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Former Navy lawyer goes before Kan. Supreme Court
Court News |
2012/10/24 16:50
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A former Navy lawyer who was convicted during a court martial in 2007 for mailing secret information about Guantanamo Bay detainees is seeking to get his law license reinstated in Kansas.
Attorneys for Matthew Diaz will argue on Thursday before the Kansas Supreme Court to accept a recommendation from the Office of Judicial Administration to suspend his law license for three years effective 2008. Because of the timeline, Diaz would be reinstated with the Kansas bar.
The disciplinary hearing panel said Diaz warranted "significant discipline" for his actions, which included the act of printing and sending classified information and sending it to an unauthorized person. |
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MacDonald goes to court in 'Fatal Vision' case
Court News |
2012/09/22 15:52
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Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.
The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.
It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances.
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Appeals court affirms oil company polar bear rules
Court News |
2012/08/24 14:12
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Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.
A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.
"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.
The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.
The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding. |
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Court overturns $1M award against U of M, Smith
Court News |
2012/08/08 12:26
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The Minnesota Supreme Court has overturned a $1 million award against the University of Minnesota and men's basketball coach Tubby Smith over the hiring of an assistant coach.
Jimmy Williams quit his job as an assistant coach at Oklahoma State in 2007 because he believed Smith had hiring authority when he offered him an assistant coaching job. Minnesota later withdrew the offer because Williams had NCAA rules violations during a previous stint as an assistant for the Golden Gophers more than 20 years ago.
Williams sued, and a Hennepin County jury and the state appeals court sided with him. But the Minnesota Supreme Court on Wednesday reversed those decisions, saying Williams was not entitled to protection against negligent misrepresentations from Smith about his hiring authority.
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Ind. court upholds life sentence for teen killer
Court News |
2012/08/03 11:52
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The Indiana Supreme Court on Tuesday upheld a sentence of life without parole for a teenager who said he wanted to be like the fictional television serial killer Dexter a few weeks before strangling his 10-year-old brother.
Andrew Conley was 17 in November 2009 when he killed his brother, Conner, while wrestling in their home near Rising Sun and dumped the boy's body in a park. He unexpectedly pleaded guilty in September 2010, averting a murder trial.
In the 3-2 ruling, the justices said Conley acted "as if nothing was out of the ordinary" after the killing. According to testimony during the five-day sentencing hearing, Conley joked with his mother and watched football the day after he killed Conner.
Conley told police he fantasized about killing people since he was in eighth grade. A few weeks before the killing, Conley told his girlfriend that he wanted to be just like the TV serial killer as they walked on the trail where he later disposed of his brother's body.
Three different psychological experts who interviewed Conley all said he was seriously mentally ill, but his appellate lawyer, Leanna Weissmann, said the judge gave too much credence to a psychologist's testimony that the teen could be a psychopath.
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Tenn. court says convicted killer can keep money
Court News |
2012/07/18 15:53
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A Tennessee appeals court has reluctantly ruled that a Johnson City man convicted of killing his wife in a bathtub for the insurance money can keep $200,000 in life insurance proceeds.
The Knoxville News Sentinel reported Wednesday that the Tennessee Court of Appeals agreed with a trial court's decision to let Dale Keith Larkin keep the life insurance proceeds he collected in a settlement with the daughter of his wife, Teresa Larkin, who was found dead in a bathtub in 2003.
"This court is not happy with the results of our decision," wrote Appellate Judge D. Michael Swiney in the opinion released last week.
Teresa Larkin's body was found by her then-11-year-old daughter, Tia Gentry, in the bathtub of the Johnson City home she shared with her stepfather, Dale Keith Larkin.
The Johnson City Police Department continued to work the case and in 2009 convinced prosecutors to have her body exhumed. A second autopsy revealed that she had suffered 21 separate injuries, including a broken sternum and bone breaks in her arms, before she was found drowned in the bathtub.
Charges were filed against Dale Larkin and in February 2011 he was convicted in her death. He is now serving a life sentence.
Gentry filed a lawsuit alleging her stepfather tricked her into a settlement in the life insurance case by claiming he was innocent in her mother's death. She also cited a Tennessee law, also known as the "slayer's statute," that bars people convicted of murder from inheriting property from the victim.
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