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Pa.'s rhyming justice pens insurance fraud opinion
Court News |
2011/12/21 11:03
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A state Supreme Court justice known for opinions written in rhyme has done it again, producing six pages of verse Thursday in the case of whether the maker of a forged check also had committed insurance fraud.
Justice J. Michael Eakin, writing for a 4-2 majority, concluded in six-line stanzas that a man's attempt to deposit a forged check appearing to be from State Farm didn't constitute insurance fraud.
"Sentenced on the other crimes, he surely won't go free, but we find he can't be guilty of this final felony," Eakin wrote. "Convictions for the forgery and theft are approbated -- the sentence for insurance fraud, however, is vacated. The case must be remanded for resentencing, we find, so the trial judge may impose the result he originally had in mind."
A dissenting three-page opinion by Justice Thomas G. Saylor didn't rhyme.
Eakin was first elected to the high court in 2001 after earning a reputation as the "rhyming judge" by issuing some opinions entirely in verse while sitting on an intermediate state appellate court in the late 1990s. Two former state Supreme Court justices, Stephen A. Zappala and the late Ralph J. Cappy, had expressed concern in the past that the practice could reflect poorly on the court.
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Ind. appeals court upholds man's 60-year sentence
Court News |
2011/12/19 11:26
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The Indiana Court of Appeals has upheld a southern Indiana man's 60-year prison sentence for beating his girlfriend to death with a crowbar.
The Princeton Daily Clarion reports the court ruled Thursday that 68-year-old Robert P. Spangler's sentence was "not inappropriate" despite his mental illness, remorse in the killing and lack of a prior criminal history.
Spangler was sentenced this summer in Gibson Circuit Court to 60 years after pleading guilty but mentally ill to murder in Pat Heichelbach's November 2010 killing. Spangler's attorney argued for a 45-year term.
Spangler admitted beating Heichelbech with a crowbar at his Fort Branch home in November 2010.
Heichelbech's daughter, Sherry Heichelbech, testified at Spangler's sentence that he "should never be allowed to walk among good and decent people again."
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Phil Spector to take appeal to US Supreme Court
Court News |
2011/12/16 09:35
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A lawyer for imprisoned music legend Phil Spector is asking the U.S. Supreme Court to review his murder conviction, arguing his constitutional rights were violated by the trial judge.
Attorney Dennis Riordan contends that Superior Court Judge Larry Paul Fidler became a witness for the prosecution by offering his opinion on an expert's testimony.
The filing was expected to reach the court Friday. It cites the prosecution's use of the judge's videotaped comments and his picture during prosecution summations.
The same arguments were made to state appellate justices, who refused to consider them because of a belated filing. They upheld Spector's second-degree murder conviction in the death of actress Lana Clarkson.
The California Supreme Court declined to review the case. |
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Court rejects appeal in girlfriend burning case
Court News |
2011/12/15 11:35
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The Mississippi Court of Appeals has rejected an appeal from a man sentenced to life in prison for dousing his girlfriend with gasoline and setting her on fire.
The woman was injured, but survived. Clyde Campbell was convicted of aggravated assault and sentenced on July 20, 1990. He was sentenced as a habitual offender. Campbell had pleaded guilty in 1974 to assault and battery after shooting a Natchez police officer. Court records said the officer lost an eye and later died as an "indirect result of the injuries."
Campbell served one-year of a five years sentence. He was later convicted of being a felon in possession of a firearm.
The Appeals Court ruled Tuesday that the Supreme Court in1998 rejected Campbell's motion for post-conviction relief and rejected his new appeal. |
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Penn State figures accused of lying head to court
Court News |
2011/12/14 13:02
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Jerry Sandusky's decision Tuesday to waive his preliminary hearing shifts the focus in the child sex-abuse scandal to two Penn State administrators accused of failing to properly report suspected abuse and lying to the grand jury investigating Sandusky.
Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.
McQueary testified that he happened upon "rhythmic, slapping sounds" in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.
McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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