-cent piece in 1864. In 1955, the year after lawmakers added the words "under God" to the Pledge of Allegiance, Congress passed a law requiring all U.S. currency to carry the motto "In God We Trust."



Court Rejects Mental Health Case
Breaking Legal News | 2007/12/03 07:16
A Mississippi death row inmate whose lawyer had never tried a case and suffered from mental illness failed Monday to persuade the Supreme Court to take his case. The court did not comment in denying the appeal from Quintez Hodges, who was sentenced to death in 2001 for killing his ex-girlfriend's brother two years earlier. Hodges presented evidence that his attorney, Michael Miller, was abusing drugs around the time of his trial and suffered from mental illness. A little over a year after Hodges' trial, Miller's parents had him committed to a psychiatric hospital.

The state said Mississippi courts examined Hodges' claims and determined they lacked merit.

"Miller's commitment papers...clearly show that this was his first commitment," state Attorney General Jim Hood told the court.

Under prior Supreme Court rulings, defendants have to show that their lawyer was deficient and that the outcome probably would have been different with competent representation.



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