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British arms-to-Iran suspect faces Texas court
Court Line News | 2012/02/27 10:25
A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.

Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.

The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.

Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail.


Court: California can force inmates to submit DNA
Lawyer Media News | 2012/02/24 09:56
A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.

The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.

The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.

The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.

The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.

The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.

Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.


Strauss-Kahn has March court date in US
Lawyer Media News | 2012/02/23 09:48
A New York court has scheduled a hearing on a lawsuit filed by the woman who accused former International Monetary Fund chief Dominique Strauss-Kahn of sexually assaulting her in a Manhattan hotel.

Prosecutors dropped criminal charges against Strauss-Kahn last year, but his accuser has demanded damages in civil court.

The March 15 hearing will deal with issues that must be resolved before a trial, which has yet to be scheduled.

Strauss-Kahn wants the lawsuit dismissed because he says he had diplomatic immunity. He isn't required to attend the March court session.

The hotel maid who says she was attacked and forcibly sodomized by Strauss-Kahn is Nafissatou Diallo (na-fee-SAH'-too dee-AH'-loh). Her lawyer, Kenneth Thompson, says she is looking forward to her day in court and can't wait to get to trial.


Court says police cannot be sued over warrant
Court Line News | 2012/02/22 09:56
The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.

The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.

Police were looking for her foster son, Jerry Ray Bowen, who had recently shot at his ex-girlfriend with a black sawed-off shotgun. She told police that he may be at his foster mother's house, so Messerschmidt got a warrant to look for any weapons on the property and gang-related material, since Bowen was supposed to be a member of the Mona Park Crips and the Dodge Park Crips. The detective had his supervisors approve the warrant before submitting to the district attorney and a judge, who also approved the warrant.


Court: Rights don't have to be read to prisoners
Lawyer Media News | 2012/02/21 10:07
The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.

The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in custody as defined by Miranda and therefore did not have to have his rights read to him.

Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda, Justice Samuel Alito wrote in the court's majority opinion.

Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.

Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,' Ginsburg said in her dissent. Such a statement is no substitute for one ensuring that an individual is aware of his rights.

Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.

Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave.


Kessler Topaz Meltzer Check, LLP Announces a Proposed Class Action Settlement
Press Release | 2012/02/20 09:45
To: All persons and entities who purchased or otherwise acquired the common stock of Pilgrim's Pride Corporation from May 5, 2008 to October 28, 2008, inclusive, including all those who purchased the common stock of Pilgrim's Pride Corporation pursuant and/or traceable to any registration statement, prospectus, prospectus supplement or any documents therein incorporated by reference filed with the U.S. Securities and Exchange Commission in connection with the Company's May 14, 2008 Secondary Offering, and who were damaged thereby (the Class).

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and Order of the Court, that the above-captioned action has been certified as a class action for purposes of settlement only and that a settlement for One Million Five Hundred Thousand Dollars ($1,500,000) has been proposed.nbsp; A hearing will be held before the Honorable Rodney Gilstrap in the United States District Court for the Eastern District of Texas, Sam B. Hall, Jr. Federal Building and United States Courthouse, 100 East Houston Street, Marshall, Texas 75670, Courtroom 106, at 9:00 a.m., on May 1, 2012 to determine: (1) whether the proposed Settlement should be approved as fair, reasonable and adequate; (2) whether the Action should be dismissed with prejudice against Defendants; (3) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (4) whether Lead Counsel's application for an award of attorneys' fees and reimbursement of expenses should be approved.

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND.nbsp; If you have not yet received the full printed Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Expenses and Settlement Fairness Hearing (the Notice) and Proof of Claim and Release form (Proof of Claim), you may obtain copies of these documents by contacting:

Pilgrim's Pride Corporation Securities Litigation
c/o Rust Consulting, Inc.
P.O. Box 2619
Faribault, MN 55021-9619
(866) 430-8117
www.PilgrimsPrideSecuritiesSettlement.com


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