Judges skeptical of detainee case against Rumsfeld

Legal Business 2011/01/15 22:57   Bookmark and Share

A panel of federal appeals court judges expressed doubts Thursday that former Defense Secretary Donald H. Rumsfeld and three former military officers can be sued for allegedly allowing torture in U.S. military prisons in Iraq and Afghanistan.

In courtroom arguments, two of the three judges were skeptical that Rumsfeld and three U.S. military officials could face damage claims for exercising command responsibility over subordinates accused of torturing prisoners. Nine prisoners have filed suit.

"You are turning two centuries of Supreme Court jurisprudence on its ear," David Sentelle, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, told an attorney for the detainees.

Sentelle and Judge Harry Edwards suggested that the defendants should be immune from the suit because it wasn't clear that the U.S. Constitution applied overseas when the detainees say they were tortured.

Rumsfeld and the officers shouldn't be allowed to escape accountability, Cecillia Wang, an American Civil Liberties Union attorney for the prsioners, told the judges.

There is no question that Rumsfeld knew that permitting torture violates the U.S. Constitution and he should have to answer the accusations in the lawsuit, said Wang.


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Judge orders Michael Jackson doctor to stand trial

Court Watch 2011/01/13 22:57   Bookmark and Share

Dr. Conrad Murray, the physician who was demonized by Michael Jackson's family and fans, was ordered Tuesday to stand trial for involuntary manslaughter after court testimony showed he administered a powerful anesthetic and other sedatives then left the pop star alone.

The ruling set the stage for what could be the final chapter in the Jackson saga — a high-profile trial that will examine all aspects of the star's death and try to finally place responsibility for his demise at the age of 50.

Witnesses at the six-day preliminary hearing filled a number of gaps in the story of Jackson's final hours, with accounts of his actions and the sad plight of two of his children watching briefly as their father lay dying.

Other witnesses recounted Murray's claim that he delayed calling 911 for perhaps more than an hour while he tried to revive the singer. A security guard indicated that Murray seemed to be rushing to hide evidence before paramedics arrived.

Superior Court Judge Michael Pastor said the hearing included sufficient evidence to support a possible finding of guilt at trial. Murray's defense attorney Ed Chernoff and prosecutors declined comment on the ruling.



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Brown seeks 5-year extension of California taxes

Topics in Legal News 2011/01/11 12:59   Bookmark and Share

Gov. Jerry Brown said Monday he will ask a deeply divided California electorate to decide what they want from state government and how much they are willing to pay for it, bringing the state's fiscal crisis home to every Californian.

In unveiling the first spending plan of his administration, the Democratic governor called for personal sacrifices from every citizen while deep cuts are made to programs that many hold dear, such as universities, community colleges and medical care for the poor.

He also intends to ask residents to extend for five years a series of temporary sales, income and vehicle license taxes or risk a "drastic breakdown" in state government.

"Here's the problem: We're very divided ... My job is to find some common core here that we can agree on," Brown said. "I'm just going to lay out the facts. Whatever they decide, obviously will be the will."

His budget projects the deficit at $25.4 billion over the next 18 months.

To close it, Brown called for $12.5 billion in spending cuts, including reductions in welfare, social services and higher education, as well as $12 billion in funding shifts and new revenue if voters agree to extend taxes.

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Court denies bail for imprisoned ex-Ill. Gov. Ryan

Topics in Legal News 2011/01/10 22:59   Bookmark and Share

A federal appeals court in Chicago has denied imprisoned former Illinois Gov. George Ryan's request to be freed on bail so he can spend more time with his terminally ill wife.

The court on Monday rejected the emergency motion filed by Ryan's attorneys last week after Lura Lynn Ryan was taken to intensive care suffering complications from chemotherapy.

Prison authorities did escort the 76-year-old to see his wife for two hours the same day she was admitted to the hospital. Prosecutors cited that clandestine visit as one reason judges shouldn't grant Ryan's release.

Former Gov. James Thompson, a Ryan attorney, says the defense now will ask Democratic President Barack Obama to commute Ryan's sentence from 6 1/2 years to the three years the Republican's already served for his 2006 corruption conviction.

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Judge strikes down NC ban on public profanity

Court News 2011/01/09 22:59   Bookmark and Share

A North Carolina judge has struck down a 98-year-old state ban on public profanity.

Superior Court Judge Allen Baddour dismissed a misdemeanor charge against Chapel Hill resident Samantha Elabanjo on Wednesday. She had been convicted in July of using the word "damn" during a confrontation with police officers.

Baddour ruled the law against indecent or profane language within earshot of two or more people on any public road in North Carolina was unconstitutionally vague.

The case started Feb. 15 when Elabanjo stepped into the road as a police cruiser drove by. The two officers asked her to get back on the sidewalk. She did, but said: "You need to clean up your damn, dirty car" while still in the road. She then called the officers a vulgar name and she was arrested.


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The Law Office of Eric Roper, P.A.

Legal Business 2010/12/26 14:38   Bookmark and Share

The Law Office of Eric Roper, P.A. is a litigation firm devoted to representing clients in the areas of criminal defense, military law, and maritime transportation.  As a former active duty Navy Judge Advocate, Eric Roper has 15 years experience in both prosecuting and defending criminal trials in Federal and military courts.  Mr. Roper presently holds the rank of Commander (O-5) in the Reserve Component of the Navy’s Judge Advocate General’s Corps.  The firm provides aggressive representation to anyone charged with a criminal offense in all Federal and military courts and in Florida state courts.  If you or someone you know has been charged with a crime or are under investigation, you need an experienced criminal defense attorney who will act now to protect your rights.   Call for a free, confidential consultation.

Mr. Roper also utilizes his years of experience as a trial attorney with the Bureau of Enforcement at the Federal Maritime Commission in representing Marine Terminal Operators (MTO), ports, non-vessel operating common carriers (NVOCCs), ocean common carriers, and ocean freight forwarders (OFFs).  Mr. Roper’s knowledge of the regulatory and legislative issues affecting the maritime transportation industry allows him to represent all manner of maritime businesses in antitrust and regulatory matters and in litigating disputes before courts and administrative agencies.  Whether you operate a terminal, provide logistics services in the maritime industry, or are seeking a license to perform such services, a lawyer with detailed knowledge of the regulatory environment and procedures is critical to the success of your business.

http://www.ericroperlaw.com


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