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Macon law firm's dissolution has temporary fix
Court Watch | 2007/01/31 12:42

The Boston Passante law firm reached a temporary agreement in court today on its dissolution.

The agreement will allow the firm to pay debts and provide income to its partners for the next two months as both sides try to find a permanent solution.

Russell Boston, his wife, Wendy S. Boston, and other partners Lauren L. Benedict and David M. Cusson petitioned Bibb County Superior Court in December to dissolve the firm, and they cited problems with managing partner Brian Passante's completion of his duties.

Passante filed a countersuit earlier this week denying the allegations and blaming Russell Boston for the problems in the firm.



Appeals Court Renews Charge Against Padilla
Court Watch | 2007/01/31 07:40

An appeals court reinstated a charge of conspiracy to "murder, kidnap, and maim" against accused terrorist supporter Jose Padilla, the most serious count that he will face at a trial scheduled to begin in April.

The Court of Appeals for the 11th Circuit in Atlanta yesterday reversed a lower court ruling that threw out the charge, which carries a possible sentence of up to life in prison. District Judge Marcia Cooke in Miami had dismissed the count, ruling it duplicated other charges.

Mr. Padilla, 36, a former Chicago gang member and alleged Al Qaeda operative, is charged with being part of a terror cell that provided money, aid, and recruits to Islamic extremists. Those charges carry a maximum sentence of 20 years in prison. His case is set for trial April 16 in Miami federal court.

"We are gratified by the 11th Circuit's swift decision and look forward to presenting the evidence at trial," said Alex Acosta, U.S. Attorney for the Southern District of Florida in Miami, in a statement.

A three-judge panel of the Court of Appeals heard arguments January 10 over Judge Cooke's decision that the charges violated Mr. Padilla's right against being charged twice for the same offense. Federal prosecutors argued the charge was dropped in error, saying Judge Cooke used flawed legal analysis. Mr. Padilla has 21 days to seek a rehearing before the appeals court, according to the Justice Department.

An America citizen, Mr. Padilla was arrested in Chicago in 2002. The government initially accused him of plotting to detonate in America a "dirty bomb," a conventional explosive device that includes radioactive material for dispersal in the blast. America later said Al Qaeda trained him to blow up American apartment buildings. In November 2005, Mr. Padilla was indicted on charges of conspiring to provide material support to terrorists.

Prison officials are scheduled to report by February 9 on a mental competency exam of Mr. Padilla to determine whether he is fit to stand trial.

Mr. Padilla's lawyers said in court papers that he suffered mental damage because of abuse that they claim was inflicted by American authorities during the three years and five months he was held in a Navy prison in South Carolina.



Seventh Grader to be Tried as an Adult in MO
Court Watch | 2007/01/29 12:31

A seventh grader who opened fire at a middle school will be one of the youngest suspects ever tried as an adult in Missouri, resulting in a legal response that straddles two courts.

Thomas White is accused of taking an assault rifle to Joplin Memorial Middle School on Oct. 9 and pointing it at administrators, teachers and students before firing a shot into the ceiling.

He then allegedly repeatedly tried to shoot Principal Stephen Gilbreth as Gilbreth ushered him out of the school. Police said the rifle jammed because of the improper setting of an ammunition clip in the gun. No one was wounded.

White dressed in a trench coat, camouflage pants and a crudely fashioned mask the day of the incident. He allegedly had a pellet gun, a Marine Corps manual and a map of a Kansas park campground in his backpack, authorities have said.

At White's certification hearing in December, juvenile officer April Foulkes recommended he be tried as an adult because of the seriousness of his alleged offense and the threat it posed to the community.

White, now 14, is charged with first-degree assault, armed-criminal action and attempted escape. He is being held at the Jasper County Jail, awaiting a preliminary hearing. His bond is set at $250,000.

He is one of the youngest offenders ever to be certified as an adult in the state. Three St. Louis girls, two age 14 and one 13, were tried as adults in a 2004-2005 murder case.

Missouri enacted a new juvenile crime law in 1995. The state based its policies on a philosophy that young offenders were not fully developed criminals and could be changed, said Tom Breedlove, the Division of Youth Services deputy director.

Before 1995, an offender had to be 14 or older to be certified for trial as an adult. Like many other states, Missouri lowered the age to 12 for any felony and eliminated a minimum age for the most serious violent crimes.

Judges now must hold adult-certification hearings for any juvenile accused of murder, rape, sodomy, first-degree assault, first-degree robbery or drug trafficking, and for any young offender with two prior felonies. The judge is allowed to decide whether the case should remain in juvenile court.

In White's case, if he is convicted, he faces an approach to juvenile crime known as blended sentencing and a state program involving dual courts' jurisdiction.

Foulkes said if White were to be adjudicated as a juvenile, the court's options would be limited to placing him on probation or committing him to DYS.

Brent Buerck, senior program administrator with DYS, said young offenders sentenced under the dual-jurisdiction program can actually be kept up to the age of 21. The program first began in 1996 and saw its first releases in 1999.

"With the dual jurisdictions, 83 percent of the kids who have successfully completed the program are not in prison," Buerck said.



Federal court rules against EPA
Court Watch | 2007/01/27 11:34

The Environmental Protection Agency must force power plants to protect fish and other aquatic life even if it's expensive, a federal appeals court said in a ruling favoring states and environmental groups.

The decision late Thursday by the 2nd U.S. Circuit Court of Appeals concluded that it was improper for the EPA to let power plants circumvent environmental laws - for instance, restocking polluted water with new fish instead of paying to upgrade their technology.

It said the EPA's decisions must "be driven by technology, not cost," unless two technologies produce essentially the same benefits but have much different costs.

"EPA's goal is to protect fish and the ecosystem while meeting the nation's need for reliable energy sources," said Benjamin H. Grumbles, the agency's assistant administrator for water. The agency was reviewing the decision, he said.

The ruling drew praise from environmental groups and six states that had sued.



Prosecutors urge court to restore DeLay charge
Court Watch | 2007/01/26 09:17

Prosecutors attempting to restore a conspiracy charge against former House Majority Leader Tom DeLay argued Wednesday that the "plain language" of Texas law means he can be charged with conspiring to violate the election code.

But lawyers for DeLay and two co-defendants told the Court of Criminal Appeals that the law is clear in their view -- that conspiracy was added to the state election code after prosecutors allege the crime happened.

"Historically, there have been limitations on the use of conspiracy laws," said DeLay's attorney, Dick DeGuerin of Houston.

Travis County District Attorney Ronnie Earle's office is appealing lower court rulings that threw out the charge accusing DeLay and Republican fundraisers Jim Ellis and John Colyandro of conspiring to violate the Texas election code and its ban on corporate campaign contributions.

It could be weeks or months before the appeals court makes a decision.

DeLay and the co-defendants are still charged with money laundering and conspiracy to launder money, but state District Judge Pat Priest has said he does not have jurisdiction and cannot hold a trial until the appeals court makes its ruling.



Prosecutors want DeLay charge reinstated
Court Watch | 2007/01/25 04:43

The Texas Court of Criminal Appeals heard oral arguments Wednesday on whether criminal conspiracy charges brought against former US Rep. Tom Delay were properly dismissed at trial. Charges of conspiracy to violate election law and conspiracy to commit money laundering were dismissed last December after the trial court found that the Texas campaign finance statute was explicitly extended to allow the laying of criminal conspiracy charges only after DeLay's alleged wrongful acts. In April, the Texas Third Court of Appeals affirmed that decision but refused to dismiss actual money laundering charges against DeLay.

Prosecutors Wednesday asked the court to either overrule or distinguish those cases. Lawyers for DeLay argued that DeLay would not have had fair notice that his conduct was illegal at the time it occurred unless the statute then explicitly contemplated criminal conspiracy charges, which it did not, and that the legislature's subsequent amendment of the statute to include those charges showed that criminal conspiracy to violate election laws was a crime at the time of DeLay's actions.



USDOJ Settles with Honolulu Apartment Complex
Court Watch | 2007/01/24 16:47

WASHINGTON - The Justice Department today reached a partial settlement with the owner, builder, architect and civil engineer of the West Loch Village, a 150-unit apartment complex in Ewa Beach, Hawaii. Today’s agreement, filed in the U.S. District Court for the District of Hawaii, partially resolves allegations of disability discrimination in the design and construction of the complex.

The original complaint was filed to enforce provisions of the federal Fair Housing Act that require recently constructed dwellings to include features designed to make the dwellings more accessible to persons with physical disabilities. The Department’s suit was brought as a result of a referral to the Justice Department by the U.S. Department of Housing and Urban Development.

Under the partial settlement, which must be approved by the court, the defendants, (the City and County of Honolulu; Mecon Hawaii Limited; Yamasato, Fujiwara, Higa & Associates Inc.; Hawaii Affordable Properties Inc.; and R.M. Towill Corp.) will pay all costs related to making the apartment complex accessible to persons with disabilities. The defendants must also establish a $75,000 fund which will be used to compensate individuals harmed by the inaccessible housing. The settlement also requires the defendants to undergo training on the requirements of the Fair Housing Act.

"Accessible housing is a necessity for people with disabilities," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "These types of design and construction cases reflect the Justice Department’s commitment to enforcing this nation’s fair housing laws."

The United States’ claim against the City and County of Honolulu, alleging that one resident of the complex was hurt when he fell due to the design and construction defects, is not settled by this partial settlement agreement.

Fighting illegal housing discrimination is a top priority of the Justice Department. In February 2006, Attorney General Alberto R. Gonzales announced Operation Home Sweet Home, a concentrated initiative to expose and eliminate housing discrimination in America. This initiative was inspired by the plight of displaced victims of Hurricane Katrina who were suddenly forced to find new places to live. Operation Home Sweet Home is not limited to the areas hit by Hurricane Katrina and targets housing discrimination all over the country. More information about Operation Home Sweet Home is available at the Justice Department Web site at http://www.usdoj.gov/fairhousing. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.



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