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Court turns down Calif. death row inmate's appeal
Legal Career News | 2009/12/02 10:41

The Supreme Court has rejected an appeal from a California death row inmate who was convicted in the gruesome murders of four people in 1983.

The justices said Monday they would not review an appeals court ruling that upheld the murder conviction and death sentence of Kevin Cooper.

Cooper came within a few hours of execution in 2004 before the 9th U.S. Circuit Court of Appeals stepped in to order genetic testing on a hair and a bloody shirt found at the murder scene that Cooper said would prove he was not the killer.

The San Francisco-based appeals court later backed a district judge's ruling that the test results did not show Cooper's innocence.

Cooper, who has long maintained his innocence, had escaped from a California state prison. He was convicted of the murders of Douglas and Peggy Ryen, both 41, their 10-year-old daughter, Jessica, and Christopher Hughes, her friend. They were stabbed and hacked repeatedly with a hatchet and buck knife. Joshua Ryen, then 8, survived a slit throat.



Court: Ky. must readopt lethal injection proto
Legal Career News | 2009/11/25 10:56

The Kentucky Supreme Court has ruled that the state improperly adopted its three-drug method of lethally injecting condemned inmates.

The court says in a ruling issued Wednesday that the state must go back and readopt the method because officials did not follow state administrative procedures. That includes holding public hearings.

The challenge was brought by three death row inmates.

Kentucky's lethal injection method was previously challenged by one of the inmates, Ralph Baze.

That case rose all the way to the U.S. Supreme Court and led all the states who use a similar method to Kentucky to halt lethal injections until it was upheld.

Wednesday's ruling does not affect the validity of the three-drug method.



NY's top court rejects prison phone rate refunds
Legal Career News | 2009/11/24 11:52

New York's highest court ruled Monday that families forced to pay high phone rates to talk to relatives in state prison won't receive refunds for the cost.

The lawsuit was first brought by the inmates' families in 2004.

In a 5-1 decision, the Court of Appeals affirmed a lower court's ruling that the families failed to assert legitimate claims under the state constitution.

The court found that the fee was bad public policy, but didn't qualify as being unconstitutional.

Defense organizations and relatives of inmates argued that the state had illegally collected millions of dollars through a prison telephone service contract. They said the state's contract with MCI Worldcom Communication violated the state constitution. The contract has since been taken over by Verizon.

"We're very disappointed," said Rachel Meeropol, a staff attorney at the Center for Constitutional Rights in New York. The center has represented families in the case.



Atlanta judicial leaders declare court 'emergency'
Legal Career News | 2009/11/20 16:44

Georgia's biggest court system has warned that a 2010 Fulton County proposal that cuts $53 million from the judicial budget could force them to shut down the courthouse, jeopardize death penalty cases and slash as many as 1,000 jobs.

Fulton County's judicial leaders declared an "economic state of emergency" and warned Wednesday that the cuts, which amount to about a fourth of Fulton County's judicial budget, would lead to drastic changes at the Fulton County Jail, the sheriff's office along with prosecutors, judges and public defenders.

"This is not something you can adjust to," said Doris Downs, the county's chief superior court judge. "This is going to dismantle the justice system."

The proposed cuts, which were released last week, are part of a spending plan that would slash the county's funding by $148.2 million in 2010. Downs and other judicial leaders said the cuts came as a surprise to them and urged commissioners to rethink the spending plan before it plunges the legal system into a "crisis."

Fulton County Commission Chair John Eaves said the spending plan is still tentative and that commissioners will approve final changes in January. But he said that the judicial system will have to shoulder a portion of the cuts along with other county agencies.



Law Firm Manager Gets 41 Months for Embezzling $1.3M
Legal Career News | 2009/11/19 11:24

Regina Schenck, 46, of Herald, a small community in southern Sacramento County, is headed to prison for three years and five months, the sentenced handed down for her stealing $1.3 million from her employer, Sacramento law firm Diepenbrock Harrison.

She was also ordered to repay the $1.3 million to her former employer plus $264,000 in restitution to the IRS. She pleaded guilty on Sept. 1.

Between 2003 and 2008, Ms. Schenck wrote law firm checks to pay her own bills, created false documents, and told lies to cause law firm partners to authorize checks that she secretly used to buy five horses and a horse trailer, according to Assistant U.S. Attorney Matthew Segal, who prosecuted the case.

She also used the law firm’s computer network to inflate her salary, give herself bonuses and benefits, and she omitted her fraud-procured income from her tax return, prosecutors say.



US court: CIA didn't violate Plame's speech rights
Legal Career News | 2009/11/13 15:02

A federal appeals court in New York says the CIA did not violate Valerie Plame's free speech rights.

The 2nd Circuit Court of Appeals upheld a 2007 lower court decision in its ruling Thursday. The decision barred Plame from revealing the length of her tenure with the CIA in a memoir.

The appeals court agreed that the agency made a good argument to keep the information secret.

Plame's identity was revealed in a syndicated newspaper column in 2003 after her husband, former Ambassador Joseph Wilson, began criticizing the war in Iraq.

She and her publisher sued the CIA in 2007. They claimed they had a First Amendment right to publish her dates of employment.



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