Polygamous church dispute may head to Utah court

Court News 2011/05/02 09:06   Bookmark and Share
An internal tug-of-war over control of jailed polygamous sect leader Warren Jeffs' southern Utah-based church may force Utah courts to walk a constitutional tightrope that experts say could tread a little too close to separation of church and state.

The presidency of the 10,000-member Fundamentalist Church of Jesus Christ of Latter Day Saints has been in question since March 28, when church bishop William E. Jessop filed papers with the Utah Department of Commerce seeking to unseat Jeffs as president of the church corporation. Under state law, the move automatically put Jessop in power.

That set into motion a flurry of filings from Jeffs loyalists removing Jessop and claiming that some 4,000 church members have pledged their loyalty to their incarcerated leader.

Monday marks the deadline set by commerce officials for both parties to resolve the dispute or a legal showdown might be set in motion since, if no agreement is reached, the state says power will revert back to Jeffs.

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Jackson doctor due in court to seek trial delay

Court News 2011/05/02 09:06   Bookmark and Share
The doctor charged in Michael Jackson's death returns to court Monday to ask for a delay in his upcoming involuntary manslaughter trial.

The move comes two days before jury selection resumes, and one week before opening statements are scheduled to begin.

Dr. Conrad Murray had been seeking a speedy trial, but his attorneys asked for a delay late Friday to give them more time to prepare to rebut the opinions of newly-disclosed prosecution experts.

The Houston-based cardiologist is accused of giving Jackson a lethal dose of the anesthetic propofol in the bedroom of the singer's rented mansion in June 2009. Murray has pleaded not guilty.

Los Angeles Superior Court Judge Michael Pastor said Friday that he would consider the delay request, but would not necessarily grant it.
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More psych evaluation in castration killing case

Court News 2011/05/02 02:06   Bookmark and Share
A doctor will pay a second visit to a Portuguese model accused of castrating and killing a TV journalist in a Times Square hotel before his lawyer decides whether to pursue a psychiatric defense in the attack.

A psychiatrist visited Renato Seabra this month but needs a second evaluation of the 21-year-old model, defense attorney David Touger said Friday. Seabra was transferred two weeks ago from Bellevue Hospital to jail at Rikers Island, Touger said.

"He is medicated because he has a psychiatric illness. He is doing well under the circumstances that he is under," Touger said after a short pretrial hearing in state Supreme Court in Manhattan.

Seabra, a former contestant on a Portuguese talent-search show, has pleaded not guilty to murder in Carlos Castro's Jan. 7 death. Castro, a 65-year-old Portuguese TV personality and writer, was found dead, naked and bloodied in a room they were sharing.

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Decisions for Daniels as he weighs White House bid

Topics in Legal News 2011/04/28 09:30   Bookmark and Share
As Mitch Daniels, the Republican governor of Indiana who last year called for a "truce on the so-called social issues," approaches his deadline for deciding whether to run for president, state lawmakers have put on his desk a pair of showcase conservative ideas.

In the final days of the state's legislative session, lawmakers approved plans to create the nation's broadest private school voucher system and make Indiana the first state to cut off all government funding for Planned Parenthood.

Daniels has pushed the voucher program, but the Planned Parenthood measure could present a political predicament for him as he nears a decision on whether he will run for president.

The governor has said it's a decision he'll make after lawmakers adjourn for the year, but he told The Indianapolis Star Thursday that he would not have an announcement this weekend even though the legislative session ends Friday. Spokeswoman Jane Jankowski confirmed Daniels' comments to The Associated Press but said he was unavailable for comment.

The Indiana House approved both ideas Wednesday, sending them to Daniels to decide what to do next.

The Planned Parenthood measure is a significant victory for the anti-abortion movement and would cut the $3 million in federal money the state distributes to the Planned Parenthood organization for family planning and health programs. It also ban abortions after the 20th week of pregnancy unless there is a substantial threat to the woman's life or health and requires women seeking an abortion be told that life begins at conception and that doctors performing abortions have admitting privileges in a nearby hospital.

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$30M award in lawsuit against Neb. broker

Headline Legal News 2011/04/28 09:30   Bookmark and Share
A federal judge awarded $30 million Monday to more than 200 investors who claim they were defrauded by a pair of Nebraska City brokers.

The decision came in a class-action lawsuit filed in 2007 by former clients of Rebecca Engle and Brian Schuster in U.S. District Court in Omaha. It accuses them of improperly selling risky investments.

The $30 million judgment was against Schuster, a former Nebraska football player, and some of his investment firms. It does not include Engle.

J.L. Spray, an attorney for the investors, said Tuesday that he was pleased with the judge's decision but "it leaves the question of how much of this we'll be able to collect."

Schuster, who has since moved to Vermillion, S.D., is representing himself in court. A number listed for him rang unanswered Tuesday.

Spray said the case against Engle has been put on hold pending her bankruptcy case in Arizona.

Schuster, 37, is scheduled to stand trial next month in state court on eight counts of security fraud. Engle, 57, has pleaded guilty to two counts and awaits sentencing. Several lawsuits and arbitration claims have been filed against them.
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US Supreme Court imposes limits on class actions

Legal Business 2011/04/28 09:29   Bookmark and Share
The Supreme Court on Wednesday limited the ability of people to combine forces and fight corporations together when they want to dispute contracts for cell phones, cable television and other services, a move consumer advocates called a crushing blow.

In a 5-4 ideological split, the high court's conservatives said businesses can block their customers from using class actions. The court said the federal arbitration law trumps state laws that invalidate contracts banning class actions.

The decision came in a dispute between AT&T Mobility and a California couple who objected to being charged around $30 in sales tax for what they were told was a free cell phone.

Businesses commonly require arbitration clauses in consumer contracts to protect them from facing their customers in court. The Supreme Court's decision means that corporations now won't need to worry about consumers, shareholders or even employees banding together and fighting them using lawsuits or arbitration, consumer groups said.

"Now, whenever you sign a contract to get a cell phone, open a bank account or take a job, you may be giving up your right to hold companies accountable for fraud, discrimination or other illegal practices," said Deepak Gupta, a Public Citizen lawyer who argued the case.

Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, said the decision would hamper the rights of consumers to be protected by state laws.

"Class actions are an effective way to ensure consumer protection, but today's opinion by the Roberts court continued to move in a direction that undermines this access to justice for hard-working Americans," Leahy said.
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