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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.



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.



Immigration court: Troubled system, long waits
Headline Legal News | 2011/04/08 12:04

Every morning, they don their black robes, take their seats and listen to the pleas of a long line of immigrants desperate to stay in America. The pace is fast, the pressure intense, the stories sometimes haunting. The work, these judges say, is exhausting:

"The volume is constant and unrelenting.' ... 'There is not enough time to think.' ... 'Nobody gives a damn about us!' ... 'I know I couldn't do this job if I were not on medication for depression or did not have access to competent psychological care myself.' ... 'I cannot take this place anymore. What a dismal job this is!'"

These are the voices of immigration judges who determine the fate of tens of thousands of people every year - illegal border crossers, visa violators, refugees who flee China, El Salvador, Iran and other countries, each making a case to remain here.

These judges are at the heart of a bloated immigration court system saddled by explosive growth, a troubled reputation and a record backlog, according to one estimate, of nearly 268,000 cases. The problems are drawing increased scrutiny of a little-seen world where justice can seem arbitrary, lives can remain in limbo for years - and blame seems to be in abundance.



Mississippi high court upholds price-gouging law
Headline Legal News | 2011/03/11 11:55

The Mississippi Supreme Court has upheld the constitutionality of the state's price-gouging law.

The justices Thursday unanimously overturned a Winston County judge's ruling that the law was unconstitutionally vague.

Chancellor J. Max Kilpatrick's ruling came in 2008 as he rejected Attorney General Jim Hood's lawsuit accusing a Mississippi oil company of charging too much for fuel after Hurricane Katrina. Kilpatrick has since retired from the bench.

The Supreme Court sent the case back to Winston County to determine if Fair Oil Co. in Louisville violated the law.

Fair Oil was one of two companies Hood sued in 2007. The lawsuit, which represents only one side of a legal argument, accused the company of gouging consumers after Hurricane Katrina struck in 2005.



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