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Court turns down appeal in murder plot case
Headline Legal News | 2011/04/16 09:56
The Supreme Court has rejected an appeal in a murder-for-hire plot after the star prosecution witness forged documents used at trial and lied about his military background.

The court said Monday it will not review a divided appeals court ruling that, by a 6-5 vote, upheld the conviction of Idaho businessman David Hinkson for plotting to kill a federal judge, prosecutor and tax agent. Hinkson is serving a 43-year prison term.

Earlier, a three-judge panel on the San Francisco-based 9th U.S. Circuit Court of Appeals had decided that Hinkson deserved a new trial because the witness, Elven Joe Swisher, lied about his war record, including presenting forged documents.

Swisher later was convicted of defrauding the government of nearly $100,000 in veterans' benefits and wearing unauthorized military medals.


Wis. public court record access may be threatened
Headline Legal News | 2011/04/10 12:06

Wisconsin court officials fear the court's data management system, including a popular site that allows anyone to easily look up the criminal records of friends and neighbors, could be on shaky ground if the governor's proposed budget breaks up its funding mechanism.

Gov. Scott Walker's proposed budget would end a dedicated funding stream for Consolidated Court Automation Programs, the data management system for the state courts system. State law now gives the system $6 out of every $21.50 charged as part of the Justice Information System Surcharge included in most court filing fees. Under the new proposal, all fee revenue would go to the Department of Administration, which would give the money to the system and a range of other programs. It would also cut the system's funding by 10 percent.

Jean Bousquet, CCAP spokeswoman, said the switch would allow DOA to move money to other programs in the future. If that happens, Consolidated Court Automated Programs would have to consolidate or cut back on non-essential services, and the Wisconsin Circuit Court Access database would likely be on the shortlist of cuts.

The WCCA site provides detailed and updated information on all past and pending court cases in the Wisconsin circuit courts system and is accessible to anyone with an Internet connection. Bousquet said while they hope cuts are not necessary, the system would likely deal with budget cuts through gradual moves.



Court ruling could mean NJ budget scramble
Court Watch | 2011/04/10 12:05

Gov. Chris Christie is warning that if the state Supreme Court rules the way it usually does on a long-running school funding case, it could doom other state services. The build-up about the immediate consequences gives the chapter of the court case known as Abbott v. Burke even more significance than many of the 20 other decisions in the case dating back to the 1980s.

The question now before the court is whether the state's cuts in aid to schools for the current academic year were so deep that New Jersey didn't live up to its constitutional requirement of providing a "thorough and efficient education" to all students.It's not clear when it might be decided.

But lawyers for the state and for children in the poorest school districts filed legal papers last week laying out their sides. Oral arguments are scheduled for April 20. Over the long history of the case, the state Supreme Court has consistently ruled that New Jersey should provide more money to the state's poorest school districts.

The rulings have led to free preschools for 3- and 4-year-olds in those cities. Those programs are often cited as national models and given credit for improving test scores of grade-school students. The infusion of money has also brought replacements and repairs for many of their decrepit school buildings, extra help for teaching key areas such as reading.



Lawyers for NFL, players talk mediation with judge
Headline Legal News | 2011/04/09 12:05

The locked-out NFL players don't want to go back to collective bargaining with the league. They have now made a move to allow their former union boss to be present if court-supervised talks take place between the two sides.

Attorneys for the NFL and the players held a conference call Friday to discuss mediation with U.S. District Judge Susan Richard Nelson, who is currently deciding whether to lift the lockout.

League spokesman Greg Aiello confirmed the call took place and said Nelson wanted details to remain private. Jeffrey Kessler, a lawyer for the players, declined to comment.

The most notable development Friday was the formal addition of DeMaurice Smith as an attorney for the players. Smith is the executive director of the NFL Players Association, which is now officially a trade association and not a union. Lawyers who practice in a different state must file for approval through the court.

NFLPA spokesman Carl Francis confirmed that the move allows Smith to participate in any mediation sessions that might take place under Nelson's supervision.

After a hearing Wednesday on the players' request for an injunction to stop the lockout, Nelson urged both sides to resume talks toward a new labor pact. Negotiations broke down last month.

Both sides expressed a willingness to talk again after the hearing, but the NFL wants to resume negotiations before a federal mediator in Washington while the players prefer to remain in Nelson's court.



The US Supreme Court's Sanctions Injustice
Legal Marketing | 2011/04/08 12:05
The INSIDER EXCLUSIVE will produce a Network TV Special on this tragic story of Injustice... detailing the "illegal activities" of the New Orleans DA's Office, and examine the "mindset" of the five Justices who sanction prosecutorial misconduct in America today.... putting innocent people in jail.

"Injustice Anywhere is a Threat to Justice Everywhere"  - as John Thompson personally tells his own "nightmare story of injustice".

Last month, the Supreme Court decided 5-4 to overturn a case John had won against Harry Connick Sr's New Orleans DA Office who oversaw his case, ruling that they were not liable for the failure to turn over that evidence — which included proof that blood at the robbery scene wasn’t John Thompson's.

The prosecutors involved in his two cases, from the office of the Orleans Parish district attorney, Harry Connick Sr., helped to cover up 10 separate pieces of evidence. And most of them are still able to practice law today.

In addition, of the six men one of John's prosecutors got sentenced to death, five eventually had their convictions reversed because of prosecutorial misconduct.

In America today......This could happen to you 

Because of that, prosecutors are free to do the same thing to someone else today.


Read John's personal NY Times Opinion essay "The Prosecution Rests, but I Can’t".... and remember "Injustice Anywhere is a Threat to Justice Everywhere".

http://www.nytimes.com/2011/04/10/opinion/10thompson.html?pagewanted=2&src=ISMR_AP_LO_MST_FB

Please visit John's website:  Resurrection After Exoneration   http://www.r-a-e.org/home


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