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Court halts Texas execution of ex-Army recruiter
Headline Legal News | 2011/09/20 22:09
A former Army recruiter who for the third time this year was hours away from his scheduled execution for the rape-slaying of a woman in Fort Worth nearly 10 years ago was granted yet another reprieve by the U.S. Supreme Court on Tuesday.

Cleve Foster, 47, was set to die Tuesday evening in Huntsville.

The high court twice earlier this year stopped Foster's scheduled lethal injection. The latest court ruling came about 2½ hours before Foster could have been taken to the Texas death chamber.

Foster was meeting with one of his lawyers in a small holding cell a few feet from the death chamber when a Texas Department of Criminal Justice spokesman delivered the news.

"He thanked God and pointed to his attorney, saying this woman helped save his life," prison spokesman Jason Clark said.

He also said Foster repeated his insistence that he was innocent.


Noted NJ attorney Michael Cole dies at 67
Attorney News | 2011/09/20 22:09
Michael Cole, a noted lawyer who held several key state government positions during his long legal career, has died. He was 67.

Cole's death was announced Sunday by the Teaneck-based law firm of DeCotiis, Fitzpatrick & Cole, but further details were not disclosed. The Morris Township resident had been a partner with the firm for many years before recently retiring and was still serving as a counsel for them.

During his governmental career, Cole served as chief counsel to Gov. Tom Kean and also had been a first assistant Attorney General, where he handled matters ranging from school funding to gubernatorial powers to gaming regulation.

A graduate of Rutgers Law School, Cole was an attorney for more than 40 years. Among his survivors is his wife, state Supreme Court Justice Jaynee LaVecchia.


Idaho inmates settle lawsuit over prison violence
Topics in Legal News | 2011/09/20 22:08
A potential class-action lawsuit against the nation's largest private prison company over allegations of violence at the Idaho Correctional Center has been settled in federal court.

The agreement between the inmates and Nashville, Tenn.-based Corrections Corporation of America was filed Tuesday in U.S. District Court in Boise.

In it, CCA doesn't acknowledge the allegations but agrees to increase staffing, investigate all assaults and make other sweeping changes at the lockup south of Boise. If the company fails to make the changes, the inmates can ask the courts to force CCA to comply.

The inmates, represented by the American Civil Liberties Union, sued last year on behalf of everyone incarcerated at the CCA-run state prison. They said the prison was so violent it was dubbed "Gladiator School," and that guards used inmate-on-inmate violence as a management tool and then denied prisoners medical care as a way to cover up the assaults.

CCA has denied all the allegations as part of the settlement, but the agreement is governed under a section of the Prison Litigation Reform Act which only applies in cases in which prisoners' constitutional rights have been violated.


Kona coffee dispute prompts class-action lawsuit
Court Watch | 2011/09/20 22:08
A spat involving Safeway and Hawaii coffee growers is still brewing, even after the supermarket giant agreed to change labeling on its Kona blend coffee.

A $5 million class-action lawsuit was filed in federal court in Northern California claiming Safeway profited off the reputation of Kona coffee while selling an inferior product with very little Hawaii-grown coffee.

The lawsuit was filed Aug. 30, a day before Safeway's letter informing the Kona Coffee Farmers Association the company would change its packaging to reflect the percentage of Kona it contains. The farmers had called for a boycott of Safeway's 1,700 stores nationwide after a farmer saw the Kona blend for sale in a California store.

In an effort to protect a world-famous Hawaii product, the state's Board of Agriculture Chairman Russell Kokubun sent a letter to Safeway officials asking them to comply with a law here requiring labels to specify the percentage of Hawaii-grown coffee included in the blend. The law requires those blends have at least 10 percent Hawaii-grown coffee. But because Safeway's Kona blend isn't sold in any of the 19 Hawaii locations, Kokubun could only ask for voluntary compliance.


Va. high court considers ex-King confidant's case
Court Watch | 2011/09/19 22:10
A lawyer has asked the Virginia Supreme Court to throw out the incest conviction of a former top adviser to Martin Luther King Jr.

The Rev. James Bevel, the architect of the 1963 Children's Crusade in Birmingham, Ala., died in 2008 at age 72 while his appeal was pending. His attorney, Bonnie Hoffman, is seeking what's known as an abatement. The idea is that a conviction is not final until the appeals process is complete.

However, Senior Assistant Attorney General Virginia Theisen (THIGH'-sun) said that under the law, convictions are presumed to be valid.

A Loudoun County judge refused to abate the conviction after hearing emotional testimony from Bevel's victim. The Virginia Court of Appeals upheld the decision.

A ruling by the Supreme Court is likely in early November.


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