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San Diego Immigration Law Firm
Law Firm News/California |
2010/05/24 09:06
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McHenry amp; Associates
We are a a href=http://www.sandiego-immigrationlawyer.comSan Diego Immigration Law Firm /aspecializing in deportation defense, family based and employment based immigration. We provide exceptional legal services to all those who wish to live and work in the United States legally. The Law Offices of McHenry amp; Associates limits its practice exclusively to U.S. Immigration Law. Whether you are an individual, family or business, if you are in need of an immigration lawyer in San Diego, call the Law Offices of McHenry amp; Associates to discuss your immigration options.
a href=http://www.sandiego-immigrationlawyer.com target=newfont color=#0000ffImmigration Attorney San Diego/font/a |
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Kagan's writings suggest her view on judge's role
Headline Legal News |
2010/05/24 09:04
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| Elena Kagan, a Supreme Court nominee without judicial experience, has suggested in writings and speeches over a quarter-century that when judges make decisions, they must take account of their values and experience and consider politics and policy, rather than act as robotic umpires.pNot since 1972 has a president picked someone for the high court who hasn't been a judge. So what the 50-year-old Kagan has said about judging might be the best indicator of the kind of justice she would be./ppRepublicans have said that because Kagan hasn't left a trail of judicial opinions, they will pore over her records as a Clinton White House aide and academic for any clues. Her speeches and papers from her time as dean of the Harvard Law School and, before that as a law professor and graduate student, are certain to get close attention at her confirmation hearing in late June./ppHer words stand in contrast to the more technical view of judging voiced by Chief Justice John Roberts at his confirmation hearing five years ago. Roberts said he considered himself an umpire merely calling balls and strikes./ppKagan apparently has never directly addressed Roberts' comments. Republicans have held his description of the job as a model of judicial restraint and used it to criticize President Barack Obama for what they call his support of judicial activism — judges imposing their own views on the law./p |
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Jury convicts man in NJ schoolyard triple slayings
Headline Legal News |
2010/05/24 05:03
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pThe first defendant to be tried for a triple murder in a schoolyard that shocked New Jersey's largest city into action has been convicted on all counts./ppA jury returned the verdict Monday in state Superior Court in Newark against Rodolfo Godinez (goh-DEE'-nez). He was among six men and boys charged with the August 2007 slayings. The jury deliberated for nearly four hours and found him guilty on all 17 counts./ppThe victims' family members, including several parents, wept quietly as the verdict was read./ppThe three victims each suffered a gunshot wound to the back of the head. A fourth victim survived and testified against Godinez./ppGodinez's attorney had argued his client was at the scene but didn't take part in the attacks. Godinez could face life in prison at sentencing.
/p |
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Appeals court rules against Bagram detainees
Lawyer Media News |
2010/05/24 03:04
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| Detainees at Bagram Air Field in Afghanistan cannot use U.S. courts to challenge their imprisonment the way detainees in Guantanamo Bay have, a federal appeals court ruled Friday in a victory for the Obama administration.pThree appeals court judges said in an unanimous decision that because Afghanistan is a war zone and that the United States in effect has sovereignty over Guantanamo Bay swing the balance against the detainees./ppUnlike Guantanamo Bay, it is undisputed that Bagram, indeed the entire nation of Afghanistan, remains a theater of war, the judges said in turning aside the requests of a Tunisian and two Yemeni prisoners./ppIn the case of Guantanamo Bay detainees, who do have the right to challenge their confinement in U.S. courts, the United States has maintained its total control of the Guantanamo Bay facility for over a century, even in the face of a hostile government, the court noted./p |
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High court rules out life sentences for juveniles
Court Line News |
2010/05/17 09:25
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pThe Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone./ppBy a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release./ppThe court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide./ppThe state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law, Justice Anthony Kennedy wrote in his majority opinion. This the Eighth Amendment does not permit./ppChief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a no vote on the ruling./ppLife sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences./ppThose inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.
/p |
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CANCER CLUSTER TRIAL APPROACHES
Lawyer Media News |
2010/05/17 09:25
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p style=text-align: center; line-height: 200%; margin: 0cm 0cm 0pt; mso-layout-grid-align: none class=MsoNormal align=centerstrong style=mso-bidi-font-weight: normalspan style=line-height: 200%; font-size: 14pt; mso-bidi-font-size: 12.0ptfont face=Times New Romanfont size=3CDC, COUNTY AND ILLINOIS STATE HEALTH DEPARTMENT REPORTS ARE “INADMISSIBLE,” JUDGE RULES;/font o:p/o:p/font/span/strong/ppA state court judge is barring from evidence studies by the U.S. Centers for Disease Control (CDC), Illinois Department of Health, and the McHenry County Health Department in what is believed to be the largest brain cancer cluster cases in the U.S. courts. The first trial in the group of 31 cases is to begin here on June 7. /ppCourt of Common Pleas Judge Allan Tereshko last week ruled against Rohm amp; Haas/Dow Chemical, the defendant, deciding that the public health epidemiological studies are “irrelevant” to the case and “can only serve as a source of confusion and misdirection.”/ppThe brain cancer cluster victims from McCullom Lake, Illinois, are asserting that Philadelphia-based Rohm amp; Haas, a wholly-owned subsidiary of Dow, poisoned the air and groundwater in the McCullom Lake community with vinyl chloride (among other toxic chemicals) discharged from its chemical-manufacturing plant into an unlined waste pit near their homes. The Plaintiffs allege that prolonged exposure caused them to contract rare malignant brain cancers and brain tumors; 10 of the victims have died./ppThe first three brain cancer victims – next-door neighbors who were each diagnosed with malignant brain cancer within the same year – filed suit in April 2006.nbsp; Less than a month later, the McHenry Health Department, using outdated cancer-rate data (based on zip codes) for the area that includes McCullom Lake, told local residents there was no epidemiological evidence of a brain cancer cluster.nbsp; McCullom Lake’s population is only about 1,000 people; the population of its zip-code region is roughly 50,000. nbsp; Later, the state Department of Health announced that more recent data showed that there was no epidemiological evidence of a brain cancer cluster in McHenry County – population more than 300,000.nbsp; Under public pressure, the county government then asked the CDC to review the analyses of the two health departments.nbsp; /ppThe Court’s order comes after attorneys for Rohm and Haas/Dow have claimed in pre-trial proceedings and in the news media that no public agency has found a brain cancer cluster in McCullom Lake.nbsp; Their statements rely on the flawed studies that the judge has now ruled inadmissible, according to Aaron J. Freiwald, lead trial attorney for the plaintiffs. /pp“The studies cited by the defendant were about as valid in this case as if you did a study of brain cancer rates in the entire state of Illinois or in all of the Western Hemisphere,” Freiwald said.nbsp; “They, too, wouldn’t tell you anything about brain cancer rates in McCullom Lake. When you do the math, using reliable, objective data, there is no escaping the fact there was and is a cancer cluster in McCullom Lake Village.”/ppThe trial Court, in granting Plaintiff’s Motion to Preclude evidence of the studies, noted that the studies supported by the defendants “do not attempt to discretely address the pattern of brain cancer represented in the significantly smaller subset which is the Village.” /ppThe first brain cancer cluster case to go to trial will be on behalf of Joanne Branham, who lived with her husband Franklin Delano Branham in McCullom Lake for 30 years.nbsp; Mr. Branham was diagnosed with glioblastoma, a lethal form of brain cancer, in 2004, just a few years after he and Joanne relocated to Apache Junction, Arizona, near Phoenix. He died just one month after brain surgery.nbsp; /ppJury selection is scheduled for June 3rd.nbsp;
Contacts:
Aaron J. Freiwald, Esq.
a href=mailto:ajf@layserfreiwald.comfont color=#336699ajf@layserfreiwald.com/font/a
215.875.8000
Stephan Rosenfeld (for Layser amp; Freiwald)
215.514.4101
a href=mailto:steph@idadvisors.comfont color=#336699steph@idadvisors.com/font/a/p |
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