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Court rejects appeal in slayings of six Wis. hunters
Criminal Law Updates | 2007/05/16 15:03

A Minnesota truck driver sentenced to life in prison for murdering six deer hunters in northern Wisconsin after a confrontation over trespassing was not a victim of a racially biased court system as he claimed, a state appeals court ruled Tuesday. The 3rd District Court of Appeals rejected Chai Soua Vang's request for a new "minority counsel" to represent him. "Our independent review of the record discloses no improper racial issues with regard to sentencing or otherwise for appeal," the three-judge panel said.

The appeals court upheld Vang's convictions for six counts of first-degree intentional homicide and three counts of attempted first-degree intentional homicide, agreeing with his attorneys that there was no merit to an appeal.

The fatal shootings occurred in November 2004 after a group of deer hunters in Sawyer County confronted Vang, 38, of St. Paul, Minn., over trespassing in a tree stand.

Vang, a Hmong immigrant and experienced hunter, testified during his trial that he shot the six white hunters and wounded two more in self-defense, claiming one of them fired a shot in his direction after they shouted racial epithets and cursed at him.

The two survivors testified that Vang had begun walking away from the confrontation when he turned and opened fire.

Prosecutors convinced a jury that Vang reacted in an angry outburst, feeling disrespected by the hunters, and then tried to kill everyone so there would be no eyewitnesses.

Vang, who came to the United States from Laos more than 20 years ago, was sentenced to six consecutive life terms plus 165 years in prison. He is being in kept in an undisclosed prison outside of Wisconsin, according to the state Department of Corrections.



US court examines 'enemy combatant' procedures
Court Feed News | 2007/05/16 15:01

A US appeals court examined Tuesday the procedures of a military panel that determines whether a Guantanamo prison camp detainee should be branded an "enemy combatant." The three federal court judges in Washington, reviewing the matter for the first time, sought to determine how they should proceed in examining the Combatant Status Review Tribunal. The same court ruled in February that, as foreigners held outside US territory, the detainees could not challenge their indefinite detention without charge at the US naval base in Guantanamo Bay, Cuba.

The US Supreme Court refused to review the decision of the US Court of Appeals for the DC Circuit.

A 2005 law, however, allows the detainees to ask the appeals court to check whether the Combatant Status Review Tribunal, created by the Defense Department in 2004, had followed procedures.

During the review tribunals, handcuffed detainees appear without an attorney before three military judges.

Only one person, called a recorder, has access to all elements of a case and presents the documents and witnesses that he or she deems pertinent for the review.

The detainee, meanwhile, can request under certain conditions documents and witnesses, but under such limitations most requests have been rejected.

The government argues that the appeals court can only have access to minutes of the review board hearings and documents presented to the panel.

But detainee attorneys want the court to be able to determine whether the recorder indeed presented all relevant documents for a case and if the military judges were right to reject certain witnesses or documents requested by the detainee.

President George W. Bush's administration has argued that unlawful enemy combatants captured in the "war on terror" do not have the same rights as US criminals or prisoners of war, arguing the detainees are not associated with conventional armies.



Iraqi Gov overwhelmed by additional detainees
Legal World News | 2007/05/16 12:57

Security plans implemented since February by the Multi-National Force - Iraq (MNF-I) have contributed to overcrowding in Iraqi prisons, the Washington Post reported Tuesday. A UN report released in April estimated 20,000 detainees were held in Iraq-run facilities during the month of March, indicating an increase of over 3,500 detainees from the end of January.

Estimates of the number of detainees held in Iraqi-operated facilities are difficult to verify because various ministries operate multiple facilities with little coordination. Deputy Justice Minister Pusho Ibrahim Ali Daza Yei told the Washington Post that the Justice Ministry, which operates prisons for convicted criminals, have provided detention space for untried detainees under the custody of the Iraqi Army and that the military detainees account for over 15 percent of the Justice Ministry's prison population.

An anonymous source told the Washington Post that the "tidal wave of cases" generated by the security plans have overwhelmed the Iraqi justice system, which is mandated by Article 19 of the Iraq Constitution to submit preliminary investigations to "a competent judge in a period not to exceed twenty-four hours from the time the arrest has occurred."

Allegations of detainee abuse, particularly by the Interior Ministry, have also increased as officials have struggled to deal with the influx of detainees. The security plans, formally known as "Operation Law and Order" and commonly referred to as the "troop surge," are intended to increase security and stability in Baghdad and Al Anbar province, and were instituted shortly after Gen. David H. Petraeus assumed command of MNF-I.



Class-action lawsuit filed in pet food recall
Class Action News | 2007/05/16 11:38

The pet-food recall that included more than 100 types and resulted in the death of more than a dozen cats or dogs has spawned the first class-action lawsuit against manufacturers, including Cincinnati-based Procter & Gamble Co. P&G, which makes Iams and Eukanuba pet foods, was among those named as defendants in a lawsuit announced by a Miami law firm late Tuesday. Wet pet foods made by Iams and Eukanuba were among those recalled earlier this year after tainted pet food was linked to a third-party manufacturer, Menu Foods.

Investigators have said the problem comes from tainted wheat gluten imported from China.

The lawsuit, filed in U.S. District Court for the Southern District of Florida on behalf of three cat and dog owners in Michigan and Florida, names 15 food companies and retailers as defendants, including Menu Foods, P&G and Wal-Mart Stores Inc.

In a press release, the law firm said the companies have spent $300 million a year in marketing campaigns that misrepresent the contents of their pet foods.

An Iams spokesman could not immediately be reached for comment.



Casper woman pleads not guilty to murder charge
Criminal Law Updates | 2007/05/16 11:06

A Casper woman who allegedly told investigators that she killed her boyfriend "because his life was so bad" pleaded not guilty this morning (Tuesday morning) to a charge of first-degree murder. Dawn M. Rock could be sentenced to life in prison if she's convicted. The Casper Star-Tribune reported on its Web site that Natrona County District Attorney Michael Blonigen said in court this morning that he will not pursue the death penalty.

According to court documents, the 34-year-old Rock told police she shot 36-year-old Kenneth Walkinshaw at their home in March after he complained about how bad his life was.

Police say the couple had argued earlier, and that Rock said Walkinshaw had tried to choke her.



Lawyer arrested for allegedly defrauding client
Legal Career News | 2007/05/16 09:36

A lawyer who is a former Washington County public defender was arrested Tuesday on a charge he stole $12,000 from a client, State Police said. Joseph H. Oswald, 52, of Main Street, Fort Edward was charged with a felony count of third-degree grand larceny for allegedly cashing a settlement check the client received in December and not forwarding the money to either the client or Washington County, which had placed a lien on the money to repay Medicaid expenses, police said.

State Police began investigating the case after receiving information from the Washington County attorney's office indicating that the settlement money may have been improperly used.

State Police Senior Investigator Thomas Aiken said the client had been hurt in a car crash, but had been on Medicaid. The county had placed a lien against the check, but never received the money despite the check being cashed in December.

"They were owed compensation (by the client) but they never got it," Aiken said. "The bulk of it (the check) was supposed to go to the county, with whatever was left over going to the client."

Washington County Attorney Roger Wickes was not available Wednesday morning.

The arrest is the latest legal problem for Oswald, who was Washington County public defender for 3.5 years until resigning in August 2005, days before he was arrested on a bad check charge. That charge was later dropped.

He was arrested last summer on a charge he burglarized a female acquaintance's home in Kingsbury, but said recently that the felony charge in that case was dropped. He also was ordered to spend 15 days in Washington County Jail last month for not paying $11,000 in child support.

Oswald was free on bail Wednesday but could not be reached for comment Wednesday. The phone number listed for his law office was disconnected as of Wednesday morning.



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