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Loughner lawyer says she can't provide discovery
Headline Legal News |
2011/06/06 09:15
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The Tucson shooting rampage suspect's lawyer says she's unable to provide discovery requested by prosecutors until her client is declared competent to stand trial.
In a Monday filing, defense attorney Judy Clark says the court's finding that Jared Lee Loughner is incompetent to stand trial makes it clear that she "cannot have rational or meaningful communication" with him.
She says she also cannot consult with him about any possible defenses or evidence that may be presented at trial until he is declared competent.
Judge Larry Burns ruled last month that Loughner is mentally unfit to assist his lawyers or understand the charges he faces.
Loughner has pleaded not guilty to charges stemming from the Jan. 8 Tucson mass shooting that killed six and injured 13, including Rep. Gabrielle Giffords. |
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Court refuses to reconsider Spector's appeal
Headline Legal News |
2011/05/30 11:21
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An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.
The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.
The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.
They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."
Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction. |
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Appeals court reinstates charges against Worley
Headline Legal News |
2011/05/28 11:22
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A state appeals court has reinstated five felony charges against former Secretary of State Nancy Worley for a second time.
The Alabama Court of Criminal Appeals issued a 4-0 ruling Friday. The charges accuse the former Democratic officeholder of violating election laws during her unsuccessful campaign for re-election in 2006. Her attorney, James Anderson, says he will ask the court to reconsider.
The charges resulted from an investigation by the attorney general. They were originally thrown out by a Montgomery judge. Then the Court of Criminal Appeals reinstated them. The Alabama Supreme Court reversed that ruling in September and told the appeals court to take another look.
The appeals court ruled Friday that prosecutors presented sufficient evidence to support the felony charges. |
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High court backs cuts in Calif. prison population
Headline Legal News |
2011/05/20 08:48
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The Supreme Court on Monday endorsed a court order requiring California to cut its prison population by tens of thousands of inmates to improve health care for those who remain behind bars.
The court said in a 5-4 decision that the reduction is "required by the Constitution" to correct longstanding violations of inmates' rights. The order mandates a prison population of no more than 110,000 inmates, still far above the system's designed capacity.
There are more than 142,000 inmates in the state's 33 adult prisons, meaning roughly 32,000 inmates will need to be transferred to other jurisdictions or released.
Justice Anthony Kennedy, a California native, wrote the majority opinion, in which he included photos of severe overcrowding. The court's four Democratic appointees joined with Kennedy.
"The violations have persisted for years. They remain uncorrected," Kennedy said.
Justice Antonin Scalia said in dissent that the court order is "perhaps the most radical injunction issued by a court in our nation's history." |
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Court lets Minn. corporate disclosure law stand
Headline Legal News |
2011/05/17 08:33
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A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.
In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.
"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.
Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.
One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech. |
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