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Court reverses woman's conviction in child's death
Court Line News |
2014/09/22 16:14
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A state appeals court Wednesday overturned the conviction of a South Texas woman imprisoned for capital murder in the 2006 salt poisoning death of her 4-year-old foster son.
The Texas Court of Criminal Appeals granted a new trial for Hannah Overton of Corpus Christi. She was sentenced to life in prison without parole in the death of Andrew Burd.
Overton has argued she had ineffective counsel during her 2007 trial, and the state's highest appeals court agreed.
The court in its ruling noted Overton's defense attorneys opted not to present the testimony of an expert medical witness. The court said it "was not a reasonable decision" to withhold testimony by the physician that could have benefited Overton.
She also argued that prosecutors had withheld evidence in her trial, but the appeals court did not address that claim.
Overton contended Andrew had emotional and medical problems, including an eating disorder in which he'd consume odd food items. The boy had elevated sodium levels when he died at a Corpus Christi hospital. Tests also showed he had bleeding on the brain and swelling. A doctor who examined the child testified at Overton's trial that he could have survived if taken to the hospital earlier. |
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Judge accused of hitting wife enters court program
Headline Legal News |
2014/09/06 14:02
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A federal judge from Alabama accused of hitting his wife in an Atlanta hotel room can have a misdemeanor battery charge dismissed if he completes a court program that includes domestic violence intervention.
U.S. District Court Judge Mark Fuller will spend up to 24 weeks in the pre-trial diversion program, which also includes an alcohol and substance abuse assessment. Fulton County State Court Chief Magistrate Judge Stephanie Davis on Friday allowed Fuller to enter the program and ordered him to report back to the court on Oct. 14.
Officers were called to the Fullers' room in August at the Ritz Carlton in Atlanta, where a police report said Kelli Fuller answered the door in tears and had cuts on her mouth and forehead. She was treated by paramedics but refused to be taken to the hospital. The room smelled of alcohol, according to the report.
Kelli Fuller told police her husband became violent when she accused him of cheating, pulling her hair, throwing her to the ground, and kicking her. Mark Fuller told officers he threw her to the ground to defend himself after she threw a drink glass at him while he watched television.
During the brief court hearing Friday, Mark Fuller spoke only to answer a question on whether he had agreed to enter the program. He left without speaking with reporters but, in a statement later issued through his attorney, Fuller said he looks forward to addressing the concerns of the court and "hopefully" returning to the bench. |
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32 states ask Supreme Court to settle gay marriage
Topics in Legal News |
2014/09/05 14:02
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Thirty-two states that either allow gay marriage or have banned it asked the U.S. Supreme Court on Thursday to settle the issue once and for all.
Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another.
The filing came as a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The unanimous decision Thursday criticized the justifications both states gave, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.
The experience of Massachusetts — the first state to legalize gay marriage — shows that allowing same-sex couples to wed has only benefited families and strengthened the institution of marriage, said Attorney General Martha Coakley. |
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Court upholds most counts against ex-financier
Attorney News |
2014/09/03 14:02
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A U.S. appeals court on Thursday upheld 10 convictions against an Indianapolis financier but overturned two wire fraud counts, saying the government failed to enter into the record key documentary evidence.
Timothy Durham and co-defendants Jim Cochran and Rick Snow were convicted in 2012 of swindling thousands of investors out of $200 million. Durham was convicted on 12 counts and sentenced to 50 years; Cochran was convicted on eight counts and sentenced to 25 years; Snow was convicted on five counts and sentenced to 10 years.
The 7th Circuit Court of Appeals in Chicago rejected most of the appeals but overturned two involving the transfer of $250,000 and $50,000.
The appeals court said the government's failure to enter the documentary evidence "was clearly an oversight, but the mistakes leaves a crucial gap in the evidence in those counts." It said the government used single-page printouts to establish the wire transfers were made in furtherance of the fraudulent scheme.
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Law Office of Alan Segal - Boston Real Estate Attorney
Law Firm News/Massachusetts |
2014/08/27 13:18
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Need help with the closing of your Boston Home Purchase? Look no further! Our Boston Real Estate Lawyers are knowledgeable in all matters of Boston Real Estate with a working knowledge of procedures and requirements and can ultimately help with the closing of your home purchase. Our Boston Real Estate lawyers also handle commercial closings and prepare all closing documents: UCC’s, rent assignment, security agreements, notes and mortgages.
Considering leasing space too? Our Boston Real Estate Lawyers can help with that too by reviewing the lease and explaining what you need to know.
Contact our Boston Real Estate Lawyers for help on:
- Property Lien
- Contract Law
- Quit Claim Deed
- Foreclosure
- Construction Law
Our Boston Real Estate Lawyer’s primary objective is to ensure that “good title” to the property is being transferred. “Good Title” refers to lawyer’s examination of probate records, surveys, plats, and other legal documents pertaining to the title. If no problems occur, your Boston Real Estate Lawyer will issue a title insurance policy which guarantees a proper title transfer, also known as a “lender’s policy or Mortgage policy.” This policy is required by the mortgage lender. You also have the option of purchasing an owner’s policy which protects your interest. If any problems are present during the title examination, your lawyer will contact the involved parties to work things out.
If you’re planning on buying a home in Massachusetts or need legal advice from a knowledgeable Massachusetts Real Estate Attorney, contact us today and let our Boston Real Estate Lawyers help you.
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Top India court says coal allocations were illegal
Headline Legal News |
2014/08/27 13:16
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India's Supreme Court says all government allocations of coal reserves to private companies from 1993 to 2009 were conducted illegally, and it will hold a hearing to decide whether to cancel them.
More than 200 coal blocks, or areas of unmined reserves, were allocated during that period to companies for their use in power plants or steel or cement factories.Companies were allowed to sell excess coal on the open market, but the court said Monday that commercial sales of coal from the reserves must be suspended until it makes its decision.
The court's ruling extends beyond an initial case in which the previous federal government was accused of costing the treasury hundreds of billions of dollars by allocating about 155 coal blocks without competitive bidding in 2004-09. |
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