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Court upholds conviction in parents' knife slaying
Legal News |
2011/08/16 09:31
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The Michigan Court of Appeals has upheld first-degree murder convictions against an Oakland County man for stabbing his parents to death.
Mark Ott of White Lake Township was convicted in the fatal stabbings last year. The bodies of 57-year-olds Barbara and Michael Ott were discovered in February 2008 at their home in White Lake Township, about 30 miles northwest of Detroit.
On Wednesday, the he appeals court affirmed the jury's decision to find Ott guilty but mentally ill. Ott is serving the mandatory sentence of life without parole.
The appeals court vacated Ott's convictions on two counts of second-degree murder based on double jeopardy principles. The ruling says double jeopardy doesn't allow multiple punishments for the same offense. |
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Monster iPhone location lawsuit filed against Apple
Lawyer Blogs |
2011/08/16 09:31
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More than 20,000 South Korean iPhone users have filed a class action lawsuit against US technology giant Apple for alleged privacy violations over the collection of location data, a law firm said.
The suit came after lawyer Kim Hyung-Suk was awarded one million won (US $950) in compensation in June, the first such payout by Apple's Korean unit, following an interim order by a court in the southeastern city of Changwon.
Kim has since led online preparations for a class action suit against Apple and its South Korean unit.
The suit accuses Apple of breaching articles 10 and 17 of the constitution that ensure pursuit of happiness and protection of privacy, and the South Korean law on protection of location data, a spokesman for Kim's firm Miraelaw said. The suit involves 26,691 people demanding one million won each. |
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EEOC sues, argues man on treatment should be hired
Lawyer Media News |
2011/08/16 09:30
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The U.S. Equal Employment Opportunity Commission has sued a national insurance company, contending the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for a drug addiction.
The suit was filed Tuesday in U.S. District Court in Raleigh against United Insurance Co. of America, said EEOC attorney Lynette Barnes.
The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm's Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test, the complaint said.
The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said.
Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer, the complaint said.
Barnes said the action violates the Americans With Disabilities Act, which protects employees and applicants from discrimination based on their disabilities. A recovering drug addict is covered under the act, the attorney said in an interview. |
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Calif Supreme Court says threats must be serious
Topics in Legal News |
2011/08/15 09:31
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The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious.
The San Francisco Chronicle says last week's unanimous decision means a Riverside County judge must re-examine the conviction of a man who told his jailed wife he would blow away the head of a man who accused them of stealing $250,000.
Eddie Lowery was convicted of threatening a crime victim and he was sentenced to a year in jail.
In its ruling Thursday, the court ruled a threat is not protected by freedom of speech if a reasonable listener concludes the speaker was serious and wasn't merely joking. |
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Ex-Harvard student due in court in 2009 shooting
Topics in Legal News |
2011/08/15 09:30
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A former Harvard student accused of hiding the gun used in a fatal shooting inside a university dormitory is due in court.
Brittany Smith is one of four people who were charged in connection with the shooting of 21-year-old Justin Cosby of Cambridge.
Smith's former boyfriend, Jabrai (juh-BRY') Jordan Copney, of New York City, was convicted of murder in Cosby's death and is serving a life sentence.
During Copney's trial, prosecutors said Cosby, a local drug dealer, was shot during an attempted robbery by Copney and two other New York City men in May 2009.
Smith is accused of giving the men her Harvard electronic keycard to enter the building, hiding the gun used in the shooting and helping the men flee. |
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Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US
Court Line News |
2011/08/14 09:30
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A Nigerian man who fled to his homeland after being accused of defrauding dozens of lawyers and law firms of more than $31 million dollars has been extradited to the U.S., Nigeria’s anti-graft agency said Friday.
Emmanuel Ekhator was arrested in Nigeria’s Benin City by the country’s Economic and Financial Crimes Commission in August. He was handed over to U.S. marshals in New York on Thursday, said Femi Babafemi, the anti-graft body’s spokesman.
“With the latest extradition, ... the message should be clear to anyone who travels abroad to commit crime and run back home to hide that Nigeria is no longer safe for them,” Farida Waziri, the anti-graft body’s chief, said in a statement. “We will get them and hand them over to face the law.”
Court records show Ekhator has yet to be assigned a lawyer. He remained in custody on Friday.
Charging documents from the U.S. District Court in the Middle District of Pennsylvania show that Ekhator and others are accused of mail and wire fraud after using bank accounts in South Korea, Singapore, China and Japan to collect the stolen money.
Federal prosecutors say the complicated scam involved multiple players, with a fraudster calling a U.S. or Canadian law firm posing as someone usually in Asia who needed to collect a debt from a person or organization based in North America. Another scammer poses as the debtor and agrees to pay off the debt — using a fake check, authorities say.
The law firms or lawyers collect the fake check, which gets validated by a third scammer posing as a bank employee over the telephone. Before the victims realize the check is fake, they’ve already used their own money to pay the fake settlement amount to their supposedly Asia-based client. |
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