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Court filing: Marsh seeks OK to sell 26 grocery stores
Legal Blog News | 2017/06/14 23:37
A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million.

The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million.

Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood.

Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.


The Latest: Suspect in 36 fire deaths appears in court
Legal Blog News | 2017/06/09 13:00
A man who leased the Oakland warehouse where 36 people died in a massive fire appeared briefly in court on charges of involuntary manslaughter.

Derick Almena had been expected to enter a plea Thursday but his attorney asked to delay the arraignment.

A judge ordered the 47-year-old Almena to return June 15 when co-defendant Max Harris is expected to make his first appearance on the same charges.

Officials say the warehouse was illegally turned into living spaces and an unpermitted concert was held there on the night of the fire in December.

Almena's attorney Jeffrey Krasnoff said his client is being used as a scapegoat and plans to fight the charges. Harris doesn't have an attorney yet.





Alabama asks US Supreme Court to let execution proceed
Legal Blog News | 2017/06/06 08:57
Alabama’s attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts.

Attorney General Steve Marshall’s office asked the justices to let the state proceed with Thursday’s scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery.

The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam’s use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas.

“Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay,” lawyers with the attorney general’s office wrote in the motion

“If the stay is allowed to stand, Melson’s execution will be delayed many months, if not years. The State, the victims’ families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court’s stay,” attorneys for the state wrote.

Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state’s execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely.

A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson’s execution to avoid the “untenable” prejudging of the inmates’ cases.

Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson’s lawyers wrote in a Friday motion that Alabama “botched” a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes.

“Mr. Smith’s botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants’ use of potassium chloride is unconstitutional,” Melson’s attorneys wrote last week.



East Timor court drops premier's libel case against media
Legal Blog News | 2017/06/01 12:39
An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.

Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.

Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.

"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.

Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.

The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.

The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.

The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.

A former colony of Portugal, it was occupied by Indonesia for a quarter century until a U.N.-sponsored independence referendum in 1999 sparked violent reprisals by the Indonesian military that killed many and destroyed its economy.


Court: Russian hacker can be extradited to US or Russia
Legal Blog News | 2017/05/26 12:40
A Czech court ruled Tuesday that a Russian man who faces charges of hacking computers at American companies can be extradited either to the United States or Russia — and the suspect immediately appealed his possible extradition to the United States.

Czech authorities arrested Yevgeniy Nikulin in Prague on Oct. 5 in cooperation with the FBI after Interpol issued an international warrant. He is accused of hacking computers and stealing information from LinkedIn, Dropbox and other companies.

Moscow also wants him extradited on a separate charge of internet theft in 2009. Russian officials had previously said they were working to prevent his extradition to the U.S.

Judge Jaroslav Pytloun ruled Tuesday that the extradition requests from both countries meet all the necessary legal conditions.

The 29-year-old has denied wrongdoing.

"I'm innocent," Nikulin said through a translator at the hearing Tuesday. "I haven't done anything illegal. I have nothing to do with that."

Nikulin appealed his extradition to the United States. He has three days to decide if he will agree to being extradited to Russia.

Justice Minister Robert Pelikan will have the final say on where Nikulin goes after Prague's High Court decides on his appeal.

Nikulin's defense lawyers have rejected the U.S. charges, saying they are based on one FBI agent, and suggested the U.S. was seeking him for political reasons — to use him as a pawn in the investigation into alleged Russian hacking in the U.S. election.



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