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Pa high court to meet in historic chamber
Topics in Legal News | 2011/09/15 08:54
Pennsylvania's highest court plans to convene in a historic chamber in Philadelphia for the first time in more than two centuries.

Tuesday's oral arguments session in the Supreme Court Chamber in Old City Hall will be the first time the justices have used the room since 1802.

The session also will be the first to be videotaped under a court policy announced last month. The Pennsylvania Cable Network plans to record the event and air it Tuesday evening.

Cases to be heard include one involving the state's use of an $800 million surplus from a fund that helps doctors pay medical malpractice premiums to balance the state budget in 2009.

The court is using the historic courtroom as part of a commemoration of Constitution Week, which runs through Saturday.


Colombia court reinstates conviction in Galan hit
Topics in Legal News | 2011/09/01 09:48
The Supreme Court on Wednesday reinstated the murder conviction of a former justice minister for masterminding the 1989 assassination of presidential candidate Luis Carlos Galan, a courageous foe of drug cartels.

The court also reinstated the 24-year prison sentence a lower court imposed in 2007 on Alberto Santofimio, who was widely considered the political godfather of the late cocaine kingpin Pablo Escobar.

Hitmen employed by Escobar killed Galan, and a key witness in Santofimio's trial said he saw the defendant urge Escobar to order the murder.

Kill him, Pablo, testified John Jairo Velasquez, or Popeye, who was Escobar's chief henchman at the time and has confessed to organizing the assassination.

Santofimio, a senator who had been justice minister in the 1970s, was at the time a rival of Galan for the Liberal Party's presidential nomination.

The Aug. 18, 1989, assassination badly traumatized a nation already reeling from a terror campaign by Escobar's henchmen, who killed hundreds of judges, journalists and police. Escobar also targeted civilians with car bombs, even blowing up an airplane in midflight.

The drug kingpin was trying to pressure Colombia's leaders not to extradite drug lords to the United States. Nonetheless, Galan, the presidential frontrunner when he was killed, promised to battle the narcos with extradition.


Del. pediatrician gets life for abusing patients
Topics in Legal News | 2011/08/26 10:19
A Delaware pediatrician convicted of sexually abusing scores of young patients over more than a decade was sentenced Friday to life in prison.

Earl Bradley showed no emotion as a judge sentenced him to 14 life sentences for 14 counts of first-degree rape. Bradley was also sentenced to 165 years for multiple counts of assault and continuous sexual exploitation of a child.

Bradley was arrested in Dec. 2009 after a 2-year-old girl complained to her mother after an office visit that the doctor had hurt her.

Investigators searched his office complex, decorated with Disney characters and miniature amusement park rides, and seized dozens of homemade videos.

Bradley's public defenders presented no defense at his trial, opting instead for a swift verdict so they could more quickly appeal the judge's decision to allow the videos as evidence. The defense contends they were improperly seized by investigators acting outside the scope of their search warrant.


No choking charges for Wis. Supreme Court justice
Topics in Legal News | 2011/08/24 10:19
A conservative Wisconsin state Supreme Court justice who staved off an unusually intense campaign to replace him this summer will not face criminal charges over allegations that he tried to choke a liberal colleague, a prosecutor said Thursday.

Sauk County District Attorney Patricia Barrett, a special prosecutor in the case, said that after reviewing investigators' reports, she decided there's no basis to file charges against either Justice David Prosser or Justice Ann Walsh Bradley, who accused Prosser of choking her.

Barrett, who is a Republican, told The Associated Press that the accounts of the other justices who were present when the alleged altercation occurred varied widely, however she declined to elaborate.

I believe a complete review of the report suggests there is a difference of opinion. There are a variety of statements about what occurred ... the totality of what did happen does not support criminal charges against either Justice Bradley or Justice Prosser, Barrett said.

Walsh Bradley accused Prosser of choking her in June while the justices were deliberating the merits of a lawsuit challenging Republican Gov. Scott Walker's contentious law stripping public workers of most of their collective bargaining rights. Walsh Bradley, 61, is seen as part of the court's three-justice liberal minority, while Prosser, a 68-year-old former Republican legislator, is considered part of the four-justice conservative majority. The factions have been feuding for years.

The court delivered its verdict the day after the alleged incident, ruling 4-3 to uphold the law and allowing it to finally take effect. As expected, Prosser voted with the majority.


Court dismisses part of NM whistleblower case
Topics in Legal News | 2011/08/18 09:31
Attorney General Gary King and a state agency can take charge of legal efforts to recover money for New Mexico for some investment deals allegedly influenced by political considerations, a state court ruled Wednesday.

District Judge Stephen Pfeffer also dismissed portions of a whistleblower's lawsuit involving allegations of a pay-to-play scheme in investment deals by the State Investment Council, which oversees permanent funds worth more than $15 billion. The judge's ruling allows the council and the attorney general to handle those legal claims.

The lawsuit by Frank Foy, a former chief investment officer of the state's educational pension fund, will continue on other allegations, including that the state lost money on bad investments by the Educational Retirement Board and some by the council and that politics influenced some of the pension's fund investments.

The Investment Council filed a lawsuit in May claiming that its former top manager and a financial advisory firm improperly steered New Mexico investments to political supporters of former Democratic Gov. Bill Richardson. More than a dozen other defendants were named, including third-party placement agents who earned millions of dollars in fees on investment deals.

Former State Investment Officer Gary Bland has said the allegations are absurd and he was not involved in any wrongdoing.


Calif Supreme Court says threats must be serious
Topics in Legal News | 2011/08/15 09:31
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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