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Court grants appeals from 2 people without lawyers
Top Court Watch |
2012/09/29 16:15
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Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot — Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn't afford or didn't bother to hire an attorney.
One was written in pencil and submitted by an inmate at a federal prison in Pennsylvania. The other was filed by a man with no telephone living on Guam.
Neither case seems destined to join the ranks of Gideon v. Wainwright, the landmark 1960s case filed by a prisoner with no lawyer that established a criminal defendant's right to a lawyer. Both show, however, that when the court is looking to resolve finicky legal issues and the right case shows up, it doesn't matter whether the author of the appeal wears a natty suit or prison garb.
Longtime Supreme Court practitioner Tom Goldstein called the granting of two such lawyerless cases at the same time "unheard of." But both cases chosen by the justices will help resolve the ability of civilians to sue the government over claims of improper actions of federal and military employees on the job.
Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., sued the government after accusing prison guards at the Special Management Unit of sexually assaulting him in May 2010. Prison officials said Millbrook's claim was unsubstantiated. |
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N.Y. probing equity firms, including Bain
Top Court Watch |
2012/09/05 16:07
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New York's attorney general is investigating tax strategies of some of the nation's largest private equity firms, including Bain Capital, founded by Republican presidential nominee Mitt Romney, an official familiar with the probe said Sunday.
Attorney General Eric Schneiderman is examining whether the firms have abused a tax strategy to avoid paying hundreds of millions of dollars in taxes, said the official, who spoke on the condition of anonymity because of the sensitivity of the probe. The practice involves converting some fees collected for managing accounts into fund investments, resulting in a lower tax rate.
Some tax experts who spoke to The New York Times, which first reported the investigation Sunday, believed the strategy was potentially illegal, though other experts said it was commonplace and proper.
The Democratic attorney general sent subpoenas to more than a dozen firms, including Kohlberg Kravis Roberts & Company, TPG Capital, Sun Capital Partners, Apollo Global Management, Silver Lake Partners and Bain Capital, according to the official.
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Ohio man pleads not guilty to Pitt threat charges
Top Court Watch |
2012/08/31 12:02
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An Ohio man charged with conspiracy for allegedly claiming to be part of the computer hacking group "Anonymous" and posting a YouTube threat to release confidential computer information belonging to the University of Pittsburgh pleaded not guilty on Tuesday.
Alexander Waterland, 24, of Loveland, Ohio, and his attorney declined comment after his 15-minute arraignment before U.S. Magistrate Judge Maureen Kelly.
A federal grand jury earlier this month indicted Waterland and Brett Hudson, 26, of Hillsboro, Ohio, on charges they posted the threats in April and May. Online court records don't list an attorney for Hudson, who is scheduled to be arraigned in Pittsburgh on Sept. 6. Hudson has previously told The Associated Press he won't comment on the charges.
Although Pitt officials later determined their computer information was never hacked, the threats claimed it was and the FBI determined that Waterland and/or Hudson had downloaded some personal information from students and faculty and emailed some of it to Pitt officials to "prove" the hacking had occurred.
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Man who killed wife, baby loses appeal in Mass.
Top Court Watch |
2012/08/17 11:14
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The highest court in Massachusetts rejected the appeal of a British man convicted of killing his wife and baby daughter in their rented home, saying in its decision released Tuesday that warrantless searches of the home were justified because those inside might have been in danger.
In arguing for a new trial, lawyers for Neil Entwistle said evidence obtained during the warrantless searches of the Hopkinton home while police were looking for the missing family should have been dismissed at trial.
They also argued he was denied a fair trial, claiming that "saturating and inflammatory" media coverage tainted the jury pool and the judge refused to question prospective jurors more deeply about how publicity may have biased them.
The court rejected the arguments, concluding that Entwistle "received a fair trial that was ably tried and judged."
Entwistle was convicted of the 2006 shootings of his wife, Rachel, and their daughter, 9-month-old Lillian. He is serving life in prison without the possibility of parole for their murders. |
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County's court records found in open recycling bin
Top Court Watch |
2012/08/04 17:05
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Court administrators in Madison County say they'll do a better job of disposing of public records after court documents turned up in an open recycling bin.
The Alton Telegraph reports that one of its reporters responding to a tip found hundreds of the court records plainly visible in the container outside the county's complex in Wood River.
The records showed names of victims, including minors, dates of birth, addresses, telephone numbers, detailed accounts of why an order of protection was needed and Social Security numbers.
Madison County Interim Circuit Clerk Judy Nelson says a hauler who waited a couple of weeks to cart off the documents won't be used again. Nelson says the records instead will be disposed of immediately. |
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