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Ohio court investigating lawyer who tipped Tressel
Legal Career News | 2011/06/13 14:28

The Ohio Supreme Court is investigating possible misconduct by the attorney who first tipped Ohio State's football coach to NCAA violations by his players.

Coach Jim Tressel's decision not to alert university officials to the tip from lawyer Christopher Cicero ultimately led to Tressel's resignation under pressure for failing to report the violations immediately.

State Disciplinary Counsel Jonathan Coughlan (COG'-linn) alleged in a filing Friday that Cicero violated professional conduct rules by revealing information from interviews with a potential client.

The filing cites three emails Cicero sent Tressel on April 2 and April 16. They contain details about Ohio State memorabilia discovered at a local tattoo parlor by federal investigators.




US appeals court overturns release of detainee
Legal Career News | 2011/06/10 12:36
A Yemeni detainee ordered to be freed from Guantanamo Bay has to stay now that a U.S. appeals court has overturned his release.

The U.S Court of Appeals in Washington says circumstantial evidence of terrorist ties can be enough to keep a prisoner like Hussain Salem Mohammad Almerfedi at the U.S. naval prison in Cuba.

Almerfedi was captured in Iran after the Sept. 11, 2001 attacks and eventually transferred to U.S. authorities through Afghanistan. Government attorneys argue he was staying at an al-Qaida-affiliated guesthouse, based on the testimony of another Guantanamo detainee. Almerfedi denied it, and a lower court judge found the testimony against him unreliable and ordered him released.

But the appeals court said the judge erred in finding the testimony unreliable and found it was likely Almerfedi was part of al-Qaida.


Ohioan is among 1st jurors at old, new courthouses
Legal Career News | 2011/06/09 11:52

An Ohio woman called to jury duty on the first day at a new county courthouse this week also was on the first jury at the old court building when it opened in 1973.

Jury commissioner Gretchen Roberts in Columbus says 64-year-old Mary Evans beat odds that are "pretty astronomical." Registered voters are randomly picked by computer for jury service on given dates.

Evans, of suburban Grove City, tells The Columbus Dispatch that it was "kind of cool" that she inaugurated both Franklin County Common Pleas Courthouses.

She says each struck her as an impressive reflection of its time.

Evans was seated Monday on a jury for a domestic violence case when the new, $105 million courthouse opened. In 1973, she served on juries for rape and theft cases.



Court: Career criminal won't get less prison time
Legal Career News | 2011/06/06 16:28
The Supreme Court says a career criminal cannot get his sentence reduced because of a change in drug-crime penalties in North Carolina.

The high court on Monday turned away an appeal by Clifton McNeill, who pleaded guilty to gun and drug possession in 2008.

Lower courts increased his sentence under the Armed Career Criminal Act since he had previous drug and robbery convictions. But McNeill argued that his cocaine possession and intent to sell sentences shouldn't count because North Carolina had reduced the penalty for drug crimes since his conviction.

The Supreme Court unanimously ruled that those crimes still counted, since they were committed before the penalties were reduced.


NY court weighs immunity claim in '93 WTC bombing
Legal Career News | 2011/06/02 10:12

The agency that owned and operated the World Trade Center urged the state's top court Wednesday to reject remaining negligence claims for the 1993 bombing by terrorists who detonated a van of explosives in the public garage beneath its twin towers, killing 6 people and injuring about 1,000.

In lawsuits citing security concerns since 1984, a jury found that the Port Authority of New York and New Jersey failed as a landlord to maintain reasonably safe premises and was 68 percent at fault, blaming the terrorists for the other 32 percent. A midlevel court upheld the verdict.

In arguments Wednesday, attorney Richard Rothman said the Court of Appeals should uphold the Port Authority's claims of governmental immunity for its counter-terrorism measures against what was an unprecedented event, a foreign terrorist attack on the U.S. In court papers, he noted that the FBI building in Washington, D.C., and the New York Police Department headquarters and the United Nations building, both in Manhattan, all had unrestricted underground parking at that time against what was regarded as a relatively low-level threat.

Rothman said the 110-story towers housed offices for the governor and several state and federal agencies, and the Port Authority was doing security assessments across its network, including airports. "Treating the Port Authority as just another landlord ... is directly contrary to the statutes under which the World Trade Center was created," he said.

Even if regarded under the law as a commercial landlord, Rothman argued it was likewise undisputed that authority officials had many high-level meetings about security and were in touch with federal authorities before the bombing. The twin towers were destroyed on Sept. 11, 2001, when jetliners hijacked by terrorists flew into them.



Court to clarify witness identification rules
Legal Career News | 2011/05/31 12:20
The Supreme Court will decide whether a witness identification of a man suspected in a break-in of a car should be thrown out.

The high court on Tuesday agreed to hear an appeal from Barion Perry, who is in prison for breaking into a car in 2008.

A woman said she saw Perry take things from the car, but only after police had him in handcuffs. She later could not pick him out of a photo lineup, and could not describe the suspect.

Perry wanted her identification thrown out because it was "unnecessarily suggestive" that he was a criminal because he was in handcuffs. The New Hampshire Supreme Court disagreed, and upheld his conviction.


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