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SC court nixes James Brown estate settlement
Law Firm News/South Carolina |
2013/03/04 13:03
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The South Carolina Supreme Court on Wednesday overturned a settlement divvying up the multi-million dollar estate of James Brown, saying a former attorney general didn't follow the late soul singer's wishes in putting together the deal.
Attorney General Henry McMaster brokered a settlement in 2009 that split Brown's estate, giving nearly half to a charitable trust, a quarter to his widow Tomi Rae Hynie and leaving the rest to be split among his adult children.
But the justices ruled the deal ignored Brown's wishes for most of his money to go to charity. The court ruled the Godfather of Soul was of sound mind when he made his will before dying of heart failure on Christmas Day 2006 at age 73.
The court sent the estate back to a lower court to be reconsidered.
The justices did agree with the lower court's decision to remove Brown's original trustees. Members of Brown's family said they wanted them gone because the trustees mismanaged the estate until it was almost broke. |
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Accused UK police killer changes plea to guilty
Legal News |
2013/02/27 23:00
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A 29-year-old man accused of murdering two unarmed British police officers in a gun and grenade attack dramatically changed his plea to guilty Tuesday, midway through his trial.
Dale Cregan had denied killing Fiona Bone and Nicola Hughes, but on Tuesday admitted the murders, replying "guilty" as a court clerk read out the charges.
The two officers were killed as they responded to a burglary call near Manchester, northwest England, in September.
Prosecutors said Cregan — who had made the false emergency call — waited for police to arrive, then opened fire with a Glock pistol.
He fired 24 shots at Bone, hitting her between five and eight times. Hughes was shot eight times, including three times in the head as she lay on the ground.
As he fled, Cregan lobbed a military fragmentation grenade into the yard of the house where the police officers lay, prosecutors said |
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Walton appointed presiding judge of FISA Court
Court Line News |
2013/02/08 13:16
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U.S. District Judge Reggie Walton has been appointed presiding judge of a secretive special court that oversees warrants for government surveillance in spy and terrorism cases.
Chief Justice John Roberts appointed Walton to head the Foreign Intelligence Surveillance Court effective Feb. 22, replacing Judge John D. Bates, whose term is expiring.
The court meets in secret at the federal courthouse in Washington to hear classified evidence from government attorneys. No defense attorneys are present. At least one of its 11 judges is on call to issue warrants any time of the day or night.
Walton has served on the surveillance court since 2007. He also has presided over a number of high-profile federal court cases, including last year's Roger Clemens perjury trial. |
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San Francisco nudity ban upheld in federal court
Court Line News |
2013/02/01 14:49
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A federal judge cleared the way Tuesday for the city of San Francisco to ban most displays of public nudity, ruling that an ordinance set to take effect on Feb. 1 does not violate the free speech rights of residents and visitors who like going out in the buff.
U.S. District Court Judge Edward Chen refused to block the ban temporarily or to allow a lawsuit challenging it to proceed.
"In spite of what plaintiffs argue, nudity in and of itself is not inherently expressive," Chen wrote in an 18-page opinion.
The San Francisco Board of Supervisors voted 7-4 last month to prohibit residents and visitors over age 5 from exposing their genitals on public streets, in parks or plazas or while using public transit.
The measure was introduced in response to a group of nudists that regularly gathers in the city's predominantly gay Castro District. The threat of seeing outlawed a right that many people associate with free-spirited San Francisco prompted public protests and disrobing at supervisors meetings.
The activists who challenged the measure in court also had argued that the ordinance was unfair because it grants exceptions for public nudity at permitted public events such as the city's gay pride parade and the annual Bay-to-Breakers foot race. |
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Marine pleads guilty to urinating on Afghan corpses
Legal News |
2013/01/17 23:47
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A Marine who urinated on the corpses of Taliban fighters in a video seen worldwide pleaded guilty Wednesday to several charges at a court-martial at Camp Lejeune, N.C.
Staff Sgt. Edward W. Deptola admitted desecrating the remains and posing with the bodies of insurgents in Afghanistan for what he called “trophy photographs.’’ He also admitted that he failed to supervise other Marines involved in the incident and did not report the violations of military regulations.
In a 39-second video that was widely viewed on the Internet after it appeared in January 2012, four Marines in combat gear were shown urinating on three corpses in southern Afghanistan in July 2011. One Marine could be overheard saying to one of the bodies, “Have a good day, buddy.’’
Deptola had previously been instructed that desecrating corpses was a serious violation of Marine Corps regulations, he told the presiding judge, Lt. Col. Nicole Hudspeth. Nonetheless, he said, he urinated on the dead men and did not intervene to prevent other Marines in his sniper platoon from doing so. |
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Court: Judges cannot indefinitely delay appeals
Court Line News |
2013/01/09 20:10
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The Supreme Court says federal judges cannot indefinitely delay a death row inmate's federal appeals to see if the convict can become mentally competent enough to help his lawyer.
The high court unanimously ruled Tuesday against Arizona death row inmate Ernest Gonzales and Ohio death row inmate Sean Carter.
Inmates appealing state death sentences to federal court have a right to a lawyer. But the courts never said whether the inmates have to be mentally competent enough to help their lawyers with their federal appeals. Gonzales and Carter wanted the high court to say that federal judges have discretion to hold up proceedings indefinitely until the inmates are ready.
Justice Clarence Thomas says "at some point, the state must be allowed to defend its judgment of conviction." |
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