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Once-exonerated Conn. man ordered back to prison
Legal Focuses |
2011/08/09 16:28
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A month after the Connecticut Supreme Court reinstated murder convictions against two men who had been exonerated, a judge on Monday ordered one of them back to prison but allowed the other to remain free while fighting cancer.
George Gould was sent back to prison while Ronald Taylor, whose lawyer says he has terminal colon cancer, was allowed to remain out on bail. Both men await a new appeal trial connected to their murder convictions in the 1993 fatal shooting of New Haven grocery shop owner Eugenio Deleon Vega.
Gould and Taylor were both sentenced to 80 years in prison for the killing. They filed habeas corpus appeals, challenges to imprisonment that typically come after other appeals fail.
They were freed in April 2010 after 16 years behind bars when Superior Court Judge Stanley Fuger ruled they were victims of "manifest injustice" and declared them "actually innocent." Fuger's ruling came after a key prosecution witness recanted her trial testimony. He ordered both men released.
Prosecutors appealed to the state Supreme Court, which issued a unanimous decision last month saying that Fuger was wrong to overturn the convictions because Gould and Taylor hadn't proven their innocence. The high court ordered a new habeas corpus trial for the two men. |
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Phone hack lawsuits loom, foam attack sentence cut
Legal Focuses |
2011/08/05 16:15
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Several alleged victims of tabloid phone hacking in Britain will soon file lawsuits against a second newspaper group, Piers Morgan's former employer Trinity Mirror PLC, their lawyer said Friday.
Mark Lewis said the claims would be filed in "a few weeks," but would not disclose identities of his clients or say precisely when the papers would be presented at court.
Lewis represents the family of Milly Dowler, a 13-year-old girl abducted and murdered by a pedophile in 2002. The revelation a month ago that her voicemail messages had been accessed by the News of the World tabloid while she was still missing outraged British opinion, and triggered a crisis for Rupert Murdoch's News Corp.
The phone hacking scandal centers on allegations that journalists eavesdropped on private phone messages, bribed police for information and hacked email accounts.
So far the crisis has centered on Murdoch's media empire, leading him to shut down the News of the World and abandon a bid to take over British Sky Broadcasting. Several former executives of the newspaper have been arrested by police investigating the eavesdropping.
But there have also been allegations of hacking by other newspapers. This week Paul McCartney's ex-wife, Heather Mills, claimed in a BBC interview that she was hacked by a Trinity Mirror journalist in 2001. |
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Lawyer pleads guilty to illegal Edwards donations
Legal Focuses |
2011/08/04 16:15
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A prominent Los Angeles attorney could face six months in federal prison for making illegal contributions to the 2004 presidential campaign of former Sen. John Edwards.
The U.S. attorney's office says Pierce O'Donnell pleaded guilty Thursday to two counts of making illegal campaign contributions and agreed to a six-month sentence and a $20,000 fine. O'Donnell is set to be sentenced in November.
In a statement, O'Donnell's attorney Brian J. O'Neill says he and O'Donnell are pleased with the resolution.
O'Donnell acknowledged he provided some $20,000 to Edwards' campaign for the 2004 Democratic presidential nomination by reimbursing straw donors.
In 2006, O'Donnell was ordered to pay more than $155,000 after pleading no contest to using a false name while making political contributions to former Los Angeles Mayor James Hahn's campaign. |
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State Supreme Court rules on illegal taxes
Legal Focuses |
2011/08/01 16:06
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The state Supreme Court made it easier this week for California taxpayers to seek refunds from cities and counties, ruling that a claim of an illegal local tax can be pursued as a class action on behalf of everyone who was overcharged.
The unanimous decision Monday in a Los Angeles case overturned lower-court rulings requiring local taxpayers to file individual refund claims.
In a class action, a representative can win damages that are distributed to an entire group of people affected by the same unlawful action. Class-action status often determines whether a tax can be effectively challenged, said Paul Heidenreich, a lawyer for consumer organizations in the case.
"When only one person can sue at a time, there's little incentive to do so" with small amounts at stake, he said.
The ruling may not affect San Francisco, however. Deputy City Attorney Peter Keith said the city has ordinances that set rules for tax refund claims and prohibit class actions. He said the court allowed class-wide suits only when a city or county has no laws of its own regulating tax refunds.
Francis Gregorek, lawyer for the plaintiff in the Los Angeles case, said a future ruling may be needed to determine whether a city can shield itself from class actions.
Class actions have become a hotly contested legal battleground. The U.S. Supreme Court restricted their use in two California cases earlier this year, refusing to allow as many as 1.5 million women to sue Wal-Mart Stores Inc. as a group over pay and promotion practices, and rejecting class-wide arbitration of a cell phone customer's overcharge claim against AT&T.
Gregorek's client, Estuardo Ardon, sued Los Angeles in 2006, claiming that a city telephone tax was illegal because it was linked to a federal excise tax that had been ruled invalid. Gregorek said the suit seeks millions of dollars in refunds for all phone customers in the city and has led to challenges against similar taxes in other communities.
The case has remained on hold while state courts determined whether Ardon can represent other customers. An appellate court said he could sue only as an individual, citing the state Supreme Court's 1992 ruling that rejected class-action status for a challenge to the state's taxes on vehicles bought by Californians in other states. |
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Layoffs loom in Ala. court clerks' offices
Legal Focuses |
2011/08/01 11:05
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A month-long notice has begun for massive layoffs in state court clerks' offices.
The Birmingham News reports that court officials say about one-third of the 750 employees in clerks' offices statewide will be laid off effective Aug. 31.
The officials say the layoffs are timed so the 255 workers will be off the state payroll before the court system's new, leaner budget takes effect Oct. 1.
The Jefferson County clerk's offices, which handle more than 75,000 filings per year, will be down to 48 full-time clerks and three temporary workers after the layoffs.
Chief Justice Sue Bell Cobb has ordered clerks' offices statewide to be closed to the public for 10 hours weekly starting in August to give the workers time to catch up on processing court documents. |
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