Law Tips And Info » Court Watch http://www.lawtipsandinfo.com Mon, 06 Feb 2012 22:25:27 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Judge rules against explorers in treasure dispute http://www.lawtipsandinfo.com/judge-rules-against-explorers-in-treasure-dispute/ http://www.lawtipsandinfo.com/judge-rules-against-explorers-in-treasure-dispute/#comments Wed, 01 Feb 2012 13:26:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8933
Florida-based Odyssey Marine Exploration Inc., which found the treasure off the Portuguese coast in 2007, had requested a stay after a federal court in Atlanta ruled last year the explorers must give the treasure back to the Spanish government.

In an order Tuesday, a U.S. circuit court judge denied the company's motion for a stay.

In court documents, the exploration firm said it wanted to stay the proceedings until the U.S. Supreme Court could consider the case.

Odyssey had said in court filings that such a denial might mean Spain will keep the treasure forever. Spain's position is that it is not subject to the jurisdiction of the U.S. courts, Odyssey said.

]]> By Breaking Legal News, Breaking Legal News.

A federal judge has ruled against a deep-sea exploration company in a dispute with Spain over 17 tons of silver coins recovered from a sunken 19th century Spanish galleon.

Florida-based Odyssey Marine Exploration Inc., which found the treasure off the Portuguese coast in 2007, had requested a stay after a federal court in Atlanta ruled last year the explorers must give the treasure back to the Spanish government.

In an order Tuesday, a U.S. circuit court judge denied the company's motion for a stay.

In court documents, the exploration firm said it wanted to stay the proceedings until the U.S. Supreme Court could consider the case.

Odyssey had said in court filings that such a denial might mean Spain will keep the treasure forever. Spain's position is that it is not subject to the jurisdiction of the U.S. courts, Odyssey said.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/judge-rules-against-explorers-in-treasure-dispute/feed/ 0 Iowa mom pleads not guilty in newborn twins’ death http://www.lawtipsandinfo.com/iowa-mom-pleads-not-guilty-in-newborn-twins-death/ http://www.lawtipsandinfo.com/iowa-mom-pleads-not-guilty-in-newborn-twins-death/#comments Mon, 30 Jan 2012 21:02:14 +0000 Breaking Legal News http://www.breakinglegalnews.com/8924
Jackie Burkle is charged with two counts of first-degree murder. She is being held on $1 million bond.

Her attorney entered a written plea of not guilty on her behalf Monday morning in Story County District Court in Nevada.

Police found the infants' bodies in the trunk of Burkle's car on Jan. 7 after receiving a call to check on her.

Court records show Burkle appeared pregnant at work at a Huxley convenience store Jan. 5. She no longer looked pregnant two days later, prompting a co-worker to call police.

Police have not released a cause of death or why Burkle gave birth at home.

]]> By Breaking Legal News, Breaking Legal News.

A Huxley woman accused of killing her newborn twin daughters and hiding their bodies in the trunk of her car has pleaded not guilty.

Jackie Burkle is charged with two counts of first-degree murder. She is being held on $1 million bond.

Her attorney entered a written plea of not guilty on her behalf Monday morning in Story County District Court in Nevada.

Police found the infants' bodies in the trunk of Burkle's car on Jan. 7 after receiving a call to check on her.

Court records show Burkle appeared pregnant at work at a Huxley convenience store Jan. 5. She no longer looked pregnant two days later, prompting a co-worker to call police.

Police have not released a cause of death or why Burkle gave birth at home.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/iowa-mom-pleads-not-guilty-in-newborn-twins-death/feed/ 0 Court denies new trial in Wis. mill worker death http://www.lawtipsandinfo.com/court-denies-new-trial-in-wis-mill-worker-death/ http://www.lawtipsandinfo.com/court-denies-new-trial-in-wis-mill-worker-death/#comments Fri, 27 Jan 2012 12:02:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8916
Rey Moore, 65, was one of six men convicted of killing their co-worker Tom Monfils. His body was found in a pulp vat at the then-James River Corp. plant in Green Bay with a weight tied around his neck.

Moore's attorney, Byron Lichstein, of the Wisconsin Innocence Project, argued that the conviction should be overturned because of questionable testimony by prison inmate James Gilliam.

He had testified in 1995 that Moore told him he participated in a group beating of Monfils at the mill. But Gilliam later recanted and said Moore told him he actually tried to prevent the beating.

That change in Gilliam's testimony was not allowed at the trial. Lichstein argued that Moore deserved a new trial because that testimony would exonerate him.

]]> By Breaking Legal News, Breaking Legal News.

A Wisconsin appeals court on Thursday denied the request for a new trial made by a man convicted in the grisly 1992 killing of a Green Bay paper mill worker.

Rey Moore, 65, was one of six men convicted of killing their co-worker Tom Monfils. His body was found in a pulp vat at the then-James River Corp. plant in Green Bay with a weight tied around his neck.

Moore's attorney, Byron Lichstein, of the Wisconsin Innocence Project, argued that the conviction should be overturned because of questionable testimony by prison inmate James Gilliam.

He had testified in 1995 that Moore told him he participated in a group beating of Monfils at the mill. But Gilliam later recanted and said Moore told him he actually tried to prevent the beating.

That change in Gilliam's testimony was not allowed at the trial. Lichstein argued that Moore deserved a new trial because that testimony would exonerate him.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/court-denies-new-trial-in-wis-mill-worker-death/feed/ 0 Defamation suit filed against pen-named Utah mayor http://www.lawtipsandinfo.com/defamation-suit-filed-against-pen-named-utah-mayor/ http://www.lawtipsandinfo.com/defamation-suit-filed-against-pen-named-utah-mayor/#comments Thu, 26 Jan 2012 18:54:05 +0000 Breaking Legal News http://www.breakinglegalnews.com/8912
In court papers, Chris Hogan alleges an article by West Valley City Mayor Mike Winder falsely claimed he was accused of extortion and fired from UTOPIA, a fiber-optic network formed by 16 Utah cities.

The lawsuit filed Wednesday in U.S. District Court in Salt Lake City seeks a trial, compensation for lost wages and punitive damages.

Among the lawsuit's 14 defendants is Deseret Digital Media, which published Winder's stories under the alias Richard Burwash.

The company's CEO Clark Gilbert has said company officials "deeply regret" the mayor misrepresented himself.

Winder promoted his city and even quoted himself in stories he wrote.

Winder said on Thursday he disputes Hogan's claims and will defend the lawsuit.]]> By Breaking Legal News, Breaking Legal News.

A Utah mayor who wrote news stories under a false identify is being sued for defamation.

In court papers, Chris Hogan alleges an article by West Valley City Mayor Mike Winder falsely claimed he was accused of extortion and fired from UTOPIA, a fiber-optic network formed by 16 Utah cities.

The lawsuit filed Wednesday in U.S. District Court in Salt Lake City seeks a trial, compensation for lost wages and punitive damages.

Among the lawsuit's 14 defendants is Deseret Digital Media, which published Winder's stories under the alias Richard Burwash.

The company's CEO Clark Gilbert has said company officials "deeply regret" the mayor misrepresented himself.

Winder promoted his city and even quoted himself in stories he wrote.

Winder said on Thursday he disputes Hogan's claims and will defend the lawsuit.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/defamation-suit-filed-against-pen-named-utah-mayor/feed/ 0 More charges filed in Los Angeles arsons case http://www.lawtipsandinfo.com/more-charges-filed-in-los-angeles-arsons-case/ http://www.lawtipsandinfo.com/more-charges-filed-in-los-angeles-arsons-case/#comments Wed, 25 Jan 2012 16:19:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8907
Deputy Public Defender Gustavo Sztraicher entered the plea in Superior Court on behalf of Harry Burkhart, who spoke only to identify himself and acknowledge that he understood the legal process.

Bail was set at $7.5 million, and Burkhart was scheduled to return to court March 1.

Outside court, Sztraicher had no comment.

Earlier in the day, the criminal complaint against Burkhart was amended to include a total of 100 arson-related counts involving 49 fires in Hollywood, West Hollywood and the San Fernando Valley. If convicted, the 24-year-old faces more than 80 years in state prison.

The rash of fires left residents on edge between Dec. 30 and Jan. 2 as parked cars were torched during the night. Some of the fires spread to carports and nearby buildings, including a former home of Doors singer Jim Morrison, and rousted people from their beds. Another one of the blazes was at the Hollywood and Highland entertainment complex, a popular tourist destination bordered by the Walk of Fame.

]]> By Breaking Legal News, Breaking Legal News.

A German man pleaded not guilty Tuesday to additional charges accusing him of setting nearly 50 fires, mostly to parked cars, which terrorized parts of Los Angeles over the New Year's weekend.

Deputy Public Defender Gustavo Sztraicher entered the plea in Superior Court on behalf of Harry Burkhart, who spoke only to identify himself and acknowledge that he understood the legal process.

Bail was set at $7.5 million, and Burkhart was scheduled to return to court March 1.

Outside court, Sztraicher had no comment.

Earlier in the day, the criminal complaint against Burkhart was amended to include a total of 100 arson-related counts involving 49 fires in Hollywood, West Hollywood and the San Fernando Valley. If convicted, the 24-year-old faces more than 80 years in state prison.

The rash of fires left residents on edge between Dec. 30 and Jan. 2 as parked cars were torched during the night. Some of the fires spread to carports and nearby buildings, including a former home of Doors singer Jim Morrison, and rousted people from their beds. Another one of the blazes was at the Hollywood and Highland entertainment complex, a popular tourist destination bordered by the Walk of Fame.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/more-charges-filed-in-los-angeles-arsons-case/feed/ 0 Court upholds murder conviction in toddler’s death http://www.lawtipsandinfo.com/court-upholds-murder-conviction-in-toddlers-death/ http://www.lawtipsandinfo.com/court-upholds-murder-conviction-in-toddlers-death/#comments Tue, 24 Jan 2012 15:15:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8903
The Georgia Supreme Court's decision on Monday involved the December 2008 death of Makayla Mack, who was 2 ½ when she was taken to the hospital.

An autopsy revealed she had hair loss, bruises and other signs of abuse, and Coweta County prosecutors charged Thomasina Mack and DeMario Steven Smith with her death.

The two were tried jointly in April 2010 and the jury found them guilty of murder and cruelty to children, sentencing them both to life in prison. Both appealed, but the Georgia Supreme Court's opinion found the evidence was sufficient to find them "guilty beyond a reasonable doubt."]]> By Breaking Legal News, Breaking Legal News.

Georgia's top court has unanimously upheld the murder convictions and life prison sentences given to a metro Atlanta couple for strangling and beating to death the woman's young daughter.

The Georgia Supreme Court's decision on Monday involved the December 2008 death of Makayla Mack, who was 2 ½ when she was taken to the hospital.

An autopsy revealed she had hair loss, bruises and other signs of abuse, and Coweta County prosecutors charged Thomasina Mack and DeMario Steven Smith with her death.

The two were tried jointly in April 2010 and the jury found them guilty of murder and cruelty to children, sentencing them both to life in prison. Both appealed, but the Georgia Supreme Court's opinion found the evidence was sufficient to find them "guilty beyond a reasonable doubt."

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/court-upholds-murder-conviction-in-toddlers-death/feed/ 0 Judge rules against NYC court protest organizers http://www.lawtipsandinfo.com/judge-rules-against-nyc-court-protest-organizers/ http://www.lawtipsandinfo.com/judge-rules-against-nyc-court-protest-organizers/#comments Fri, 20 Jan 2012 15:05:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8895
Judge Lewis Kaplan said Thursday he wouldn't order the federal government to let an Occupy the Courts demonstration occur outside the lower Manhattan courthouse. He says the space isn't a public forum and the government acted reasonably in denying a permit.

A government lawyer says the courthouse poses unique security concerns in part because of terrorism fears.

Protest organizers had asked the judge to overturn the General Services Administration's rejection of their permit application. Their lawsuit said their First Amendment rights were violated.

The nationwide protest marks the second anniversary of a U.S. Supreme Court ruling against limits on spending by independent organizations.]]> By Breaking Legal News, Breaking Legal News.

A judge has ruled demonstrators don't have a First Amendment right to protest Friday afternoon in front of a New York City federal courthouse that has hosted several major terrorism trials.

Judge Lewis Kaplan said Thursday he wouldn't order the federal government to let an Occupy the Courts demonstration occur outside the lower Manhattan courthouse. He says the space isn't a public forum and the government acted reasonably in denying a permit.

A government lawyer says the courthouse poses unique security concerns in part because of terrorism fears.

Protest organizers had asked the judge to overturn the General Services Administration's rejection of their permit application. Their lawsuit said their First Amendment rights were violated.

The nationwide protest marks the second anniversary of a U.S. Supreme Court ruling against limits on spending by independent organizations.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/judge-rules-against-nyc-court-protest-organizers/feed/ 0 Pacman Jones pleads guilty to disorderly conduct http://www.lawtipsandinfo.com/pacman-jones-pleads-guilty-to-disorderly-conduct/ http://www.lawtipsandinfo.com/pacman-jones-pleads-guilty-to-disorderly-conduct/#comments Wed, 18 Jan 2012 13:00:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8888 Cincinnati Bengals cornerback Adam "Pacman" Jones pleaded guilty Wednesday to a misdemeanor charge of disorderly conduct.

Jones entered the plea in Hamilton County Municipal Court just as his non-jury trial was scheduled to begin. A second misdemeanor charge of resisting arrest was dismissed in a plea agreement with prosecutors.

Judge Brad Greenberg ordered Jones to serve a year of probation, complete 50 hours of community service and pay a $250 fine plus court costs. Jones could have received a maximum jail sentence of 30 days.

Jones, 28, was accused in court documents of being disorderly, shouting profanities and trying to pull away as officers arrested him at a downtown bar in July.

At the time, Jones was on probation in Las Vegas in connection with a 2007 no contest plea to a strip club melee that left three people wounded. He was ordered in November to perform an additional 75 hours of community service for violating that probation with the Cincinnati arrest.]]> By Breaking Legal News, Breaking Legal News.


Cincinnati Bengals cornerback Adam "Pacman" Jones pleaded guilty Wednesday to a misdemeanor charge of disorderly conduct.

Jones entered the plea in Hamilton County Municipal Court just as his non-jury trial was scheduled to begin. A second misdemeanor charge of resisting arrest was dismissed in a plea agreement with prosecutors.

Judge Brad Greenberg ordered Jones to serve a year of probation, complete 50 hours of community service and pay a $250 fine plus court costs. Jones could have received a maximum jail sentence of 30 days.

Jones, 28, was accused in court documents of being disorderly, shouting profanities and trying to pull away as officers arrested him at a downtown bar in July.

At the time, Jones was on probation in Las Vegas in connection with a 2007 no contest plea to a strip club melee that left three people wounded. He was ordered in November to perform an additional 75 hours of community service for violating that probation with the Cincinnati arrest.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/pacman-jones-pleads-guilty-to-disorderly-conduct/feed/ 0 Court rejects appeals in student speech cases http://www.lawtipsandinfo.com/court-rejects-appeals-in-student-speech-cases/ http://www.lawtipsandinfo.com/court-rejects-appeals-in-student-speech-cases/#comments Tue, 17 Jan 2012 19:05:00 +0000 Breaking Legal News http://www.breakinglegalnews.com/8885
The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.

The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.

In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.

Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject.]]> By Breaking Legal News, Breaking Legal News.

The U.S. Supreme Court has passed up a pair of cases for the online age — whether schools may censor students who are at home when they create online attacks against school officials and other students.

The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.

The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.

In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.

Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

]]> http://www.lawtipsandinfo.com/court-rejects-appeals-in-student-speech-cases/feed/ 0 Court upholds firing of deputy who claimed racism http://www.lawtipsandinfo.com/court-upholds-firing-of-deputy-who-claimed-racism/ http://www.lawtipsandinfo.com/court-upholds-firing-of-deputy-who-claimed-racism/#comments Mon, 16 Jan 2012 17:26:09 +0000 Breaking Legal News http://www.breakinglegalnews.com/8882
The Seventh Circuit Court of Appeals ruled Friday that Warrick County Sheriff's Deputy Kevin Harris' 2007 firing for insubordination was legal. Harris was let go during a standard one-year probationary period.

Harris claimed white officers on probation received better treatment despite their performance problems. Harris also claimed other deputies gave him racially tinged nicknames modeled after African-American TV characters, according to court documents.

A federal judge in Indianapolis, however, ruled there wasn't enough evidence to show discrimination, and the appeals court agreed.

]]> By Breaking Legal News, Breaking Legal News.

A federal appeals court has upheld the firing of an Indiana sheriff's deputy who accused the department of racism in part because detectives watched excerpts from the movie "Blazing Saddles" in his presence.

The Seventh Circuit Court of Appeals ruled Friday that Warrick County Sheriff's Deputy Kevin Harris' 2007 firing for insubordination was legal. Harris was let go during a standard one-year probationary period.

Harris claimed white officers on probation received better treatment despite their performance problems. Harris also claimed other deputies gave him racially tinged nicknames modeled after African-American TV characters, according to court documents.

A federal judge in Indianapolis, however, ruled there wasn't enough evidence to show discrimination, and the appeals court agreed.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

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