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Ga. banker accused of losing millions due in court
Court News | 2014/01/02 15:00
A south Georgia bank director accused of losing millions of investor dollars before vanishing is set to appear in court.

The U.S. attorney's office in Savannah says 47-year-old Aubrey Lee Price is due to appear before a federal judge in Brunswick on Thursday. Price was arrested Tuesday during a traffic stop on Interstate 95 in Brunswick.

Price had disappeared in June 2012 after sending a rambling letter to his family and acquaintances saying he had lost millions of investment dollars and planned to kill himself.

A Florida judge declared him dead about a year ago. But the FBI had said it didn't believe Price was dead and continued to search for him.

Prosecutors say Price raised $40 million from his bank and 115 investors, and lost much of the money.



Minnesota Supreme Court Agrees To Hear Assisted Suicide Case
Legal Focuses | 2013/12/30 15:05
The Minnesota Supreme Court will consider the case of a national right-to-die group accused of playing a role in the 2007 suicide of an Apple Valley woman.

The high court agreed to hear Dakota County prosecutors' appeal of a Minnesota Court of Appeals ruling in September that a state law prohibiting advising or encouraging suicide was unconstitutional on free speech grounds, the Star Tribune reported Friday (http://strib.mn/JhC7zY ). The Appeals Court, however, sent charges of aiding and abetting suicide against the Florida-based group Final Exit Network and two members back to a district court for trial.

The Supreme Court also agreed in an order dated Dec. 17 to hear the cross-appeal of Final Exit Network, which says all of the charges are unconstitutional. The high court did not set a date for oral arguments.

The high court also stayed all proceedings in the Final Exit case pending its ruling in the separate case of William Melchert-Dinkel, of Faribault, an ex-nurse who was convicted in 2011 of "advising and encouraging" the suicides of a man in England and a teenager in Canada. The Court of Appeals upheld his conviction last year. The Supreme Court heard oral arguments in May.

Robert Rivas, an attorney for Final Exit, said the group believes the Appeals Court decision was correct.


Supreme Court denies appeal in arson case
Topics in Legal News | 2013/12/30 15:05
The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.

The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.

Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.

Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.

He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.

In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal.


Canadian court strikes down anti-prostitution laws
Topics in Legal News | 2013/12/23 13:17
Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.


Utah's same-sex marriage ban back in court
Topics in Legal News | 2013/12/23 13:17
A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.

U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.

Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.

On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church.


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