OJ Simpson appeal to Nevada court due in April

Press Release 2014/01/13 14:24   Bookmark and Share
O.J. Simpson's lawyers have been given until mid-April to file their written Nevada Supreme Court appeal for a new trial for the former football star in his Las Vegas armed robbery case, Simpson attorney Patricia Palm said this week.

A state high court order on Dec. 20 set a 120-day schedule for Simpson's claim that his fame stemming from his 1995 acquittal in Los Angeles in the deaths of his ex-wife and her friend meant he couldn't get a fair trial in Las Vegas, and that his trial lawyer botched his case.

The order voided a Monday deadline for what would have been expedited high court review.

Palm said she and Simpson attorneys Ozzie Fumo and Tom Pitaro were encouraged that the seven-member Supreme Court agreed to accept a 30-page appeal.

The full seven-member court has not decided whether to hear oral arguments.

Simpson, 66, already lost an initial appeal to the state Supreme Court, the only appeals court in Nevada.

He's in the fifth year of a nine-to-33 years prison sentence after a jury found him guilty of kidnapping, armed robbery and other charges for leading a group of armed men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas casino hotel.

One co-defendant who stood trial and was convicted with Simpson and four former co-defendants who pleaded guilty to felonies before trial and testified against Simpson have served prison time and gone free. Simpson won't be eligible for parole until he is 70.

Clark County District Court Judge Linda Marie Bell held five days of hearings last May before ruling Nov. 26 that Simpson's trial attorney, Yale Galanter, made errors during Simpson's 2008 trial and his initial appeal to the state Supreme Court.
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Court order needed to stop Pa. center utilities

Press Release 2014/01/02 13:57   Bookmark and Share
A judge says a court order is needed to shut off lights and other utilities at Pittsburgh's struggling August Wilson Center for African American Culture.

Allegheny County Judge Lawrence O'Toole on Monday approved an order sought by the center's court-appointed conservator to keep the downtown facility running.

The ruling covers water and electricity as well as sewage treatment, telephone and Internet services.

An attorney for Duquesne Light said the center owes the electric company $38,000 and is running bills of $10,000 a month.

The center, which opened in 2009, is named after late Pulitzer prize-winning playwright August Wilson, who was born in Pittsburgh.

Dollar Bank began foreclosure proceedings in September after the center defaulted on its $7 million mortgage.
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Serial rapist Coe appeals confinement in US court

Press Release 2014/01/02 13:56   Bookmark and Share
Kevin Coe, who was arrested in 1981 after dozens of women were raped in Spokane, is appealing his confinement as a sexually violent predator to federal court.

Coe was suspected in the rapes, attributed to the "South Hill Rapist," but only one conviction stood against him. He served 25 years in prison, and was confined at the state's Special Commitment Center on McNeil Island in 2008, following a monthlong civil trial.

Coe argues that the jurors at his civil trial should not have been asked to determine that he suffered from a "personality disorder" without having that term defined for them. He also says the jury should not have heard evidence of the other cases linked to the South Hill rapist because he was never convicted of them and because he was not allowed to challenge some of the victims through cross-examination.

The state Supreme Court rejected those arguments in 2012.

On Monday, a federal magistrate judge recommended that Coe's request to proceed as an indigent plaintiff be rejected. The judge found that Coe can afford to pay the fee required to file the case.
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Minnesota Supreme Court Agrees To Hear Assisted Suicide Case

Press Release 2013/12/30 14:10   Bookmark and Share
The Minnesota Supreme Court will consider the case of a national right-to-die group accused of playing a role in the 2007 suicide of an Apple Valley woman.

The high court agreed to hear Dakota County prosecutors' appeal of a Minnesota Court of Appeals ruling in September that a state law prohibiting advising or encouraging suicide was unconstitutional on free speech grounds, the Star Tribune reported Friday (http://strib.mn/JhC7zY ). The Appeals Court, however, sent charges of aiding and abetting suicide against the Florida-based group Final Exit Network and two members back to a district court for trial.

The Supreme Court also agreed in an order dated Dec. 17 to hear the cross-appeal of Final Exit Network, which says all of the charges are unconstitutional. The high court did not set a date for oral arguments.

The high court also stayed all proceedings in the Final Exit case pending its ruling in the separate case of William Melchert-Dinkel, of Faribault, an ex-nurse who was convicted in 2011 of "advising and encouraging" the suicides of a man in England and a teenager in Canada. The Court of Appeals upheld his conviction last year. The Supreme Court heard oral arguments in May.

Robert Rivas, an attorney for Final Exit, said the group believes the Appeals Court decision was correct.
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Man pleads not guilty in rape, death of Ohio girl

Press Release 2013/12/30 14:09   Bookmark and Share
An Ohio man pleaded not guilty Thursday in the rape and strangulation of a 9-year-old girl whose body was found in a trash bin at the trailer park where they were neighbors.

One of Jerrod Metsker's court-appointed attorneys entered the pleas for him in Wayne County court. Metsker, wearing a red jail outfit with his wrists handcuffed, appeared via video and did not speak during the brief hearing.

A grand jury had indicted the 24-year-old Metsker on charges of aggravated murder, kidnapping and rape. He is being held on $1 million bond. Authorities previously said the death penalty would be available as punishment if Metsker is convicted of murder.

Metsker was the last person seen with 9-year-old Reann Murphy at their trailer park in Smithville, southwest of Akron, authorities said. A caller identifying himself as Metsker reported Reann missing in a 911 call.

Her body was found Dec. 15 after a frantic search by neighbors and law enforcement. Metsker was arrested later that day. The prosecutor said she was likely killed at Metsker's mobile home between 5:30 p.m. and 7:30 p.m. on Dec. 14.
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Va. court: Hookah lounge exempt from smoking ban

Press Release 2013/12/20 10:46   Bookmark and Share
A divided Virginia Court of Appeals has ruled that a Blacksburg hookah lounge is exempt from the state's restaurant smoking ban.

In a 6-3 ruling Tuesday, the court said the She-Sha Cafe and Hookah Lounge is not subject to the ban because it's a retail tobacco store as well as a restaurant. She-Sha says most of its revenue comes from customers' use of hookahs - tall water pipes that are used to smoke flavored tobacco.

The state law regulating indoor public smoking covers restaurants but specifically exempts tobacco retailers. The court's majority cited that exemption in ruling in She-Sha's favor.

The decision reverses a three-judge panel's ruling that She-Sha is covered by the ban because it also serves food.
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