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Supreme Court rejects Hessler appeal
Court Watch | 2011/12/26 16:29
The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.

Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.

Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.

A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.

Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.

Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel.


Pomerantz Law Firm Has Filed a Class Action
Court News | 2011/12/26 16:29
Shareholders of Pain Therapeutics, Inc. are reminded of the securities class action lawsuit filed against PTIE and certain of its officers. The class action, filed in the United States District Court, Western District of Texas, is on behalf of a class consisting of all persons or entities who purchased PTIE securities during the period from February 3, 2011 through June 23, 2011.

If you are a shareholder who purchased PTIE securities during the Class Period, you have until January 31, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.

The Complaint alleges that, during the Class Period, PTIE made false and/or misleading statements and/or failed to disclose material facts about a new drug, REMOXY. Specifically, PTIE failed to disclose that REMOXY was not approvable by the U.S. Food and Drug Administration due to chemistry, manufacturing, and control deficiencies that caused inconsistent results during laboratory tests.

www.pomerantzlaw.com.


Lawyer: Portugal denies US appeal for fugitive
Legal Interview | 2011/12/24 16:30
Portugal's Supreme Court has refused a request from the U.S. to extradite American fugitive George Wright, his lawyer said Thursday.

Wright's lawyer Manuel Luis Ferreira said the court rejected an appeal by the U.S. against a lower court's decision that denied extradition a month ago.

"The Supreme Court has denied the appeal," Ferreira told The Associated Press. "They notified me today."

The U.S. can now appeal to Portugal's Constitutional Court if it chooses to.

Ferreira said he did not have details of the ruling. In Portugal, extradition cases are conducted in secret. Ferreira said Wright intends to remain in Portugal.

A Lisbon judge decided against Wright's extradition in November, two months after he was captured in Portugal following four decades on the run.

The U.S. Justice Department filed an appeal less than two weeks later.

Supreme Court officials weren't available to comment after office hours Thursday, and the U.S. Justice Department did not immediately reply to an email seeking comment.

The lower court judge had ruled that Wright, 68, had become a Portuguese citizen and that the statute of limitations on his 15- to 30-year sentence for a robbery-murder in New Jersey had expired, according to Ferreira.


Supreme Court says Manchester property tax data private
Topics in Legal News | 2011/12/24 16:29
The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.

In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.

The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.

The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.

The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.

The court decision is posted on the town website, http://www.manchester-vt.gov/



Man set to plead guilty in Harrison Co. drug case
Court News | 2011/12/24 16:29
Court records indicate a man plans to plead guilty to federal weapons and methamphetamine charges in south Mississippi.

The indictment in U.S. District Court in Gulfport says Anthony Justin Necaise, who also goes by Anthony Joseph Necaise, was a felon in possession of a firearm in coastal Harrison County on June 9, 2008. He's charged with making meth the same day. A change of plea hearing is set for Jan. 3.

The government also is seeking the forfeiture of three .22 caliber rifles, a 410 gauge shotgun and ammunition.


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