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US court turns down Philly DA in cop-killing case
Court Center | 2011/10/11 16:47
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.


Scott Cole & Associates Announces Update for Class Action
Press Releases | 2011/10/07 16:39
According to Scott Cole, within days of being hit with a class action lawsuit for failing to offer meal and rest breaks to its California workforce, Guitar Center fired the man who pioneered the lawsuit and allowed its workers to parade the named plaintiff’s final paycheck around the workplace. In immediate reaction to these events, the plaintiff’s attorneys at Scott Cole & Associates amended the Complaint today to allege a wrongful termination and invasion of privacy claim.

“If Guitar Center thinks it can send a message to its workers that standing up for their rights will cost them, this new wrongful termination claim sends a stronger message right back,” says Scott Cole, the principal lawyer on the case. “Firing our client was a big mistake.”

The lawsuit is entitled Pellanda v. Guitar Center, Inc.

Oakland-based Scott Cole & Associates, APC is one of California’s premiere class action law firms and is devoted to representing individuals in employment and consumer rights litigation. For more information about our practice and cases, visit www.scalaw.com or call (510) 891-9800.


Hogan to be new courts administrative officer
Legal Watch | 2011/10/06 16:40
Senior U.S. District Judge Thomas Hogan is the new director of the Administrative Office of the U.S. Courts.

Hogan, a former chief U.S. District Court judge in Washington, will serve a one-year term as the chief administrative officer for the federal court system. He will oversee the federal judiciary's 35,000 employees and its almost $7 billion annual budget.

The Judicial Conference of the United States is the principal policymaking body for the federal court system. As its presiding officer, Chief Justice John Roberts selected Hogan for the position.

Hogan will begin Oct. 17. He plans to resume work as a senior federal judge after his term ends.

The previous director, James Duff, left this summer to become president of the Freedom Forum.


Alberto Gonzales joins Nashville law firm
Legal News | 2011/10/06 16:39
Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.

Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch & Davis LLP, the firm said Wednesday.

He also will be involved in the firm’s diversity initiatives, which include a mentoring program.

“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”

Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.

But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons.


Bankruptcy judges asking $100 to cover Kagan talk
Headline News | 2011/10/05 17:46
The national organization of bankruptcy judges says reporters are welcome to cover Supreme Court Justice Elena Kagan's talk at its convention in mid-October, if they pay $100.

Groups sometimes close their events to the press or allow reporters in with restrictions on the use of cameras and audio recorders. But it's very unusual to charge the news media merely to attend.

Kagan is scheduled to speak Oct. 15, at the end of the four-day conference in Tampa, Fla. She did not immediately comment on the fee arrangement.

Christine Molick, executive director of the National Conference of Bankruptcy Judges, says the $100 fee is greatly reduced from what other attendees must pay. Registration fees for some participants top $900, according to the organization's website.


Court seems divided over Miranda rights case
Court Center | 2011/10/05 17:46
The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.

The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.

Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.

Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.

On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.


Swiss sports court overturns Olympic doping rule
Legal Watch | 2011/10/05 16:39
Olympic champion LaShawn Merritt was cleared to defend his 400-meter title in London next year after the American won his appeal Thursday against an IOC rule banning doping offenders from the games.

The Court of Arbitration for Sport annulled the International Olympic Committee rule that bars any athlete who has received a doping suspension of more than six months from competing in the next summer or winter games.

The three-man CAS panel said the rule, adopted in 2008, was "invalid and unenforceable" because it amounted to a second sanction and did not comply with the World Anti-Doping Agency code. It said the rule amounted to a "disciplinary sanction" rather than a matter of eligibility.

Merritt, the American 400-meter gold medalist in Beijing, had been ineligible under the IOC rule to compete in London even though he completed his doping ban this year after testing positive for a banned substance found in a male-enhancement product.


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