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Supreme court to decide federal sex offender law
Court Watch |
2009/06/25 06:20
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The U.S. Supreme Court said Monday that it would decide whether Congress may adopt a federal law that keeps sex offenders in custody indefinitely after they complete their prison sentences.
The high court agreed to hear an Obama administration appeal seeking to reinstate a 2006 law providing for the continued detention of "sexually dangerous" convicted federal inmates who have served their prison terms. A U.S. appeals court based in Virginia struck down the law for exceeding the limits of congressional authority and intruding on police powers Constitution reserves for the states, many of which have similar laws. The law had been challenged by five inmates who had been kept in custody at a federal prison hospital in North Carolina after their sentences ended. The U.S. Justice Department said a total of 95 inmates have been identified as possible candidates for post-sentence detention under the law. In 1997, the Supreme Court ruled the states could confine dangerous sex offenders to mental institutions after they serve their sentences. Many state laws provide for the commitment under civil law of mentally ill sex offenders who pose a risk of committing more crimes involving children if released into the community. The federal law defined "sexually dangerous" as someone who suffers from a serious mental illness, abnormality or disorder and would have difficulty in refraining from sexually violent conduct or child molestation, if released. |
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Woman pleads guilty, took dead mother's benefits
Court Watch |
2009/06/25 03:21
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A Florida woman accused of hiding her dead mother's body and collecting federal benefits for six years has pleaded guilty to a theft charge.
Penelope Jordan pleaded guilty Monday to theft of government property. The 61-year-old woman was arrested in March after police found her mother's decaying body barricaded in a bedroom in Sebastian, about an hour north of West Palm Beach. Jordan told officials her mother had actually died in early 2003. Prosecutors say Jordan was collecting Social Security benefits, as well a military pension from her mother's late husband. Jordan's plea deal calls for her to pay $237,876 in restitution. Her sentencing was scheduled for Sept. 21. |
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Calif. man pleads not guilty to stepdaughter abuse
Court Watch |
2009/06/25 01:23
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A long-haul truck driver pleaded not guilty Monday to charges he sexually abused his teenage stepdaughters and fathered one girl's baby.
Tony Slone, 43, entered the plea in Superior Court in Victorville, said Susan Mickey, a spokeswoman for the San Bernardino County district attorney's office. Slone was charged with sexually abusing his now 13- and 16-year old stepdaughters over the last four years. His wife was charged with child abuse for allegedly letting her elder daughter continue to have contact with Slone after he fathered her 13-month-old child. Tony Slone was arrested June 4 in Chester, N.Y., where he had traveled for work, and was extradited to California on Sunday. He is a registered sex offender and previously served an eight year-prison sentence for lewd acts with a child. Prosecutors say they learned of the abuse when a high school student reported reading sexual text messages on her friend's cell phone from her friend's stepfather. Mickey said an attorney from the conflict panel was appointed for Slone. No one at the panel's offices was immediately available to comment. Slone's next court date is June 30. Anita Slone, 47, reached a plea deal with prosecutors last week. She pleaded guilty in exchange for no more than 180 days in county jail and five years probation, said Kathleen DiDonato, a deputy district attorney. DiDonato said the probation would help protect the daughters until they are adults. Anita Slone is scheduled to be sentenced in July. |
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Spammer Ralsky pleads guilty to stock fraud
Court Watch |
2009/06/23 08:38
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Alan Ralsky, a spam kingpin who was convicted of felony bank fraud in 1995, could face more than seven years in prison after pleading guilty in a stock fraud case involving spam messages that pumped up Chinese "penny" stocks.
Ralsky and four other individuals pleaded guilty on Monday, joining three others who had pleaded guilty earlier, the US Department of Justice announced on Monday. Cases are still pending against three other people, they said. The defendants were indicted in the Eastern District of Michigan in 2007.
In 2004 and 2005, the group engaged in a set of related conspiracies to manipulate stocks using false and misleading spam messages. After the spam boosted the trading volume and prices of the thinly traded stocks, the conspirators profited by trading in their shares. Many of the shares were low-priced "pink sheet" stocks for US companies owned by individuals in Hong Kong and China, the DOJ said.
Ralsky, 64, of Bloomfield Hills, Michigan, pleaded guilty to conspiracy to commit wire fraud and mail fraud and to violate the CAN-SPAM Act. As part of his guilty plea, Ralsky acknowledged he faces as much as 87 months in prison and a US$1 million fine. Ralsky's son-in-law, Scott Bradley, 38, also of Bloomfield Hills, pleaded guilty to the same charges and acknowledged he faces as long as 78 months in prison and a $1 million fine.
John Bown, 45, of Fresno, California, admitted creating a botnet to send the spam. Bown pleaded guilty to conspiracy to commit wire fraud and mail fraud and to violate the CAN-SPAM Act, as well as conspiracy to commit computer fraud. He faces as much as 63 months in prison and a US$75,000 fine. William Neil, 46, of Fresno, and James Fite, 36, of Culver City, California, also pleaded guilty in the case. All five defendants are scheduled to be sentenced on October 29. |
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No benefits for LA girl born from dead man's sperm
Court Watch |
2009/06/19 08:15
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A 10-year-old girl conceived from the frozen sperm of a dead man cannot receive his Social Security benefits, a federal appeals court ruled.
A panel of the 9th U.S. Circuit Court of Appeals on Wednesday upheld a lower court's rejection of child survivor benefits for Brandalynn Vernoff, who was born nearly four years after her father's death in 1995.
The case involved sperm that Bruce Vernoff's widow, Gabriela, had a doctor extract after he died unexpectedly from an allergic reaction. In 1998, she used it for in vitro fertilization and gave birth to Brandalynn in a Los Angeles hospital on March 17, 1999. Gabriela Vernoff later applied for child survivor benefits from the Social Security Administration but was rejected. A federal judge in Santa Ana also rejected her claims. The appellate panel ruled that while there was an "undisputed biological relationship" between Brandalynn and her father, the girl was not a dependent at the time of his death as defined by Social Security regulations and by California law on the establishment of paternity. The three-judge panel noted that California law only grants inheritance rights to children conceived within one year after a parent has died. The ruling also said there was no evidence that Vernoff consented to his wife's artificial insemination, which under state law would be required to establish his paternity. Gabriela Vernoff "has not provided any evidence of consent to the conception by the insured or his willingness to support Brandalynn," the ruling said. A message left for the widow's attorney was not immediately returned Thursday. |
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Court upholds settlement in asbestos law
Court Watch |
2009/06/18 09:02
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The Supreme Court has agreed to reinstate a roughly $500 million settlement of asbestos lawsuits against the Travelers Companies Inc.
Travelers had been named in lawsuits alleging that it tried to hide dangerous health effects of asbestos. The company argued that asbestos claims be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge.
Travelers settled with several groups of plaintiffs with the caveat that federal courts make clear the company would not have to face any new similar lawsuits. The 2nd U.S Circuit Court of Appeals in New York overturned lower-court approval of the settlement, saying a bankruptcy judge lacks the authority to act so broadly. The high court overturned that decision. |
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Court finds convicts have no right to test DNA
Court Watch |
2009/06/18 06:05
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The Supreme Court said Thursday that convicts have no constitutional right to test DNA evidence in hopes of proving their innocence long after they were found guilty of a crime.
The decision may have limited impact because the federal government and 47 states already have laws that allow convicts some access to genetic evidence. Testing has led to the exoneration of at least 232 people who had been found guilty of murder, rape and other violent crimes.
The court ruled 5-4, with its conservative justices in the majority, against an Alaska man who was convicted in a brutal attack on a prostitute 16 years ago. William Osborne won a federal appeals court ruling granting him access to a blue condom that was used during the attack. Osborne argued that testing its contents would firmly establish his innocence or guilt. In parole proceedings, however, Osborne has admitted his guilt in a separate bid for release from prison. The high court reversed the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco. States already are dealing with the challenges and opportunities presented by advances in genetic testing, Chief Justice John Roberts said in his majority opinion. |
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