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Supreme Court denies appeal in arson case
Topics in Legal News |
2013/12/30 15:05
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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. |
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Canadian court strikes down anti-prostitution laws
Topics in Legal News |
2013/12/23 13:17
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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. |
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Utah's same-sex marriage ban back in court
Topics in Legal News |
2013/12/23 13:17
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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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Judge ousts defendant twice from Guantanamo court
Topics in Legal News |
2013/12/20 11:14
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The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba.
Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell.
But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell.
Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh.
He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said.
Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative.
Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made. |
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Court looks at EPA rule on cross-state pollution
Topics in Legal News |
2013/12/12 14:06
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The Supreme Court indicated Tuesday it could breathe new life into a federal rule requiring states to reduce power plant pollution from the South and Midwest that fouls the air in the eastern U.S.
Several justices suggested during a 90-minute argument that they believe the Environmental Protection Agency did not exceed its authority when it issued its cross-state air pollution rule in 2011. A divided federal appeals court panel invalidated the rule last year.
The EPA sought to reduce pollution from power plants in 28 states that drifts above states in the Northeast and Mid-Atlantic regions. Texas led 14 states and industry groups in challenging the rule. Most downwind states support it.
Justice Department lawyer Malcolm Stewart said the EPA is trying to be "an honest broker" between upwind and downwind states.
Sulfur dioxide and nitrogen oxide pollution from power plants can be carried long distances and the pollutants react with other substances to form smog and soot, which have been linked to illnesses. The cross-border pollution has prevented many cities from complying with health-based standards set by law.
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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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