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High-Speed Chase Reaches Supreme Court
Court Watch |
2007/02/26 10:36
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The Supreme Court finds itself smack in the middle of a big debate over high-speed chases. Officers in Georgia were chasing a speeding Victor Harris in 2001 when a cruiser rammed Harris' Cadillac at roughly 90 miles-per-hour, sending him into an embankment and leaving him paralyzed. Harris sued Deputy Timothy Scott for violating his civil rights by using excessive force. Scott said he was trying to end the chase before anybody got hurt. Two lower courts sided with Harris. This will be the first time in more than 20 years that the high court considers constitutional limits on police use of deadly force to stop fleeing suspects. Harris' lawyer argues something more serious than a traffic violation has to occur before such force is used. Scott's attorney counters he didn't use excessive force, and that Harris was driving recklessly.
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California Top court to decide police chase liability
Court Watch |
2007/02/25 10:05
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The Supreme Court hears arguments this week in a case that will test the limits of what officers can do to stop speeding drivers in high-speed chases. At issue before the court is whether a Georgia police officer went too far when he rammed his vehicle into a car driven by a fleeing 19-year-old -- a maneuver that left the motorist paralyzed. Law enforcement officers around the country are anxiously watching the case, concerned that a ruling for the quadriplegic driver would put them in legal jeopardy for split-second decisions at crime scenes. Meanwhile, civil liberties advocates and critics of police chases are concerned that a ruling for the officer in the case would give law enforcement the green light to use more aggressive tactics on the roads. Law enforcement agencies should "authorize high-speed pursuits only when necessary," said Karen Blum, a law professor at Suffolk University in Boston, who filed a brief in the case for the National Police Accountability Project. "The tactics employed by (the officer in this case) present serious issues of police accountability and raise questions about police tactics." The chase occurred in 2001 in Coweta County, Ga., a community about 30 miles southwest of Atlanta. Victor Harris, 19 at the time, was clocked driving 73 mph in a 55-mph zone. A county sheriff flashed his lights and turned on his siren, but Harris hit the gas and sped away. Deputy Timothy Scott joined the pursuit, which lasted for six minutes and covered almost 9 miles. A trial court found that Harris drove between 70 and 90 mph, ran through two red lights, and bumped Scott's vehicle once. Nevertheless, Harris still used his turn indicators when passing other cars on the largely vacant roads. Scott radioed a supervisor and got permission to use a "precision intervention technique" -- a maneuver for hitting another car that causes it to spin and then stop. But the deputy ultimately abandoned the technique because he and Harris were driving too fast on a wet, two-lane highway. Instead, Scott hit Harris' car with his push bumper -- a move that caused the vehicle to careen down an embankment. Harris, who was not wearing a seat belt, was paralyzed from the neck down. Harris filed a lawsuit against Scott, alleging violation of his rights under the Fourth Amendment's guarantees against unreasonable seizures and excessive force. A federal district court in Georgia ruled that the deputy could be held liable in civil court for using deadly force without having probable cause to believe the teenager had committed a serious crime or posed a threat to others. In December 2005, the 11th U.S. Circuit Court of Appeals upheld that decision. Scott appealed the ruling to the Supreme Court, which hears oral arguments in the case on Monday. The deputy was acting "reasonably," argued his attorney, Philip Savrin, because a "fleeing car can be a deadly weapon" and Scott "believed that his actions avoided a greater risk of serious injury or death." Savrin added: "Scott personally observed Harris driving recklessly and dangerously at extremely high speeds, through red lights and on the wrong side of the road. Scott properly recognized that Harris was a continuing danger to the public, and he acted reasonably to defuse the danger." The Supreme Court's ruling in the case is expected to set new benchmarks for when and how law enforcement officers can chase suspects and use their vehicles to stop them. The issue is murky because the previous two rulings on the use of deadly force were roughly two decades ago -- and those did not deal with car chases. For instance, in 1985, the Supreme Court said deadly force can be used when a suspect threatens an officer with a weapon or there is probable cause to believe the suspect has committed a crime causing serious physical harm. In 1989, the high court said judges deciding whether the use of deadly force is reasonable must weigh the underlying crime involved, the immediate threat a suspect poses and whether the suspect is actively evading arrest. Harris' attorney, Craig Jones, argued that Harris' only offense at the beginning of the police chase was speeding -- a relatively minor crime that did not warrant such a risky pursuit. Jones warned that a ruling against his client would give law enforcement officers carte blanche to recklessly and "knowingly apply deadly force in circumstances when no life is in immediate danger in order to seize a fleeing traffic offender."
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Second Ohio Man Sentenced for Hate Crimes
Court Watch |
2007/02/23 11:14
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Joseph Kuzlik, of Cleveland, Ohio, was sentenced today to 27 months in federal prison and three years of supervised release for committing a racially motivated crime which violated the federally protected civil rights of a Cleveland family. Kuzlik was also ordered to pay restitution of $23,000 to the U.S. Environmental Protection Agency (EPA), $767 to the Ohio EPA, and additional sums to the individual victims who suffered financial losses as a result of the offenses. At the sentencing hearing, Judge Patricia Anne Gaughan said, “The abusive and serious nature of this offense is obvious to anyone with a modicum of decency and morality. I cannot imagine the terror that was inflicted on these victims. A message must be sent loud and clear that this behavior will not be tolerated and will result in a punishment at the high end of the guideline range.” On Nov. 27, 2006, Kuzlik pleaded guilty to conspiring to interfere with the federally protected housing rights of an interracial family because of their race, and for making false statements to federal investigators. Another Cleveland resident, David Fredericy, was sentenced on Jan. 17, 2007, to serve 33 months in prison for his role in the crime. Fredericy and Kuzlik engaged in a series of acts intended to threaten and intimidate interracial residents in their neighborhood, including placing toxic mercury on the porch of a family with children for the purpose of intimidating them because one of the parents was African-American. As part of his guilty plea, Kuzlik admitted that he and Fredericy were attempting to intimidate the family and drive them from the neighborhood. In order to keep their unlawful actions secret, both Fredericy and Kuzlik lied to federal investigators from the EPA, the federal agency initially charged with cleaning up the mercury and investigating the incident. “Bias-motivated acts of violence are despicable and intolerable, especially when they involve innocent children,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to the vigorous prosecution of these types of federal hate crimes.” Gregory White, U.S. Attorney for the Northern District of Ohio said, “Today’s sentence is a fitting conclusion to a joint effort by the FBI, the U.S. EPA, the Ohio EPA, and the Cleveland Police Department, and demonstrates the commitment of both state and federal law enforcement authorities to protecting every citizen’s basic right to live in and enjoy his or her own home without fear of racial intimidation.” The case was prosecuted by Assistant U.S. Attorney Ann C. Rowland and Trial Attorney Kristy L. Parker of the Civil Rights Division. |
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Crown requests jail time for 75-year-old fraudster
Court Watch |
2007/02/21 06:31
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A prosecutor wants federal prison time for a 75-year-old former lawyer who bilked his elderly clients of millions of dollars. Gordon McGilton's spotless reputation as a volunteer, church member and veteran lawyer specializing in wills was exactly why people trusted him, Crown prosecutor Francois Drolet said yesterday. He said McGilton abused that trust by misappropriating $1.7 million of his elderly clients' money. Defence lawyer Jeffrey Boro said his client has a heart condition and is legally blind, and asked that McGilton serve two years less a day under house arrest when he's sentenced on April 10. McGilton has had to sell his Westmount home and lives in a small apartment with his wife, Boro said. McGilton transferred the stolen money to a company owned by his cousin who was investing in a bogus Nigerian oil investment. |
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Texas Man Pleads Guilty to Environmental Crimes
Court Watch |
2007/02/20 09:22
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Dennis Rodriguez of El Paso, Texas, pleaded guilty today to criminal environmental crimes related to the operation of his company, North American Waste Assistance, LLC (NAWA), also located in El Paso. Under the plea agreement, entered in federal district court for the Western District of Texas, Rodriguez admitted to making a material false statement or representations in a manifest used to transport hazardous waste and to two counts of transporting hazardous waste to a facility that did not have a permit issued pursuant to the Resource Conservation and Recovery Act (RCRA). Both Rodriguez and his company were indicted in November 2005 for violations related to the handling and transportation of hazardous waste. According to the indictment, Rodriguez and NAWA were hired to dispose of over of 155 gallon drums of construction-related waste. Approximately 75 of the drums contained expired petroleum-based concrete curing compound, which is an ignitable hazardous waste when disposal becomes necessary. The indictment alleged that on or about March 27, 2002, Rodriguez and NAWA transported the drums using several Uniform Hazardous Waste Manifests that stated that the drums contained “Non-RCRA, Non-Regulated” waste. Rodriguez then made arrangements to transport the drums, for disposal, to landfills in Avalon, Texas, and Walterboro, S.C. that were not permitted under RCRA to accept hazardous waste. The drums of hazardous waster were then disposed of at unauthorized facilities. Rodriguez faces a maximum sentence of up to five years in prison and a total maximum fine of $250,000 per count. This case was investigated by Special Agents of the EPA, with the assistance of the Criminal Investigation Division of the Texas Commission on Environmental Quality, and is being prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Texas. |
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Federal appeals court upholds MCA habeas-stripping provisions
Court Watch |
2007/02/20 05:19
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The US Court of Appeals for the DC Circuit ruled Tuesday that provisions in the Military Commissions Act stripping foreign nationals held as "enemy combatants" of the right to file habeas corpus petitions challenging their detentions do not violate the Suspension Clause of the US Constitution. The ruling came in the consolidated cases of hundreds of Guantanamo Bay detainees. The court also held that Congress was clear in its intent to strip federal courts of habeas jurisdiction even in pending challenges. The DC Circuit vacated the lower court decisions in the cases and dismissed the detainees' petitions for lack of jurisdiction. President Bush signed the MCA into law last October and shortly thereafter the the US Justice Department sent letters to the DC district and appeals courts, notifying the lower court that it no longer had jurisdiction over some 200 pending cases filed by Guantanamo detainees, and urging the appeals court to reach the merits in the present cases. Tuesday's appeals court ruling is expected to be appealed to the US Supreme Court.
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DOD Employee Pleads Guilty to Accepting Gratuities
Court Watch |
2007/02/16 13:58
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WASHINGTON – Steven Merkes, a former Department of Defense (DOD) employee, pleaded guilty to accepting illegal gratuities while serving as an operational support planner in the Future Operations Division of the U.S. Army Headquarters, Special Operations Command–Europe (HQSOCEUR), Assistant Attorney General Alice S. Fisher of the Criminal Division announced today. According to plea documents filed in federal court, Merkes served in the U.S. Air Force until January 2005, when he left active duty and began work as a DOD civilian employee. In both the Air Force and in his civilian DOD employment, Merkes served as a logistical planner for the HQSOCEUR in Stuttgart, Germany. In both positions, Merkes’ official duties consisted of planning military exercises for U.S. Special Operations forces in the European theater of operations. In April 2005, Merkes took official acts to benefit Philip Bloom, a U.S. citizen who operated and controlled construction and service companies in Romania and Iraq that did business with the U.S. government. Shortly thereafter, Merkes accepted a job offer and $24,000 from Bloom, knowing that the job and the money were for official acts he had agreed to perform for Bloom. Merkes pleaded guilty to accepting illegal gratuities which carries a maximum penalty of two years in prison and a fine of $250,000. Sentencing has been set for June 1, 2007. On March 10, 2006, Bloom, pleaded guilty to unrelated charges of conspiracy, bribery and money laundering. Bloom was sentenced earlier today to 46 months in prison. This case is being prosecuted by trial attorneys James A. Crowell IV and John P. Pearson of the Public Integrity Section, headed by Acting Section Chief Edward C. Nucci, and trial attorney Patrick Murphy of the Asset Forfeiture and Money Laundering Section, headed by Section Chief Richard Weber, of the Criminal Division. These cases are being investigated by the Special Inspector General for Iraq Reconstruction, the Internal Revenue Service (IRS) Criminal Investigation, the U.S. Immigration and Customs Enforcement at the Department of Homeland Security (ICE), U.S. Army Criminal Investigation Division, the U.S. Department of State Office of Inspector General, and the FBI Washington Field Office in support of the Justice Department’s National Procurement Fraud Task Force and the International Contract Corruption Initiative. The investigation has received substantial assistance from the ICE Cybercrimes Division. The National Procurement Fraud Initiative was announced by Deputy Attorney General Paul J. McNulty in October 2006, and is designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs. As part of this initiative, the Deputy Attorney General has created the National Procurement Fraud Task Force, which is chaired by Assistant Attorney General Fisher. |
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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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