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Court rejects Duncan's death sentence appeal
Legal Watch | 2015/03/31 21:15
A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.

Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.

Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.

On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind.


Ohio mother accused of decapitating baby due in court
Headline News | 2015/03/20 22:39
A judge has set bail for an Ohio mother accused of decapitating her 3-month-old baby at $500,000.

Hamilton County Municipal Court Judge Melissa Powers set bail at a brief hearing Friday, where a handcuffed Deasia Watkins didn't speak. She will go before a grand jury March 26.

The 20-year-old Watkins was charged with aggravated murder after her daughter's body was found Monday on a kitchen counter in an aunt's home.

Authorities say 3-month-old Jayniah Watkins had been decapitated and stabbed multiple times with a large chef's knife. Police found Watkins in bed covered with blood.

Watkins was previously forbidden to have contact with her daughter after being hospitalized for psychiatric problems.

Watkins was released from a hospital Thursday where she was under guard and remains in the county jail.


Mexican Supreme Court orders release of man in 1992 murders
Legal News | 2015/03/20 22:39
Mexico's Supreme Court on Wednesday ordered the release of a Mexican-American jailed on a homicide conviction since 1992, ruling he had been tortured.

The court's ruling applied to the long-disputed conviction of Alfonso Martin del Campo Dodd in the murder of his sister and brother-in-law. It has been one of Mexico's longest and hardest-fought legal cases.

Lawyers for the dead couple's now-grown daughters criticized Wednesday's ruling, saying it was a blow to victims' rights.

"This is an offense to the victims," said Samuel Gonzalez, a former top anti-drug prosecutor who has helped defend victims' rights. "The victims did not get justice."

The court said police tortured Martin Del Campo Dodd into confessing to the killings, citing administrative proceedings filed against one officer two years after Campo Dodd was arrested. The court said he should be freed "in light of the proof that torture was used to obtain his confession in the two crimes, without there being any other incriminatory evidence."

The Mexican government fought for years to keep Martin Del Campo Dodd in prison despite pressure from abroad to release him. He holds U.S. and Mexican citizenship.

The couple were stabbed to death in their Mexico City home. Martin del Campo Dodd was at the home and said two masked assailants kidnapped him and stuffed him into the trunk of a car, which they later abandoned.

He signed a confession to the killings, but later claimed he did it under torture. He was sentenced to 50 years behind bars for the murder.


Court scraps Dutch data retention law, cites privacy concern
Press Releases | 2015/03/12 19:05
A judge scrapped the Netherlands' data retention law Wednesday, saying that while it helps solve crimes it also breaches the privacy of telephone and Internet users.

The ruling by a judge in The Hague followed a similar decision in April by the European Union's top court that wiped out EU data collection legislation it deemed too broad and offering too few privacy safeguards.

The Security and Justice Ministry said it was considering an appeal.

Under the Dutch law, telephone companies were required to store information about all fixed and mobile phone calls for a year. Internet providers had to store information on their clients' Internet use for six months.

The written judgment by Judge G.P. van Ham conceded that scrapping the data storage "could have far-reaching consequences for investigating and prosecuting crimes" but added that this could not justify the privacy breaches the law entails.

The judge did not set a deadline for disposing of the data.

Privacy First, one of the organizations that took the government to court, said the ruling "will bring to an end years of massive privacy breaches" in the Netherlands.

The government said after last year's European court ruling that it would amend its law.


FTC sues DirecTV, alleges hidden fees and deceptive ads
Attorneys News | 2015/03/12 19:04
The government is taking the nation's biggest satellite TV provider to court, accusing DirecTV of misleading millions of consumers about the cost of its programming.

The Federal Trade Commission said Wednesday that its complaint charges DirecTV Inc. with deceptively advertising a discounted 12-month programming package. Consumers weren't clearly told that the package requires a two-year contract, the commission said.

The advertising, the FTC said, did not make clear that the cost of the package would increase by up to $45 more per month in the second year and that hefty early cancellation fees — up to $480 — would apply. The allegations of deceptive advertising date back to 2007 and cover more recent marketing campaigns, such as one in late 2014 that offered the company's subscription service on a limited basis for "only $19.99" a month.


Bankrupt Caesars unit gets court's OK to use cash, for now
Attorneys News | 2015/03/06 00:56

A federal judge in Chicago ruled Wednesday that a bankrupt division of Caesars Entertainment Corp. can tap some of the $847 million in cash it has on hand for at least five weeks.

Judge Benjamin Goldgar said Caesars Entertainment Operating Co. could access its cash in the interim despite objections from some of the company's creditors.

A budget the company submitted to the court indicated it plans to spend $334 million through April 3. The documents showed revenue is expected to offset spending and leave the company with $834 million in cash at the end of five weeks.

Goldgar scheduled a hearing to reconsider the motion on March 26.

Several other motions, including requests for an examiner to investigate the company's pre-bankruptcy transactions, were delayed until March 25.

The company was also seeking to get out from under several contracts that would save it $675,000 a month.

Among the contracts is a suite for Kansas City Chiefs football games, a sponsorship with the New York Mets, an advertising agreement with The Forum in Los Angeles, and deals with a tour bus operator to support its Horseshoe Bossier City casino in Louisiana and a nearby Springhill Suites hotel operator where the company regularly reserved a block of rooms.


Supreme Court won't reinstate case of man who went missing
Court Center | 2015/02/25 19:09
Bobby Chen's legal luck has finally run out. The Supreme Court on Monday refused to reinstate Chen's appeal in a legal dispute with the city of Baltimore.

Chen beat long odds last year when he convinced the court — without the help of an attorney — to hear his case. But then he disappeared for two months and court officials couldn't reach him. The court dismissed the case last month after he missed a filing deadline.

Chen later re-emerged with a high-powered lawyer who said his client was traveling, experienced a slip-and-fall injury, and was unaware his case had been granted.

But the court declined to give him a second chance.

Chen had been fighting Baltimore officials for years, claiming the city illegally demolished his row house.


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