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John Edwards' lawyers ask judge to throw out case
Law Center | 2011/09/07 08:59

Lawyers for John Edwards have asked a federal judge to throw out criminal charges against the former presidential candidate.

Edwards' defense team filed three motions Tuesday evening saying that federal prosecutors had violated his constitutional rights. Edwards' lawyers say in the filings that the federal indictment against him was unconstitutionally vague. They argue that even if all the facts alleged by prosecutors were true, no crime occurred.

Edwards was charged in June with felony counts related to more than $1 million in undisclosed payments from political supporters used to help hide his pregnant mistress Rielle Hunter during his 2008 run.

Edwards' lawyers say he conspired with an aide to hide his mistress not to preserve his political candidacy, but to keep his affair secret from his wife and children.



NJ court orders changes to witness ID evidence
Law Center | 2011/08/24 08:59

New Jersey's highest court has ordered changes to the way eyewitness identifications are used in court, saying the current system is not reliable enough.

The state Supreme Court found that the current process doesn't deter police misconduct and overstates the jury's ability to evaluate identification evidence.

Currently, a defendant has the burden of proving there was undue suggestion during the identification process. That will stay the same.

But the court on Wednesday ordered a pretrial hearing when a defendant can show some evidence of suggestiveness by police. The court also says juries should hear a better explanation of the potential flaws with eyewitness identifications. The new rules will apply to future cases.




New hearings sought in Chicago police torture case
Law Center | 2011/08/10 08:56
Fifteen incarcerated men who claim they were sent to prison by confessions that were beaten, burned and tortured out of them by convicted Chicago police Lt. Jon Burge and his officers are getting some high-profile help — including from a former Illinois governor.

In a friend-of-the-court brief to be filed Wednesday with the Illinois Supreme Court, ex-Gov. Jim Thompson and more than 60 current and former prosecutors, judges and lawmakers are asking for new evidentiary hearings for inmates who say their convictions were based on coerced confessions.

The brief marks the first effort on behalf of alleged Burge victims as a group and not separate individual cases, attorneys said.

Burge's name has become synonymous with police abuse in the nation's third-largest city, and more than 100 men — most of them African-American and Latino— have alleged Burge and his men tortured them from the 1970s to the 1990s.

Burge was convicted last year of lying about whether he ever witnessed or participated in the torture of suspects. He's serving a 4 1/2-year sentence at Butner Federal Correctional Complex in North Carolina.

Burge never has faced criminal charges for abuse. He was fired from the police department in 1993 over the 1982 beating and burning of Andrew Wilson, a suspect later convicted of killing two police officers.



Sparks Justice Court to be open four days a week
Law Center | 2011/07/25 08:22
Sparks Justice Court is planning to go to four-day work weeks because of budget cuts.

Justice of the Peace Kevin Higgins says court staff will work from 7:30 a.m. to 5 p.m. Tuesdays through Fridays, and take only a half-hour lunch. Public access will be 8-5 on those days.

He says the court like other agencies is under a mandate to cuts wages and benefits by 7 percent, and the compact work week was the only option allowing the court to continue services without losing more staff.

He says judges will still be available for emergency matters, such as processing search warrants and protective orders.

The change needs confirmation from the Washoe County Commission, but is expected to take effect Aug. 15 and last the rest of the fiscal year.




Former Wyoming governor joins law firm
Law Center | 2011/07/03 11:07
Former Wyoming Gov. Dave Freudenthal has joined the international law firm of Crowell & Moring as senior counsel.

Freudenthal says in a telephone interview with The Associated Press that the firm will open an office in Cheyenne, where he will be based. He will work for the firm's Environment and Natural Resources Group.

He says he will advise clients on issues that he handled during his two terms as governor, including minerals, natural resources development and environmental permitting.

Freudenthal says he will continue to teach at the University of Wyoming College of Law and serve on the Arch Coal Inc. board of directors.

Crowell & Moring has nearly 500 lawyers with offices in Washington, New York, Los Angeles, London, Brussels and elsewhere.



Kansas court system works to improve efficiency
Law Center | 2011/06/22 22:26
Judges and court workers have completed the data-collection part of a study aimed at making Kansas' court system more efficient.

The Wichita Eagle reported that the data will be analyzed by the National Center for State Courts. That national nonprofit group works to improve the justice system and lobbies on behalf of courts at the federal level.

The results of the $200,000 consultant study of how judges and other court workers spend their time will go to a panel that will recommend changes if they are needed.

Kansas Supreme Court Chief Justice Lawton Nuss said the panel also is gathering public input on ways to improve the courts. The two initiatives are called "Project Pegasus," after the winged horse in Greek mythology.

The goal is to prevent situations like last year when courts were closed four days.

"When our budget is cut or when we don't have enough money, it is our people who suffer, they're the ones who have to get sent home," Nuss told members of the Wichita Pachyderm Club, a Republican group, this past week. "Unfortunately that also comes at the expense of Kansas citizens, because when we have no money and we have to close the courts, the citizens no longer have access to justice."

Nuss said most of the consultant study is being paid for mostly from salary and benefit savings accrued after appellate Judge Jerry Elliott died in April of last year and former Supreme Court Chief Justice Robert Davis died last August.


NY court weighs immunity claim in '93 WTC bombing
Law Center | 2011/06/02 08:58

The agency that owned and operated the World Trade Center urged the state's top court Wednesday to reject remaining negligence claims for the 1993 bombing by terrorists who detonated a van of explosives in the public garage beneath its twin towers, killing 6 people and injuring about 1,000.

In lawsuits citing security concerns since 1984, a jury found that the Port Authority of New York and New Jersey failed as a landlord to maintain reasonably safe premises and was 68 percent at fault, blaming the terrorists for the other 32 percent. A midlevel court upheld the verdict.

In arguments Wednesday, attorney Richard Rothman said the Court of Appeals should uphold the Port Authority's claims of governmental immunity for its counter-terrorism measures against what was an unprecedented event, a foreign terrorist attack on the U.S. In court papers, he noted that the FBI building in Washington, D.C., and the New York Police Department headquarters and the United Nations building, both in Manhattan, all had unrestricted underground parking at that time against what was regarded as a relatively low-level threat.

Rothman said the 110-story towers housed offices for the governor and several state and federal agencies, and the Port Authority was doing security assessments across its network, including airports. "Treating the Port Authority as just another landlord ... is directly contrary to the statutes under which the World Trade Center was created," he said.

Even if regarded under the law as a commercial landlord, Rothman argued it was likewise undisputed that authority officials had many high-level meetings about security and were in touch with federal authorities before the bombing. The twin towers were destroyed on Sept. 11, 2001, when jetliners hijacked by terrorists flew into them.




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