Roman Polanski sex victim to appear in court for first time

Legal Insight 2017/06/08 15:56   Bookmark and Share
The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.

Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.

"She's tired of this case," Braun said. "The judge is just playing games with him."

The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.

Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.

His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.

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Court: Ohio E-School Can't Delay Repayment of $60M to State

Legal Business 2017/06/07 15:56   Bookmark and Share
ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.

Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.

"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."

ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.

"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."

Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.

The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.

A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.

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Alabama asks US Supreme Court to let execution proceed

Lawyer Blog Post 2017/06/07 11:02   Bookmark and Share
Alabama’s attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts.

Attorney General Steve Marshall’s office asked the justices to let the state proceed with Thursday’s scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery.

The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam’s use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas.

“Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay,” lawyers with the attorney general’s office wrote in the motion

“If the stay is allowed to stand, Melson’s execution will be delayed many months, if not years. The State, the victims’ families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court’s stay,” attorneys for the state wrote.

Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state’s execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely.

A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson’s execution to avoid the “untenable” prejudging of the inmates’ cases.

Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson’s lawyers wrote in a Friday motion that Alabama “botched” a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes.

“Mr. Smith’s botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants’ use of potassium chloride is unconstitutional,” Melson’s attorneys wrote last week.

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Court to hear challenge to speed up California executions

Court News 2017/06/07 11:02   Bookmark and Share
The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals.

Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade.

Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process.

If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes.

With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case.

"There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important."

The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978.

A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.
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High court limits seizure of assets from drug conspiracies

Lawyer Blog Post 2017/06/07 11:01   Bookmark and Share
The Supreme Court is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.

The justices ruled Monday that a Tennessee man convicted for his role selling iodine water purification filters to methamphetamine makers does not have to forfeit nearly $70,000 in profits.

Terry Honeycutt helped sell more than 20,000 filters at his brother's hardware store. Prosecutors said the brothers knew the iodine was used by local meth cooks.

Honeycutt's brother pleaded guilty and forfeited $200,000 of the $270,000 in profits. But Honeycutt argued he wasn't responsible for the rest since he didn't personally see any profits.

A federal appeals court ruled against Honeycutt, saying everyone who joins a drug conspiracy can be required to give up profits.
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Bill Cosby arrives in court ahead of sexual assault trial

Lawyer Blog Post 2017/06/06 11:01   Bookmark and Share
Bill Cosby arrived at the suburban Philadelphia courthouse for the start of his sexual assault trial Monday. The 79-year-old Cosby showed up at the Montgomery County courthouse at about 8:40 a.m. amid a large media presence.

Arriving with the disgraced comedian were his defense attorneys and his former "Cosby Show" castmate Keshia Knight Pullman who played his daughter Rudy.

Cosby's life and legacy are on the line when his accuser takes the stand in the only criminal case to emerge from the dozens of sexual assault allegations lodged against the actor. The former college basketball manager says Cosby drugged and assaulted her in 2004.

This is the only criminal case to emerge from the dozens of sexual assault allegations lodged against him. Cosby says he had a romantic relationship with her. She will tell her story in public for the first time when she testifies. Those involved in the case worry about duplicating the media frenzy that dominated O.J. Simpson's murder trial.

Cameras are banned in Pennsylvania courtrooms. The jury will be sequestered for the estimated two-week trial.
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