Court refuses to reconsider Spector's appeal

Court News 2011/05/30 13:38   Bookmark and Share
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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RIM Says Investor Suit Is 'Without Merit'

Headline Legal News 2011/05/30 13:32   Bookmark and Share
Research In Motion Ltd., maker of the BlackBerry smartphone, said Friday that allegations that the company misled investors about its financial state are "without merit."

Lawyers for shareholders of the company filed a lawsuit this week in the U.S. District Court for the Southern District of New York, seeking class action status. The suit claims that between Dec. 16, 2010 and April 28 RIM executives made false and misleading statements about the company's financial condition and business prospects. The suit, which was filed by Mary T. Stabile on behalf of anyone who bought the stock during that time frame, names RIM itself, Chief Financial Officer Brian Bidulka, and co-CEOs Jim Balsillie and Michael Lazaridis as defendants.

The suit is the latest in a string of negatives for RIM. The company's BlackBerry smartphones are known for their security and reliability as email devices, but haven't kept up with Apple Inc.'s iPhones or phones that use Google Inc.'s Android software when it comes to running third-party applications. In addition to its sales struggles, the company released its first tablet, the BlackBerry PlayBook, to mixed reviews in April and had to recall about 1,000 of the devices in May due to defective operating software that could have made it impossible for users to set up the device. Most of the gadgets were recalled before being purchased by consumers.

The suit alleges that RIM "failed to inform investors that its aging product line and inability to introduce new products to the market was negatively impacting the company's business and margins." It also argues that RIM knew that BlackBerry shipments would decline and inventory would rise because of problems such as product delays and "lackluster" launches.

RIM's stock dropped 11 percent on March 25 after the company issued a lower-than-expected forecast for its fiscal first quarter. And On April 28 the stock dropped 14 percent when RIM slashed that quarterly forecast, saying it had been selling fewer and cheaper smartphones than it anticipated. Between Dec. 16 and April 29, the stock fell 17.8 percent overall.

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