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OJ bid for new trial starting in Las Vegas court
Law & Court News | 2013/05/14 00:04
O.J. Simpson is back in a Las Vegas courtroom to ask for a new trial in the case that sent him to prison in 2008.

The former football hero and a new set of lawyers hope to convince a judge during a hearing that began Monday that trial lawyer Yale Galanter had conflicted interests and shouldn't have handled Simpson's armed case.

Simpson appeared in court wearing a blue jail uniform. His hair was short and grayer than it was during a previous court appearance in 2008.

He entered the courtroom in handcuffs, flanked by guards and nodded toward people he recognized in the second row.

Simpson is serving nine to 33 years in a Nevada prison. He's due to testify Wednesday.

Galanter is scheduled to testify Friday. He is declining comment before then.

Simpson says that Galanter knew ahead of time about his plan to retrieve what he thought were personal mementoes from two sports memorabilia dealers at a casino hotel room in September 2007.


Evidence challenged: Miss. court blocks execution
Top Court Watch | 2013/05/13 23:58
The Mississippi Supreme Court has indefinitely delayed Tuesday's scheduled execution of Willie Jerome Manning amid questions involving evidence in the case, intervening hours before he was set to die for the slayings of two college students.

Manning, who had challenged errors involving evidence analysis, was originally set to receive a lethal injection at 6 p.m. CDT at the state prison in Parchman. But with mere hours remaining, the high court blocked the execution until it rules further in the case.

Manning was convicted in 1994 in the shooting deaths of two Mississippi State University students, Jon Steckler and Tiffany Miller. Their bodies were found in a rural area in December 1992.

The FBI has said in recent days that there were errors in agents' testimony about ballistics tests and hair analysis in the case.

Manning's lawyers had argued in recent filings before the Mississippi Supreme Court that the execution should be blocked based on the U.S. Justice Department's disclosures about testimony that it says exceeded the limits of science.

The court ruled 8-1 on Tuesday for a stay. The court had previously split 5-4 in decisions in the case.


Doctor to plead guilty in CA prescription case
Law & Court News | 2013/04/12 15:57
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.


Court considers Calif. prison mental health care
Law & Court News | 2013/04/02 14:05
A federal judge in Sacramento is set to hear arguments Wednesday over Gov. Jerry Brown's push to regain state control of inmate mental health care after 18 years of federal oversight and billions of dollars spent to improve treatment.

Lawyers representing the state argue that California is now providing a constitutional level of care to its prison inmates, while attorneys for the inmates say more improvement is needed.

California has spent more than $1 billion in construction for mental health facilities and increased salaries to hire more and better mental health workers. It now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates, or about one specialist for every 19 patients.

"California has invested tremendous amounts of money, resources and effort to transform its prison mental health care system into one of the best in the country," the state said in one of its recent court filings.

Inmates' attorneys say the efforts so far are not enough and that more mental health facilities must be built and staffed. They also say more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons.

California's prison suicide rate was 24 per 100,000 inmates in 2012. That compares to 16 per 100,000 inmates in other state prisons and the historical average of nine suicides per 100,000 inmates in federal prisons.


NY top court OKs tax on online sellers like Amazon
Law Firm Blog News | 2013/03/30 22:55
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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