Opinions 2011/11/30 10:23
A Chinese court has upheld the drug trafficking conviction of a Filipino man and set his execution for next week despite appeals for clemency from the Philippine president, officials said Wednesday.
The 35-year-old man, who was not identified, was arrested in September 2008 at Guilin International Airport in southern China while trying to smuggle 3.3 pounds of heroin into Guangxi province from Malaysia, the Philippine Department of Foreign Affairs said.
Smuggling more than 50 grams of heroin or other drugs is punishable by death in China.
Philippine officials based in China were told Monday that the Supreme People's Court in Beijing had upheld a lower court's decision to impose the death penalty on the Filipino man and that a Dec. 8 execution date had been set, the department said.
The Philippine government provided all possible help to the condemned man and made "sustained and exhaustive representations with the Chinese government at all levels," including an appeal from President Benigno Aquino III to his Chinese counterpart, Hu Jintao, to try to have the death sentence commuted to life in prison, officials said.
Attorney News 2011/11/28 09:33
Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out.
Neither justice is budging — the right decision, according to many ethicists and legal experts.
None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama's health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.
The stakes are high in the court's election-year review of a law aimed at extending coverage to more than 30 million people. Both sides have engaged in broad legal and political maneuvering for the most favorable conditions surrounding the court's consideration of the case.
Taking away just one vote potentially could tip the outcome on the nine-justice court.
Republican lawmakers recently have stepped up their effort against Kagan, complaining that the Justice Department has not fully revealed Kagan's involvement in planning the response to challenges to the law. Kagan was Obama's solicitor general, the administration's top Supreme Court lawyer, until he nominated her to the high court last year.
Court Watch 2011/11/28 09:33
The Supreme Court has agreed to consider whether pharmaceutical sales representatives can bill their employers for overtime, a case that could affect the pay of tens of thousands of people.
The court said Monday that it will review a federal appeals court ruling that held the sales reps do not qualify for overtime under federal labor law. Other appeals courts have ruled differently and the pharmaceutical industry joined in the call for Supreme Court review.
The sales reps meet with physicians in the hope that doctors will prescribe one company's medicine over another's. Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day.
Lawyer Blog Post 2011/11/28 09:33
A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.
Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.
Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.
Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.
Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave.
Headline Legal News 2011/11/28 09:32
The Supreme Court will consider throwing out an $18 million penalty against Texas-based Southern Union Co. for illegally storing mercury at a rundown building in Rhode Island.
The justices said Monday they will hear the natural gas company's appeal of the criminal penalty that was imposed by a federal judge and upheld by an appeals court.
What makes the case unusual is that the company is challenging the size of the penalty under a line of Supreme Court cases concerning prison sentences.
Southern Union had used the building in Pawtucket to store outdated mercury-sealed gas regulators that it removed from customers' homes. The mercury was initially removed and shipped to a recycling center. But when that work stopped, the regulators and loose mercury were left to accumulate inside the building.
Court News 2011/11/21 09:29
A man accused of firing an assault rifle at the White House is expected to appear in court in Washington.
Oscar Ramiro Ortega-Hernandez is scheduled to appear in federal court Monday at 1:45 p.m.
Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.
President Barack Obama and first lady Michelle Obama were away, and no one was injured.