Appeals court upholds convictions in Fort Dix plot

Headline Legal News 2011/12/28 10:33   Bookmark and Share
A federal appeals panel on Wednesday upheld the convictions and sentences of five Muslim men accused of planning to attack Fort Dix or other military bases, though it threw out a charge against one defendant.

The main issue was prosecutors' use of wiretaps obtained under the Foreign Intelligence Surveillance Act, a part of the Patriot Act aimed largely at gathering foreign intelligence.

The recordings were a major piece of a 2½-month trial for the five men, all Muslim immigrants who grew up in the New Jersey suburbs of Philadelphia.

The men — Mohamad Shnewer, Serdar Tatar, and brothers Dritan, Eljvir and Shain Duka — were arrested in May 2007. In 2008, a federal jury in Camden, N.J., convicted them of conspiring to kill U.S. military personnel at Fort Dix. All but Tatar are serving life terms.

Defense lawyers said it was unconstitutional to use the recordings in a domestic criminal case and that it may have been impossible to convict the men without the evidence.

But in a unanimous ruling written by Judge Marjorie O. Rendell, a three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals disagreed. The challenged search "was conducted in objectively reasonable reliance on a duly authorized statute," and therefore admissible at trial, Rendell wrote.

Another major issue came from an error that federal prosecutors acknowledged in January: Three of the men were convicted of attempted possession of firearms in furtherance of a crime, but the law in question does not have a provision that outlaws attempted possession.

top

Pomerantz Law Firm Has Filed a Class Action

Headline Legal News 2011/12/26 16:26   Bookmark and Share
Shareholders of Pain Therapeutics, Inc. are reminded of the securities class action lawsuit filed against PTIE and certain of its officers. The class action, filed in the United States District Court, Western District of Texas, is on behalf of a class consisting of all persons or entities who purchased PTIE securities during the period from February 3, 2011 through June 23, 2011.

If you are a shareholder who purchased PTIE securities during the Class Period, you have until January 31, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.

The Complaint alleges that, during the Class Period, PTIE made false and/or misleading statements and/or failed to disclose material facts about a new drug, REMOXY. Specifically, PTIE failed to disclose that REMOXY was not approvable by the U.S. Food and Drug Administration due to chemistry, manufacturing, and control deficiencies that caused inconsistent results during laboratory tests.

www.pomerantzlaw.com.
top

Pa.'s rhyming justice pens insurance fraud opinion

Headline Legal News 2011/12/22 10:44   Bookmark and Share
A state Supreme Court justice known for opinions written in rhyme has done it again, producing six pages of verse Thursday in the case of whether the maker of a forged check also had committed insurance fraud.

Justice J. Michael Eakin, writing for a 4-2 majority, concluded in six-line stanzas that a man's attempt to deposit a forged check appearing to be from State Farm didn't constitute insurance fraud.

"Sentenced on the other crimes, he surely won't go free, but we find he can't be guilty of this final felony," Eakin wrote. "Convictions for the forgery and theft are approbated -- the sentence for insurance fraud, however, is vacated. The case must be remanded for resentencing, we find, so the trial judge may impose the result he originally had in mind."

A dissenting three-page opinion by Justice Thomas G. Saylor didn't rhyme.

Eakin was first elected to the high court in 2001 after earning a reputation as the "rhyming judge" by issuing some opinions entirely in verse while sitting on an intermediate state appellate court in the late 1990s. Two former state Supreme Court justices, Stephen A. Zappala and the late Ralph J. Cappy, had expressed concern in the past that the practice could reflect poorly on the court.

top

Court schedules week of health care arguments

Headline Legal News 2011/12/19 11:24   Bookmark and Share
The Supreme Court announced Monday that it will use an unprecedented week's worth of argument time in late March to decide the constitutionality of President Barack Obama's historic health care overhaul before the 2012 presidential elections.

The high court scheduled arguments for March 26th, 27th and 28th over the Patient Protection and Affordable Care Act, which aims to provide health insurance to more than 30 million previously uninsured Americans. The arguments fill the entire court calendar that week with nothing but debate over Obama's signature domestic health care achievement.

With the March dates set, it means a final decision on the massive health care overhaul will likely come before Independence Day in the middle of Obama's re-election campaign. The new law has been vigorously opposed by all of Obama's prospective GOP opponents. Republicans have branded the law unconstitutional since before Obama signed it in a March 2010 ceremony.

In an extraordinary move, the justices are hearing more than five hours of arguments over the health care overhaul. In the modern era, the last time the court increased that time anywhere near this much was in 2003 for consideration of the McCain-Feingold campaign finance overhaul. That case consumed four hours of argument.

The Supreme Court will start the week of arguments that Monday with one hour on whether court action is premature because no one yet has paid a fine for not participating in the overhaul.

Federal law generally prohibits challenges to taxes until they are paid. The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled earlier this year that the penalty for not purchasing insurance will not be paid before federal income tax returns are due in April 2015, therefore it is too early for a court ruling.
top

Mass. court OKs release of Bishop inquest report

Headline Legal News 2011/12/13 10:43   Bookmark and Share
The highest court in Massachusetts has sided with The Boston Globe in a battle to release a report and transcript of an inquest into the 1986 shooting death of the brother of an Alabama professor accused of killing three colleagues in a 2010 shooting rampage.

The Supreme Judicial Court ruled Tuesday that the inquest materials can be released, but said Amy Bishop, her family, prosecutors and others can still argue to show "good cause" why the materials should remain sealed.

After Bishop was charged in Alabama, a Massachusetts judge conducted an inquest into her brother's death. A grand jury later indicted Bishop for murder.

The high court outlined new rules for the release of inquest materials, saying they should become public after prosecutors decide whether to bring criminal charges.
top

NYC lawyer: Boy a menace before shopping cart case

Headline Legal News 2011/12/07 09:18   Bookmark and Share
Officials say a 13-year-old had a history of troubling behavior before he helped push a shopping cart that fell on a woman from a fourth-floor walkway at a New York City mall.

A city lawyer told a judge Tuesday the boy tried to run schoolmates over on his bike, threw things in the lunchroom and hit his mother's cat.

The attorney says the boy joked around at a police precinct after his Oct. 30 arrest and expressed more concern about his sneakers than about the woman who was seriously hurt.

The boy's lawyer says the teen needs and wants counseling for his behavioral problems.

The boy was charged as a juvenile and pleaded guilty in Family Court last month to assault. His sentencing was postponed Tuesday until later this month.

top

◀ PREV : [1] : .. [37] : [38] : [39] : [40] : [41] : [42] : [43] : [44] : [45] : .. [80] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design