|
|
|
ACLU sues over detention in United Arab Emirates
Law Center |
2010/08/20 08:35
|
American Civil Liberties Union lawyers filed a lawsuit Wednesday against the FBI, CIA and other federal intelligence agencies, accusing them of detaining and torturing an American citizen later convicted on terrorism charges in the United Arab Emirates. The lawsuit filed by the ACLU of Southern California seeks information about the treatment of Naji Hamdan, an American of Lebanese origin who was arrested in the United Arab Emirates in August 2008. The ACLU accuses U.S. agencies of colluding with United Arab Emirates security forces, which kept Hamdan in a secret prison in Abu Dhabi without charging him with a crime until an earlier lawsuit by the rights group prompted his transfer to an official prison. Hamdan, 44, who now lives in Lebanon with his family, was released in October 2009 after being convicted and sentenced to time served. The former auto parts dealer and manager of the Hawthorne Islamic Center in Southern California has said he confessed under torture and suspected that U.S. authorities played a role in his detention and prosecution.
|
|
|
|
|
|
Appeals court: Stolen Valor Act unconstitutional
Law Center |
2010/08/18 09:33
|
A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday. The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. Alvarez was indicted in 2007. He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000. A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies. The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection. The act revised and toughened a law that forbids anyone to wear a military medal that wasn't earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.
|
|
|
|
|
|
LA judge frees thief who got 25 yrs on 3rd strike
Law Center |
2010/08/17 07:30
|
A judge on Monday ordered the release of a man who spent 13 years behind bars for trying to steal food from a church, his third offense under California's three-strikes law. Tears streamed down Gregory Taylor's face when Judge Peter Espinoza amended his sentence to eight years already served. The judge asked a bailiff to get him a tissue. He was taken back into custody and will be released when his paperwork is completed in at least two days. Family members and supporters applauded and the 47-year-old Taylor quietly thanked the court and his lawyers for "giving me another chance ... and my family for sticking by me." The Stanford Law Project filed a writ of habeas corpus seeking freedom for Taylor, who was sentenced in 1997 to 25 years to life under California's three-strikes law. The district attorney did not oppose the group's move.
|
|
|
|
|
|
Retrial possible in dad's NY samurai sword slaying
Law Center |
2010/08/13 02:55
|
An appeals court has ordered a new trial for a New York man convicted of using a samurai sword to kill his stepfather while he slept on a living room couch. Zachary Gibian was convicted in 2006 of nearly beheading retired police officer Scott Nager in his home in Hauppauge (HAWP'-awg), on Long Island. Gibian was 20 at the time. He's serving 25 years to life in prison. The Appellate Division of the state Supreme Court ruled errors were made in his trial. It faulted the trial judge for not allowing testimony about statements supposedly made by Gibian's mother. Gibian testified it was his mother who killed Nager after she discovered her husband sexually abusing her son. She denied the allegations. |
|
|
|
|
|
Judge testifies he felt threatened by NJ blogger
Law Center |
2010/08/12 06:21
|
A federal appeals court judge from Illinois testified Wednesday that he felt threatened by a New Jersey blogger's inflammatory Internet tirades over a ruling supporting gun control. The rant against a three-judge panel in Chicago "was a threat of violence," Judge William Bauer told jurors at a retrial in Brooklyn. "It suggested that the country would be better off if we were killed." The death threat case against Hal Turner stems from the 7th U.S. Circuit Court of Appeals ruling in 2009 by Bauer and two other judges, Frank Easterbrook and Richard Posner, that upheld a district court decision dismissing lawsuits that challenged handgun bans in Chicago and Oak Park, Ill. The same day, Turner blasted the decision with a lengthy post online. In one passage, he quoted Thomas Jefferson as saying, "The tree of liberty must be replenished from time to time with the blood of tyrants and patriots," court papers said.
|
|
|
|
|
|
Court clears way for horse roundup on CA-NV border
Law Center |
2010/08/11 09:31
|
A federal appeals court on Tuesday cleared the way for the roundup of more than 2,000 wild horses in California and Nevada, rejecting critics' claims that the free-roaming mustangs have a legal right to remain on the range. In an after-hours order, the 9th Circuit Court of Appeals in San Francisco refused to grant an emergency stay sought by animal rights groups ahead of the scheduled roundup Wednesday. The order came as lawyers for the Obama administration mounted their most vigorous defense to date for rounding up wild horses in the West, arguing in court filings that leaving the overpopulated herds on public rangeland would do the mustangs more harm than good. Assistant U.S. Attorney Ignacia Moreno said in a court filing that the range cannot support the current population of horses, whose numbers were expected to grow. "The growing population of wild horses will have devastating impacts on the other resources in the area and on the wild horses themselves," Moreno wrote. Justice Department lawyers were defending the roundup on behalf of the Bureau of Land Management and its plans to begin its biggest roundup of the year along the California-Nevada border, about 120 miles north of Reno. That number represents up to 80 percent of the existing herd.
|
|
|
|
|
|
Stealth expert guilty of selling secrets to China
Law Center |
2010/08/10 09:18
|
A former B-2 bomber engineer who marketed and sold his stealth expertise to China is facing life in a federal prison following his conviction for bartering U.S. military secrets. Noshir Gowadia, 66, was found guilty Monday on charges that he designed a cruise missile component for China and pocketed at least $110,000, which he allegedly used to help pay a $15,000-a-month mortgage on a multimillion-dollar oceanview home he built on Maui's north shore. Prosecutors said Gowadia revealed classified information to foreign powers at least twice: during a PowerPoint presentation on his cruise missile technology, and when he showed the technology's effectiveness by comparing it to American air-to-air missiles. "This case was unique in that we litigated know-how, the very concept of exporting your knowledge base that you derive, in whole or in part, from your activities working in United States classified programs," Assistant U.S. Attorney Ken Sorenson said. "If you can take that and go sell it or market yourself on an international stage in secrecy to other governments and not suffer criminal sanctions for it, then we're in trouble." Gowadia's defense attorneys argued during the nearly four-month trial that while it's true he gave China the design for the cruise missile part, he based his work on unclassified, publicly available information. Gowadia plans to appeal. |
|
|
|
|
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. |
Law Firm Directory
|
|