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Arizona court approves fifth execution this year
Law & Court News | 2012/06/13 16:06
The Arizona Supreme Court on Tuesday approved the execution of a death-row inmate who was spared from the death penalty last year after winning a last-minute delay from the nation's highest court.

Daniel Wayne Cook, 50, is now scheduled for execution on Aug. 8 at the state prison in Florence.

Cook was sentenced to death for killing a 26-year-old Guatemalan immigrant, Carlos Cruz-Ramos, and a 16-year-old boy, Kevin Swaney, in 1987, after police say he tortured and raped them for hours in his apartment in Lake Havasu City in far western Arizona.

Cook had been scheduled for execution on April 5 of last year, but the U.S. Supreme Court granted him a last-minute stay to consider whether he had ineffective counsel during his post-conviction proceedings. They since have turned him down.

Another death-row inmate, Samuel Villegas Lopez, is set to be executed in two weeks.

Lopez would become the fourth inmate executed in Arizona this year, while Cook would become the fifth. Two other inmates who are nearing the end of their appeals could bring the number of executions in the state this year to seven.


Court won't hear appeals from Bulger victim family
Law & Court News | 2012/05/14 13:49
The Supreme Court won't hear an appeal over whether the family of a man allegedly killed by former Boston mob boss and FBI informant James "Whitey" Bulger should get millions of dollars from the government.

The high court on Monday refused to hear an appeal from Edward Halloran's estate, which wants more than $2 million in damages from the FBI.

Bulger and another gang member are alleged to have shot Halloran on the waterfront in 1982. Bulger was an FBI informant at the time, and two judges ordered the FBI to pay damages to the families.

But the 1st U.S. Circuit Court of Appeals ruled the families did not file their claims within the statute of limitations.



British arms-to-Iran suspect faces Texas court
Law & Court News | 2012/02/27 10:25
A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.

Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.

The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.

Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail.


Court says police cannot be sued over warrant
Law & Court News | 2012/02/22 09:56
The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.

The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.

Police were looking for her foster son, Jerry Ray Bowen, who had recently shot at his ex-girlfriend with a black sawed-off shotgun. She told police that he may be at his foster mother's house, so Messerschmidt got a warrant to look for any weapons on the property and gang-related material, since Bowen was supposed to be a member of the Mona Park Crips and the Dodge Park Crips. The detective had his supervisors approve the warrant before submitting to the district attorney and a judge, who also approved the warrant.


BofA investor lawsuit wins class-action status
Law & Court News | 2012/02/08 09:43
Investors suing Bank of America Corp won class-action status for their lawsuit accusing the bank of fraudulently misleading them about the 2008 takeover of Merrill Lynch amp; Co and the size of Merrill's losses and bonus payouts.

U.S. District Judge P. Kevin Castel in Manhattan on Monday rejected the second-largest U.S. bank's argument that the investors could not prove they suffered losses by relying on materially misleading statements or omissions.

Among the other defendants who were also sued and opposed class certification were former Bank of America Chief Executive Kenneth Lewis, former Merrill Chief Executive John Thain, former Bank of America Chief Financial Officer Joe Price, and Bank of America's board of directors.

Lewis had won initial praise for saving Merrill from possible collapse when he agreed to buy it on September 15, 2008, the day Lehman Brothers Holdings Inc went bankrupt.

But investors later faulted the bank for not disclosing the scope of Merrill's soaring losses, which reached $15.84 billion in the fourth quarter of 2008, before December 2008 shareholder votes on the merger. They also objected to Merrill's having paid $3.6 billion of bonuses despite the losses.


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