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Court reverses itself and restores woman's murder conviction
Law Firm Business | 2017/12/03 03:09
Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.


Spooked businesses shift headquarters out of Catalonia
Law Firm Business | 2017/10/10 13:58
As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.

Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.

The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.

But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."

"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.

"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations.



NC high court reviews death penalty of man who beheaded wife
Law Firm Business | 2017/10/06 13:59
North Carolina's highest court is reviewing whether justice means the death penalty for a survivor of El Salvador's blood-soaked civil war of the 1980s who strangled and then decapitated his estranged wife.

The state's Supreme Court hears oral arguments Monday on whether the state can execute 41-year-old Juan Carlos Rodriguez of Winston-Salem for the 2010 murder of his wife, Maria. The high court automatically reviews death cases.

North Carolina is rare among southern states in that it hasn't had an execution in more than a decade because of various legal challenges. While the state has continued to suffer 500 to 600 murders a year, prosecutors have sought the death penalty only a handful of times each year and juries have condemned killers in only a fraction of those cases.

Rodriguez's children told investigators their father beat and bloodied Maria Rodriguez after she told them she was leaving in November 2010. He tossed the woman's still-breathing body over his shoulder, placed her in his vehicle, and said he was taking her to a hospital. Maria's body and severed head were found at different locations three weeks later, after Juan was already jailed for her kidnapping.

Justices are holding hearings in the case for the second time in almost exactly a year. Monday's hearing comes after the U.S. Supreme Court ruled this spring that states needed to use current medical standards in deciding whether a killer is so mentally disabled he can't be executed. The U.S. constitution bans "cruel and unusual punishments," and that has been interpreted to prohibit executing people with severe mental shortcomings.

Rodriguez's IQ was estimated several times at below 70, a threshold for significantly impaired intellectual functioning. But accused killers in North Carolina also must show significant inability to adapt to daily life and that their mental handicaps were evident before adulthood.



Kenya Supreme Court says why it annulled presidential poll
Law Firm Business | 2017/09/22 09:04
Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.

The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote.

The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.

Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.



Former Pakistan PM challenges disqualification by court
Law Firm Business | 2017/08/16 16:07
A Pakistani official says former Prime Minister Nawaz Sharif has filed petitions with the Supreme Court to challenge his disqualification and removal from office.

Environment Minister Mushahidullah Khan, who is in Sharif's party, said Tuesday that the former prime minister's lawyers filed three petitions to review the verdict.

The court disqualified Sharif after documents leaked from a Panama-based law firm showed that his family held previously undisclosed overseas assets. A five-judge panel last month disqualified Sharif, accusing him of concealing assets.

Last week Sharif held a series of rallies across the country, criticizing the court ruling and seeking to whip up popular support.


Mental health court established for offenders on probation
Law Firm Business | 2017/08/03 23:09
A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.

Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.

People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.

The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.

The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.



US Supreme Court could hear Charleston company, Lexmark case
Law Firm Business | 2016/11/23 04:57
A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the U.S. Supreme Court in a dispute that could affect huge tech companies and pharmaceutical firms.

Lexmark, a Lexington, Kentucky-based printing corporation, sued Impression Products, accusing the company of patent infringement for selling its cartridges, The Charleston Gazette-Mail reported.

At issue is what is known as the first-sale doctrine, a principle limiting a patent holder's rights after a product has been sold once.

Impression Products argued Lexmark's patents on its cartridges are no longer effective after the cartridges are sold, allowing the smaller company to sell them freely. Lexmark cartridges can cost up to hundreds of dollars, and Impression Products sells used ones at a lower price.

In February, a federal court sided with Lexmark, saying the corporation's patent rights weren't exhausted, regardless of whether the cartridges were being purchased from U.S. or foreign suppliers — Impression Products has purchased toner cartridges from Canadian suppliers in the past.

Last month, the federal government recommended the Supreme Court review the case.

Impression Products President Eric Smith explained that while this doesn't guarantee that the justices will review the case, it sharply increases the probability of it happening.

The implications of the case go beyond ink cartridges, as Samsung and Google have backed Impression Products' argument. The tech giants operate foreign supply chains that would have to jump through additional hoops if the first-sale doctrine did not apply for foreign purchases. Pharmaceutical companies such as Pfizer have supported Lexmark, with a Lexmark victory likely giving their own patents greater protection.






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