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Court won't hear NH presidential ballot question
Court Watch | 2011/10/11 09:39
The Supreme Court won't hear an appeal from the Libertarian Party over whether New Hampshire officials should have let 2008 Libertarian candidate Bob Barr be the party's sole candidate on the presidential ballot.

The high court on Tuesday refused to hear an appeal from the party, which wanted Barr as the only candidate carrying its brand on the 2008 ballot.

A second candidate, George Phillies, also petitioned his way onto the New Hampshire ballot under the Libertarian banner. Barr and the party sued, saying Barr should have been the only Libertarian candidate on that ballot.

But the federal courts threw out the party's claim that Phillies' affiliation should have been removed because the national party didn't want his name on the ballot.



High court to decide double jeopardy question
Court Watch | 2011/10/10 09:39
The Supreme Court will decide whether a jury forewoman's offhand comment that the jury was unable to make a decision on a murder charge means the suspect can't be retried on that charge.

The high court on Tuesday agreed to hear an appeal from Alex Blueford, whose murder trial in Arkansas ended in a hung jury.

The jury forewoman told the judge before he declared a mistrial that the jury had voted unanimously against capital murder and first-degree murder. The jury had deadlocked on a lesser charge, manslaughter, which caused the judge to declare a mistrial.

Blueford argued the forewoman's statement, said in open court, meant that he has been acquitted of capital murder and first-degree murder.

Prosecutors decided to retry Blueford on all three charges. He contended he could not be retried on capital murder and first-degree murder because of Fifth Amendment double jeopardy protections.

Arkansas courts have disagreed. The high court will now review that decision.

Blueford was on trial for killing his girlfriend's 20-month-old son.


US court turns down Philly DA in cop-killing case
Court Watch | 2011/10/10 09:39
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.



High court appears to favor Ala. death row inmate
Court Watch | 2011/10/06 09:34
The tale of returned mail and a missed deadline might seem comical, if it did not involve a man trying to stave off execution. Supreme Court justices had harsh words Tuesday for lawyers who abandon their clients and a state legal system that does not seem overly concerned.

At the end of a lively hour of arguments, it appeared that the court would order a new hearing for Alabama death row inmate Cory Maples, who lost the chance to appeal his death sentence because of a mailroom mix-up at the venerable New York law firm Sullivan and Cromwell and the diffidence of a local court clerk.

Two Sullivan and Cromwell lawyers were pressing Maples' claim that his earlier legal representation was so bad that it violated the Constitution -- until they both left the firm without telling Maples or the Alabama courts.

Deadlines usually matter a lot at the Supreme Court, where a few years back a defendant who was late to file an appeal because the judge gave his lawyer the wrong date still lost his case. Another principle to which the court often holds dear is that it's tough luck for defendants whose lawyers make mistakes.

But Tuesday's case, perhaps because it involves the death penalty, was the rare instance when the court seemed prepared to grant some leeway on both counts.


Court rules that UBS trader should stay in custody
Court Watch | 2011/09/22 11:45
An alleged rogue trader accused of losing Swiss banking giant UBS about $2.3 billion is "sorry beyond words," his lawyer said Thursday, as a judge ordered him to be held in jail until a hearing next month.

Kweku Adoboli, 31, is charged with four offenses of fraud and false accounting dating back to 2008 and accused of racking up losses in authorized trades. His arrest a week ago has heaped pressure on UBS Chief Executive Oswald Gruebel and stoked speculation that the bank could get rid of its investment banking operations.

At a court hearing in London, prosecuting lawyer David Levy added a new fraud offense to the three previous charges laid against Adoboli, and confirmed that authorities had revised upward the amount allegedly gambled away by the trader to around $2.3 billion. A previous hearing was told the trader was accused of losing $2 billion.

Patrick Gibbs, defending Adoboli, said his client ? who wore a gray suit, white shirt and dark blue tie ? was truly sorry for his actions.

"He is sorry beyond words for what has happened here, he went to UBS and told them what he had done, and stands now appalled at the scale of the consequences of his disastrous miscalculations," Gibbs said.

Adoboli, who appeared confident and nodded in acknowledgment to a handful of supporters attending the hearing, spoke only to confirm his name, birth date and address. He did not enter any pleas to the charges.





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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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