Court mulls trial in absentia for Hariri case

Headline Legal News 2011/10/15 10:01   Bookmark and Share
A panel of judges at a U.N.-backed court investigating the 2005 assassination of former Lebanese Prime Minister Rafik Hariri will consider whether to stage a trial in absentia for four Hezbollah members accused in the slaying.

The suspects were indicted earlier this year, but Hezbollah has refused to arrest them and send them for trial in the Special Tribunal for Lebanon's purpose-built courtroom.

The court said in a statement Monday that a pretrial judge preparing the case has asked trial judges "to determine whether proceedings in absentia should be initiated" against the four men.

Iranian-backed Shiite militia Hezbollah denies involvement in the Feb. 14, 2005, truck bombing that killed Hariri and 22 others, including the suicide bomber, in Beirut.
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FDIC backs ban on banks trading for own profit

Headline Legal News 2011/10/11 09:37   Bookmark and Share
Banks would be barred from trading for their own profit instead of their clients under a rule being proposed by federal regulators.

The Federal Deposit Insurance Corp. backed the draft rule on a 3-0 vote Tuesday. The ban on proprietary trading was required under last year's financial overhaul law.

For years, banks had bet on risky investments with their own money. But when those bets go bad and banks fail, taxpayers could be forced to bail them out. That's what happened during the 2008 financial crisis.

The Federal Reserve has also approved the draft of the so-called Volcker Rule, which was named after former Fed Chairman Paul Volcker.

The Securities and Exchange Commission and Treasury Department must still vote on it, and then the public has until January 13 to comment. The rule is expected to take effect next year after a final vote by all four regulators.

Congress and President Barack Obama had high hopes for the rule. But they left most of the details for regulators to sort out.

It's unclear how strictly the ban will be enforced. For example, it can be hard to tell whether an investment is intended to benefit a bank or its clients and whether federally insured deposits could be put at risk by these trades.
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Swiss sports court overturns Olympic doping rule

Headline Legal News 2011/10/06 09:31   Bookmark and Share
Olympic champion LaShawn Merritt was cleared to defend his 400-meter title in London next year after the American won his appeal Thursday against an IOC rule banning doping offenders from the games.

The Court of Arbitration for Sport annulled the International Olympic Committee rule that bars any athlete who has received a doping suspension of more than six months from competing in the next summer or winter games.

The three-man CAS panel said the rule, adopted in 2008, was "invalid and unenforceable" because it amounted to a second sanction and did not comply with the World Anti-Doping Agency code. It said the rule amounted to a "disciplinary sanction" rather than a matter of eligibility.

Merritt, the American 400-meter gold medalist in Beijing, had been ineligible under the IOC rule to compete in London even though he completed his doping ban this year after testing positive for a banned substance found in a male-enhancement product.

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Court refuses to hear Maryland gun case

Headline Legal News 2011/10/04 11:24   Bookmark and Share
The Supreme Court won't hear a Maryland man's argument that the Second Amendment allows him to carry a gun outside of his home for self-defense.

The high court on Monday refused to hear an appeal from Charles F. Williams Jr., who was arrested in 2007 for having his legally-purchased handgun outside his home without a state permit.

The high court has ruled there is a right to keep a gun in the home for protection. But gun advocates say people also have the constitutional right to carry their guns outside the house for self-protection.

Maryland courts say if the Supreme Court agrees with that theory "it will need to say so more plainly." The high court refused the opportunity on Monday.
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US soldier found not guilty in contractor death

Headline Legal News 2011/10/04 11:24   Bookmark and Share
A U.S. soldier has been found not guilty by reason of lack of mental responsibility in the killing of a Hungarian civilian contractor in Iraq, military officials said Saturday.

Pfc. Carl T. Stovall had pleaded not guilty in the March 2009 shooting of Hungarian laborer Tibor Bogdan near Camp Taji, just north of Baghdad. Bogdan was shot while digging a hole at the camp.

The shooting came less than a month into Stovall's third deployment to the Middle East.

He opted to be tried by a military judge at Fort Hood instead of a jury. Testimony was heard this past week.

In a statement Saturday, officials with the military post said the court ordered Stovall to receive a psychiatric/psychological evaluation before a post-trial hearing is conducted on Nov. 10. Stovall faced a maximum sentence of life without the possibility of parole.

Stovall had allegedly once told investigators he believed Bogdan, who worked for a contractor specializing in trash and waste removal, was a terrorist planting a roadside bomb. Prosecutors, however, said Stovall, now 28, has changed his story multiple times, allegedly denying any involvement in one version.
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High court appears to favor Ala. death row inmate

Headline Legal News 2011/10/04 11:24   Bookmark and Share
The Supreme Court appeared likely Tuesday to order a new court hearing for an Alabama death row inmate who lost the chance to appeal his death sentence because of a mailroom mix-up at a venerable New York law firm.

Both conservative and liberal justices indicated they would throw out a federal appeals court ruling that relied on the missed deadline to refuse to consider Cory Maples' claims that he received inadequate legal representation, dating back to his trial on charges he gunned down two friends in 1995.

Justice Samuel Alito, a former federal prosecutor, said he did not understand why Alabama fought so hard to deny Maples the right to appeal when the deadline passed "though no fault of his own."

Justice Antonin Scalia was the only member of the court who appeared to agree with the state's argument that Maples' protests are overblown because he was never left without a lawyer. The state also says the role of Maples' lawyers in missing the deadline is unfortunate but nothing the court should correct under its earlier rulings.

Gregory Garre, a former solicitor general who is representing Maples in the Supreme Court, said the earlier legal work for Maples was so bad that it violated the Constitution.

Whatever the shortcomings of Maples' trial lawyers, he appeared to "win the lottery" when two lawyers at Sullivan and Cromwell agreed to represent him for free in his appeals, Garre said. The New York-based firm has 800 lawyers and offices in a dozen cities.

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