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Vietnamese court rejects appeals by dissident
Court Center | 2014/02/18 23:13
A Vietnamese appeals court on Tuesday upheld the conviction and 30-month prison sentence against a U.S.-trained lawyer and well-known dissident found guilty of tax evasion in a case that international rights groups say was politically motivated.

The court in Hanoi rejected Le Quoc Quan’s appeal after a half-day trial on Tuesday. His lawyer Ha Huy Son quoted judges as saying they found no new evidence, and that the conviction by the intermediate court was well founded.

The lawyer said Quan maintained his innocence throughout the trial.

‘‘I told the court that the case should not be criminalized, but should be resolved through administrative procedures instead.’’ Son said in a telephone interview. ‘‘But the court rejected my arguments.’’

Quan was sentenced to 30 months in jail in October.

About 100 people gathered near the courthouse demanding Quan’s release, and police sealed off the area.


Fla. man guilty of lesser counts in music shooting
Top Legal News | 2014/02/18 23:01
Prosecutors say they may retry a Florida man on first-degree murder charges in the fatal shooting of a teenager after an argument over loud music.

A jury convicted Michael Dunn, a 47-year-old software developer, on Saturday of attempted murder for shooting into a carful of teenagers after the argument, but jurors couldn't agree on the most serious charge of first-degree murder. A mistrial was declared on that charge. State Attorney Angela Corey said her office would consider seeking a retrial.

Meanwhile, defense attorney Cory Strolla said he plans to appeal based on several issues, including how the jury could reach guilty verdicts on four counts and deadlock on another.

Dunn was charged with fatally shooting 17-year-old Jordan Davis, of Marietta, Ga., in 2012 after the argument over loud music coming from the SUV occupied by Davis and three friends outside a Jacksonville convenience store. Dunn, who is white, had described the music to his fiancee as "thug music." He claimed he acted in self-defense.

The trial was Florida's latest to raise questions about self-defense and race, coming six months after George Zimmerman was acquitted in the shooting of 17-year-old Trayvon Martin in Sanford, about 125 miles south of Jacksonville. The Dunn trial was prosecuted by the same State Attorney's Office that handled the Zimmerman case.


CA Supreme Court justice to retire
Headline News | 2014/02/13 23:53
The longest-serving current justice of the California Supreme Court announced Tuesday that she is retiring.

Justice Joyce Kennard notified Gov. Jerry Brown that she intends to step down on April 5, ending her 24-year tenure as a member of the state's highest court.

"The state and its people have been very well served by Justice Kennard," Brown said in a statement on Tuesday. "Her independence and intellectual fortitude have left a lasting mark on the Court."

Former Gov. George Deukmejian appointed Kennard to the Supreme Court in 1989, The San Jose Mercury News reported. She previously was a Los Angeles trial judge and an appeals court justice for a brief time before being elevated to the State Supreme Court.

Kennard, 72, has a unique personal history, according to the Mercury News, because she is a native of Indonesia, moved to the Netherlands as a teenager and lost part of her right leg to a tumor, forcing her to walk with a prosthetic the rest of her life.

Kennard moved to the United States in 1961, settling in Southern California. She earned her law degree from the University of Southern California.

In her tenure on the court, she became famous for interjecting questions during oral arguments, often turning them into lengthy speeches before pointing her finger at a lawyer and demanding an answer. Despite being an appointee of the conservative Deukmejian, she was often unpredictable in her rulings and would come down on the more liberal side of social issues before the court.

Kennard was in the 4-3 majority that in 2008 struck down California's long-standing ban on gay marriage, a ruling that preceded voter approval of Proposition 8 — which restored the same-sex marriage ban until the U.S. Supreme Court invalidated it last year.


Maine's high court to hear environmental dispute
Firm News/Maine | 2014/02/13 23:53
Maine's highest court is scheduled to hear arguments in a legal dispute over the environmental cleanup of the former HoltraChem Manufacturing Co. plant in Orrington.

The Portland Press Herald reports that the Supreme Judicial Court will hear oral arguments Tuesday on an appeal by Mallinckrodt LLC, a St. Louis-based pharmaceutical company that inherited responsibility for the site after HoltraChem went bankrupt. Mallinckrodt is seeking to overturn an order that it must complete an environmental cleanup that could cost $250 million.

The chemical plant used mercury in its manufacturing processes and dumped waste directly into the Penobscot River. The plant later deposited waste in five landfills on its 235-acre campus.

Mallinckrodt contends in its appeal that the Maine Board of Environmental Protection overstepped its legal authority in ordering the cleanup.


California teen pleads not guilty in newborn death
Top Legal News | 2014/02/10 23:01
A teenager in Central California pleaded not guilty Thursday to killing her newborn baby, who was found wrapped in plastic bag last week under a bathroom sink.

Gloria Santos Mendoza, 17, was charged as an adult on a single count of first-degree murder, said Madera County Deputy District Attorney Rachel Cartier. If convicted, Mendoza could spend 25 years to life in state prison.

The teenager went to a hospital Friday suffering from postpartum bleeding, but she denied giving birth, Madera County Sheriff's Office spokeswoman Erica Stuart said. It took investigators hours to learn where she lived because of a language barrier. The girl speaks a dialect from Oaxaca, Mexico.

Authorities found the dead baby under the sink at the girl's Madera home. Stuart said that when the girl was confronted, she changed her story and said the child was born dead. But Stuart said an autopsy determined the baby was born alive.

Mendoza's attorney, Michael Fitzgerald, said that his first impression was that the prosecution's decision to charge her as an adult with first-degree murder seemed excessive.

The teenager came to Madera from her village in Mexico three days before giving birth, Stuart said. Mendoza remains jailed on $1 million bail.


SC lawyer pleads guilty to defrauding clients
Top Legal News | 2014/02/10 23:01
A Florence attorney has pleaded guilty to defrauding his clients. U.S. Attorney Bill Nettles said Friday that 48-year-old William J. Rivers pleaded guilty to mail fraud.

Authorities began investigating after some of Rivers' clients complained to the South Carolina Bar Association. Between 2006 and 2012, prosecutors say more than 100 of his firms' clients were defrauded of more than $3.3 million.

Authorities say Rivers settled personal injury cases but didn't tell his clients or medical providers about the settlement money, which he kept. Prosecutors say that action left Rivers' clients still owing money for treatments they had received.

Prosecutors say Rivers' law partner committed suicide during the investigation. Rivers faces up to 20 years in prison and a fine of $250,000 when he's sentenced.



Australian court rules ANZ Bank late fees too high
Press Releases | 2014/02/07 00:28
One of Australia's largest banks faces a multimillion dollar payout to thousands of customers after a judge ruled on Wednesday that late payment fees it charged on credit cards were exorbitant.

ANZ Banking Group Ltd. partially lost a class action law suit in the Australian Federal Court brought by more than 43,000 customers who claimed they had been charged excessive fees for years. In some cases the fees were 70 times the cost to the bank of administering late payments.

Justice Michelle Gordon ruled that the bank had been illegally imposing penalties for late payments on credit cards.

She agreed with lead plaintiff Lucio Paciocco's argument that the fees were "extravagant, exorbitant and unconscionable," and represented a breach of contract.

But she also ruled in ANZ's favor by dismissing claims that other types of bank fees were illegal penalties.

It was not clear how much the bank would have to pay back customers who had been charged too much over six years. Lawyers for the bank and customers have until next week to agree on a proposal for repaying customers that the court can rule on.


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