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Texas high court orders state to pay ex-inmate $2M
Lawyer Media News |
2012/05/18 22:08
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The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.
Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.
The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.
Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.
"The floodgates are not opening, but what this will do is give a fair shake to people who are innocent," Blackburn said. "This is a major step forward in terms of opening up and broadening the law of exoneration in general."
Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity.
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Court Rules For Private Lawyer Hired By CA City
Lawyer Media News |
2012/04/17 09:55
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The Supreme Court has ruled unanimously that private individuals hired temporarily by local governments have the same protection against civil rights lawsuits as public employees.
Chief Justice John Roberts said Tuesday that it makes no sense to treat people differently because one person is a full-time government employee and another has been retained for a discrete task.
The court sided with attorney Steve Filarsky, who was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave. Filarsky and several full-time Rialto employees were sued by a firefighter who was under investigation.
Lower courts threw out claims against all the city employees, but the federal appeals court in San Francisco said Filarsky's case was different because he was not employed by Rialto.
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US court looks at possible Edwards lawyer conflict
Lawyer Media News |
2012/03/15 09:19
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A federal judge planned to hear Thursday whether former North Carolina Sen. John Edwards would create problems for his upcoming trial by hiring lawyers who represented his mistress in a lawsuit over the couple's alleged sex tape.
The hearing scheduled in Greensboro aims to air whether lawyers Alan Duncan and Allison Van Laningham could use insider knowledge of Edwards' mistress Rielle Hunter at the former presidential candidate's trial beginning next month.
Duncan and Van Laningham represented Hunter in a lawsuit that ended last month with a settlement that ordered all copies of the tape destroyed.
Federal prosecutors have said they'll likely call Hunter as a witness at Edwards' trial on campaign finance charges that he used nearly $1 million from two wealthy donors to hide the pregnant Hunter as he sought the White House in 2008. He has pleaded not guilty.
"To whom would Mr. Duncan's and Ms. Van Laningham's allegiance lie? Their new client or the one they represented as recently as two weeks ago in a lawsuit seeking to enforce those very privacy rights?" federal prosecutors said in a court filing last week.
Because of their previous attorney-client relationship with Hunter, Duncan and Van Laningham might take it easy on her if they were questioning Hunter under oath, prosecutors said.
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Ohioan to plead guilty to defrauding fellow Amish
Lawyer Media News |
2012/03/14 11:16
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An Ohio man will plead guilty in federal court to defrauding fellow Amish in 29 states out of nearly $17 million as part of a case the man's church had hoped to shield from publicity and outside involvement, the government said Tuesday.
The attorney for Monroe L. Beachy, 77, owner of A&M Investments in Sugarcreek, filed a recent notice informing federal court of his "intention to plead guilty as charged."
U.S. attorney's spokesman Mike Tobin confirmed the pending guilty plea. Beachy declined to comment Thursday, and his attorney didn't immediately return a message seeking comment.
Beachy is accused in an indictment of promising investors safe securities but moving money to riskier investments. According to the indictment, nearly 2,700 people and entities, including an Amish community loan fund, lost about $16.8 million since 2006.
The investments directed by Beachy "were not the 'safe' investments as reported to his clients or investors," the indictment said.
Beachy, bearded with a shock of white hair, is a member of an Amish church near Sugarcreek.
He is charged with one count of mail fraud, punishable by up to 20 years in prison. Prosecutors stopped short of saying whether Beachy had personally profited or just made bad investments but noted he had made a living for years offering investor services to the Amish. |
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Afghanistan suspect's base had 2010 killing case
Lawyer Media News |
2012/03/12 11:52
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Joint Base Lewis-McChord is one of the largest military installations in the U.S., and one that has seen its share of controversies and violence in the past few years.
The news that a soldier suspected of killing 16 Afghan villagers Sunday comes from this base about 45 miles south of Seattle hit hard.
"It's another blow to this community," said Spc. Jared Richardson, an engineer, as he stood outside a barbershop near the base. "This is definitely something we don't need."
Home to about 100,000 military and civilian personnel, the base has suffered a spate of suicides among soldiers back from war. The Army is investigating whether doctors at Lewis-McChord's Madigan Army Medical Center were urged to consider the cost of providing benefits when reviewing diagnoses of post-traumatic stress disorder.
Most famously, four Lewis-McChord soldiers were convicted in the deliberate thrill killings of three Afghan civilians in 2010.
The military newspaper Stars and Stripes called it "the most troubled base in the military" that year.
Catherine Caruso, a spokeswoman for Lewis-McChord, said she could not comment on reports that the soldier involved in Sunday's shooting was based there. |
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Ohio school shooting case may go to adult court
Lawyer Media News |
2012/03/07 09:34
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A 17-year-old boy charged in a school shooting rampage that left three students dead was told by a judge on Tuesday that the case could be sent to adult court for trial.
Authorities will decide later whether T.J. Lane will be tried as an adult and face a possible life sentence if convicted.
Lane, who is charged with three counts of aggravated murder, two counts of attempted aggravated murder and one count of felonious assault, did not enter a plea Tuesday when he appeared before Juvenile Judge Tim Grendell.
The judge postponed a hearing on the adult-court matter from March 19 until April 3 because two new attorneys have joined the defense team.
Lane watched the judge without visible emotion, blinking occasionally. He was taken into court under heavy security, a deputy's hand on his arm. He was dressed in an outfit similar to what he wore last week in court — a tan, open-collared dress shirt and dark slacks.
Relatives of the victims faced Lane from the jury box. Some wore memorial ribbons of red and black, the colors of Chardon High School.
Lane spoke in response to routine questions from the judge about his understanding of the case and his rights.
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