Ky appeals court upholds murder conviction

Court News 2013/05/09 23:33   Bookmark and Share
The Kentucky Court of Appeals has upheld the conviction of a former death row inmate in a 1998 slaying in Lexington.

The appeals court on Friday found that 40-year-old Gerald Young failed to prove his allegation that prosecutors put on false testimony at his trial.

Young is serving life in prison for complicity to commit murder in June 1997. Young was originally sentenced to death for hiring a hit-man to kill Osama Shalash in Lexington as part of a drug dispute.

The Kentucky Supreme Court in 2001 overturned the death sentence, finding no aggravating circumstances to warrant capital punishment. Young is currently challenging his resentencing. Two other men were also sentenced to prison in the slaying.
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Doctor to plead guilty in CA prescription case

Court News 2013/04/12 15:30   Bookmark and Share
A Southern California doctor has agreed to plead guilty to charges of illegally prescribing drugs to his patients at nightly meetings in Starbucks stores.

Court documents show 44-year-old Alvin Mingczech Yee entered into a plea agreement earlier this week. He is expected to plead guilty to seven counts at a April 17 hearing.

Prosecutors say Yee saw up to a dozen patients nightly at Starbucks coffee stores across suburban Orange County at meetings that cost up to $600. Prosecutors say Yee barely examined them but prescribed drugs including OxyContin and Vicodin.

Yee was arrested in October 2011 at his Irvine office and has been free on bond.
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NY top court OKs tax on online sellers like Amazon

Court News 2013/03/27 22:50   Bookmark and Share
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.
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Pakistan court summons anti-corruption boss

Court News 2013/02/01 14:47   Bookmark and Share
Pakistan's top court has summoned the government's anti-corruption chief over a letter he wrote criticizing the tribunal's judges.

Chief Justice Iftikhar Chaudhry on Thursday issued a court order for the anti-corruption chief, Fasih Bokhari, to appear before the tribunal on February 4.

Bokhari has been ordered to explain a letter he wrote earlier this week to President Asif Ali Zardari, accusing Supreme Court judges of trying to influence upcoming parliamentary elections.

Chaudhry says the letter amounted to interference in court matters and was an effort to incite against the judiciary.

The development is an indication Bokhari could be charged with contempt of court.

Bokhari's clash with the judiciary stems from his refusal in mid-January to arrest the prime minister over a corruption case involving kickbacks allegedly taken by the premier.
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Convicted financier says he can't afford a lawyer

Court News 2012/12/19 23:56   Bookmark and Share
An Indiana financier and former chief executive of National Lampoon who was convicted of swindling investors out of about $200 million says he can't afford to hire an attorney to handle his appeal.

In federal court documents filed Monday, Timothy Durham said his multimillion-dollar Indianapolis home is in foreclosure and all of his financial assets are tied up bankruptcy proceedings of the companies he used to control.

Durham's home in Fortville, Ind., about 20 miles northeast of Indianapolis, has a $5 million mortgage but a free-market value of only $3 million, according to the documents.

Durham says his only income this year was $6,000 he received as a director of Dallas-based insurer CLST Holdings Inc. He also has stock in CLST and National Lampoon, the documents say.

Durham was sentenced to 50 years in prison last month on securities fraud and other convictions in the collapse of Akron, Ohio-based Fair Finance. He also was ordered to pay $202.8 million in restitution. Durham received credit for $6 million that already has been recovered.

Durham and two business partners were charged with stripping Fair Finance of its assets and using the money to buy mansions, classic cars and other luxury items and to keep another Durham company afloat. The men were convicted of operating an elaborate Ponzi scheme to hide the company's depleted condition from regulators and investors, many of whom were elderly.

Defense lawyers argued that Durham and the others were caught off-guard by the economic crisis of 2008, and bewildered when regulators placed them under more strict scrutiny and investors made a run on the company.
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High court uphold WV congressional districts

Court News 2012/09/27 11:07   Bookmark and Share
The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.

The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.

The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.

"It is clear that West Virginia has carried its burden," the high court said.

The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.

The lower court still can consider challenges to the plan under the state Constitution.

Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.

The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another.
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