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Hearing on Craig’s Guilty Plea Is Set for Sept. 26
Law Center |
2007/09/11 11:04
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Senator Larry E. Craig’s request to withdraw his guilty plea in an airport sex sting will be heard on Sept. 26, four days before he has said he will leave the Senate. A spokesman for Mr. Craig, Republican of Idaho, said he was unlikely to try to finish his third term unless Hennepin County District Court moved quickly to overturn the conviction. Mr. Craig has been under pressure from fellow Republicans to resign. The hearing will be before Judge Charles A. Porter, rather than Judge Gary Larson, who had accepted the plea. That could help Mr. Craig’s lawyers, who are arguing, in effect, that Judge Larson erred in accepting the plea. It is not known whether Mr. Craig will appear, said Judy Smith, a spokeswoman for Billy Martin, a lawyer for Mr. Craig. Mr. Craig was arrested on June 11 by an airport police officer and pleaded guilty to misdemeanor disorderly conduct. In exchange, prosecutors dropped a gross misdemeanor charge of interference with privacy. Mr. Craig has since said his plea was a mistake. He filed a request on Monday to withdraw it. |
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High court takes up death penalty for retarded
Law Center |
2007/09/10 09:56
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A man who has been on Georgia’s death row for most of his life should not be executed because he is mentally retarded, the defendant’s lawyer told the state Supreme Court Monday.
But a Floyd County prosecutor said IQ tests show that James Randall Rogers, 46, of Rome does not meet the standard of “significantly subaverage” intelligence required by state law to exclude a convicted killer from capital punishment.
Rogers was convicted and sentenced to death for murdering Grace Perry, his 75-year-old neighbor, with a rake handle in 1980, when he was 19. He also was sentenced to 10 years for aggravated assault for attacking the victim’s 63-year-old cousin.
In 1988, Georgia became the first state to prohibit the death penalty for defendants who are mentally retarded. Then in 2002, the U.S. Supreme Court held that executing the mentally retarded is unconstitutional.
At issue in Monday’s hearing was an appeal filed on Rogers’ behalf after a 2005 trial in which a jury found that he is not mentally retarded.
The state’s witnesses at the trial included a professional counselor who administered an IQ test to Rogers. He answered a number of questions correctly, including naming the U.S. president during the Civil War and the population of the Earth.
“The answers on that test indicate that Mr. Rogers is not that much below average,” said Martha Jacobs, chief assistant district attorney for the Rome Judicial Circuit.
Jacobs said Rogers is a voracious reader and has used the law library at the state prison in Jackson to do research on his case.
In fact, shortly after the General Assembly banned executing the mentally retarded, Rogers wrote letters waiving his right to a competency trial. In one letter, he argued that it would be a waste of tax money because he has an IQ of 85.
One generally accepted indication of subaverage intelligence is scoring below 70 on IQ tests.
However, the case went forward after the state Supreme Court ruled that a defendant in such cases can not waive his or her right to a competency trial.
On Monday, Rogers’ lawyer, Ralph Knowles Jr., said his client suffers from a “severe organic brain injury” that has impaired his mental functioning since childhood.
Knowles suggested that the court broaden the state’s standard for mental retardation to include such a brain injury and not rely strictly on IQ scores to decide whether a defendant should be executed.
“Surely, this state cannot determine life or death based on whether a person’s scores are two points below standard deviation,” he said.
Knowles also accused the state of violating Rogers’ due-process rights and argued that those technical violations alone would be enough for the court to vacate his death sentence.
Knowles said the trial judge refused to allow one of the lawyers Rogers had chosen to speak for him in court, and he charged that the counselor who administered the IQ test to his client and then testified about the results was not qualified as an expert witness.
“His testimony is not believable,” Knowles said. “The state would have you believe that Mr. Rogers somehow got smarted up sitting there on death row.”
Jacobs said the lawyer who wasn’t allowed to speak for Rogers during the trial did participate in other aspects of his defense, including filing briefs.
Jacobs also defended the expert witness as a trained “psychometrist,” a specialist in psychological testing, who found Rogers both articulate and with an excellent short-term memory. |
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Court allows Morrison to intervene in abortion case
Law Center |
2007/09/05 06:33
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Attorney General Paul Morrison is now a party to a lawsuit filed against his predecessor by an abortion clinic's operator. The Kansas Supreme Court has allowed Morrison to intervene in the case. It was filed with the court in June by Planned Parenthood of Kansas and Mid-Missouri. The group is targeting former Attorney General Phill Kline, now the Johnson County District Attorney. Its clinic in Overland Park falls within Kline's jurisdiction, and he investigated it while attorney general. The court's order was filed under seal, like all other documents in the case. There has been no public explanation of why Planned Parenthood is suing Kline or why Morrison wants to intervene. |
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New attorney general has rebuilding ahead
Law Center |
2007/09/04 09:20
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Whoever replaces Attorney General Alberto Gonzales will face a daunting challenge. Charges of cronyism and partisan politicking have sunk the Justice Department's reputation to levels not seen since Watergate and damaged the Bush administration's ability to fight crime, pursue the war on terrorism and achieve its other goals, current and former department officials said. President Bush has downplayed the criticism of Gonzales as political mudslinging, but if he selects a new attorney general who seeks to restore the department's independence and professionalism, he could repair the damage before the end of his administration, said officials who have served both Republican and Democratic administrations. Restoring the department's reputation also could give the administration more elbowroom to pursue its own agenda. "The Justice Department needs to be depoliticized," said Guy Lewis, who oversaw the U.S. attorneys' offices under former Attorney General John Ashcroft. "Loyalty to the president is a wonderful thing, but it can't be the be-all and end-all." For the most part, Justice Department lawyers said, the scandal did little to disrupt the day-to-day prosecution of cases. But Gonzales' handling of the firings of nine U.S. attorneys and his subsequent shifting testimony damaged morale and the public's perception of a politically impartial Justice Department. The department's standing was especially hurt by revelations that Gonzales' aides had screened job applicants based on their political credentials and by allegations that they had pressured Justice Department lawyers who were overseeing politically sensitive cases, current and former officials said. Adding to the concern about the department's ability to remain impartial, Gonzales changed policy in a way that allows White House officials unprecedented access to information about pending criminal and civil cases. When Congress confronted him about the change, he testified that he, too, was concerned when he realized the possible effect. Gonzales appears to have had little sense of the inner workings of his own department, some lawyers said. When he was told that budget cuts meant that U.S. attorneys would be filing fewer cases, Gonzales turned to aides and asked, "When were you going to tell me this?" people familiar with the meeting said. Paul Charlton, one of the Republican-appointed U.S. attorneys whom Gonzales fired, recalled that the attorney general raised eyebrows when he spoke at an annual meeting with U.S. attorneys about what he saw as the department's mission. "He told us to remember that we work for the president," Charlton said. "Many of us, particularly the career people, were taken aback by that. Yes, we serve at the pleasure of the president. But we work for the people, not just the president." Gonzales attempted to exert tight control over the U.S. attorneys' offices, unlike prior Republican administrations, which had worked to ensure that their top prosecutors had greater independence. The attorney general and his aides pushed department lawyers in the field to carry out the president's priorities, sometimes to the detriment of local needs. "It's OK to tell a U.S. attorney that they're not cutting the mustard because they're not prosecuting immigration cases," said Bill Mateja, a former federal prosecutor in Texas and a former senior counsel under Ashcroft. "But it's not OK to bring politics to bear, and in some cases it appears there was more of a focus on the politics and less of a focus on actually fulfilling the president's initiatives." |
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Integrated Electrical says reaches settlement with SEC
Law Center |
2007/08/31 05:39
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Integrated Electrical Services on Friday said it reached a settlement with the U.S. regulators related to an investigation alleging violation of certain accounting laws by the company and six former officers. The settlement does not require Integrated Electrical to make any monetary payments, the company said in a statement. A civil complaint was filed by the SEC against the company and its employees alleging improper accounting of certain receivables and inadequate disclosure of its contingent liabilities in certain prior periods. The complaint also alleged that the company failed to properly disclose a change in its policy for bad debt reserves and the resulting write-down of such reserves in 2003 and 2004. |
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Judge Blocks Hawaii Superferry Sailings to Maui
Law Center |
2007/08/28 07:15
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A Maui judge today granted a temporary restraining order halting Hawaii Superferry service from Honolulu to the island of Maui until the court can hear evidence Wednesday to determine whether the company can continue sailing without an environmental assessment by the state. Judge Joseph Cardoza is permitting the ferry to sail back to Maui to pick up stranded passengers and transport them to their port of origin. The ferry is in only its second day of commercial voyages between Honolulu, Maui and Kauai. The Superferry was originally scheduled to start sailings on Tuesday, but the company moved the start date to Sunday and issued $5 one-way tickets to launch the service in advance of a legal challenge by environmentalists. More than 90 percent of the available space was filled as passengers rushed to experience Hawaii's first modern interisland ferry service at bargain basement prices. A Superferry spokeswoman said today's Maui and Kauai trips were sold out. The 350-foot vessel can carry more than 850 people and 250 vehicles, but the company projects an average load of 400 passengers and 110 vehicles. The first day of Hawaii Superferry service to the island of Kauai on Sunday was disrupted by hundreds of protesters on surfboards, swimming in the path of the vessel and lining the docks at Nawiliwilil Harbor, in advance of the courtroom battle over environmental issues today. The U.S. Coast Guard intervened after two hours to clear a path for the Superferry to enter the harbor. On Thursday, the Hawaii Supreme Court decided that the state was wrong to have exempted ferry-related improvements at Maui's Kahului Harbor from the state's environmental review law. The Supreme Court ruled on an appeal of an earlier decision by Cardoza dismissing a complaint filed against the Hawaii Department of Transportation by three citizens' groups - the Maui Tomorrow Foundation, the Sierra Club and the Kahului Harbor Coalition. Cardoza had ruled the groups did not have standing to bring the complaint. The Supreme court ruled that they do have standing and in addition ordered an environmental assessment of the harbor improvements. Isaac Hall, the attorney for the groups, hopes to expand the case to involve the Kauai sailings as well. In September 2005, Judge Helen Gillmor dismissed the suit brought by the three groups seeking to require the Superferry to prepare a full Environmental Impact Study, EIS. The groups filed suit after several months of meetings with Superferry head John Garibaldi produced no agreement for an EIS. Other groups, Kauai County and Maui's Mayor and County Council have called for an EIS review as well, but are not parties to the lawsuit. What the Supreme Court ordered Thursday is not an EIS, but a less extensive environmental assessment. Even that could take six months to a year to complete. Concerns range from increased traffic on Maui and Kauai, collisions with whales, impact on campsites and the creation of a new, rapid dispersal method for alien species, the Sierra Club says. Because the court case involves concerns about impacts only at Kahului Harbor, Judge Cardonza's temporary restraining order does not prevent the Superferry from sailing between Honolulu and Kauai. |
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Illinois court won't reopen Philip Morris case
Law Center |
2007/08/24 08:51
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The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc. Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971. The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year. In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments. But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion. Two Illinois Supreme Court justices, however, dissented. "The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent. |
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