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Court upholds conviction in parents' knife slaying
Legal Watch | 2011/08/16 16:31
The Michigan Court of Appeals has upheld first-degree murder convictions against an Oakland County man for stabbing his parents to death.

Mark Ott of White Lake Township was convicted in the fatal stabbings last year. The bodies of 57-year-olds Barbara and Michael Ott were discovered in February 2008 at their home in White Lake Township, about 30 miles northwest of Detroit.

On Wednesday, the he appeals court affirmed the jury's decision to find Ott guilty but mentally ill. Ott is serving the mandatory sentence of life without parole.

The appeals court vacated Ott's convictions on two counts of second-degree murder based on double jeopardy principles. The ruling says double jeopardy doesn't allow multiple punishments for the same offense.


2 plead not guilty in SF Giants fan attack
Legal Watch | 2011/08/11 17:39
Two men accused of brutally beating a San Francisco Giants fan outside Dodger Stadium pleaded not guilty Wednesday even though prosecutors said they had made admissions in the case.

Louie Sanchez, 28, and Marvin Norwood, 30, entered their pleas during a brief arraignment to charges of mayhem and assault and battery in the March 31 attack of Bryan Stow, a Santa Cruz paramedic who suffered severe brain injuries and remains hospitalized.

Prosecutor Frank Santoro said in court he did not object to a motion to allow television cameras in the courtroom because the case is built on admissions, not witness identifications.

“The case is based on admissions from both of them,” said Santoro, who provided no further details.

He said 20 witnesses had been asked to look at the men, but only one could positively identify Sanchez and no one recognized Norwood.


Pozen says Texas court upholds Treximet patents
Legal Watch | 2011/08/08 16:29
Drug developer Pozen Inc. said Monday that a Texas court upheld three patents supporting its migraine drug Treximet.

Pozen said the U.S. District Court for the Eastern District of Texas ruled that the patents were valid. The court also found that generic versions of Treximet developed by Par Pharmaceutical Co. and Dr. Reddy's Laboratories Ltd. infringed on all three patents, while a version developed by Alphapharm Pty Ltd. infringed on two patents. Teva Pharmaceutical Industries Ltd. had also challenged the patents, but was dismissed from Pozen's lawsuit in April 2010 after it agreed to abide by the court's decision.

The court said the Food and Drug Administration cannot approve the generics made by Dr. Reddy's and Par until Feb. 2, 2025, and that the agency can't approve the Alphapharm generic until Aug. 14, 2017.

Treximet is a combination of GlaxoSmithKline PLC's drug Imitrex and an anti-inflammatory drug developed by Pozen. GlaxoSmithKline markets the drug and pays royalties to Pozen. In the second quarter, those royalty payments accounted for $4 million of Pozen's $4.6 million in total revenue.

The FDA approved Treximet in April 2008 after years of delays, and Par filed for approval of its generic in October of that year.


Lawyer pleads guilty to $47 million Ponzi scheme
Legal Watch | 2011/08/06 16:16
An Arkansas lawyer and businessman admitted today to staging a Ponzi scheme that netted more than $47 million, a scam that a prosecutor called the largest case of fraud in state history.

Kevin Lewis, 43, pleaded guilty today to one count of bank fraud in federal district court in Little Rock. He could face up to 30 years in prison, though U.S. Attorney Christopher Thyer said Lewis would likely receive between 10 to 13 years.

He will also have to pay restitution of almost $40 million, though that number could go down further as banks work to recover their losses.

Lewis acknowledged that he issued paperwork for fake rural improvement bonds often used by developers to defraud several Arkansas banks starting with a small bond in 1997.

That money went to maintain his business interests across the state, which range from a law firm to a clothing company. He used the money to make the payments on past fake bonds and support a personal lifestyle that included a house valued at more than $1 million, fancy cars and vacations, Thyer said.

Meanwhile, the bank that bought almost $23 million of the fake bonds, First Southern Bank in Batesville, was placed into receivership by authorities, Thyer said. Lewis had purchased majority ownership of First Southern, using a loan from another Arkansas bank that was backed by the fake bonds.


Calif. court hears appeal on gay juror dismissals
Legal Watch | 2011/08/05 16:16
A federal appeals case pending in California could determine if trial lawyers should be barred from dismissing potential jurors because they are gay.

The U.S. 9th Circuit Court of Appeals heard arguments Thursday in Pasadena that challenge a Los Angeles prosecutor's decision to strike a lesbian from the jury in an assault case against a gay federal inmate.

The Los Angeles Times reports a favorable ruling could extend constitutional discrimination protections to homosexuality, along with race, creed and gender.

Inmate Daniel Osazuwa says he hugged a guard who was homophobic and he overreacted. The guard fell and Osazuwa landed on him.

A public defender argues the trial judge erred in dismissing a lesbian from the jury, but a prosecutor says she was let go for another legitimate reason.


NYC lawyer pleads guilty to tax charge
Legal Watch | 2011/08/04 16:15
A lawyer has pleaded guilty to not paying taxes on nearly $11 million in income while working at a major Wall Street law firm.

John O'Brien entered the plea Thursday in federal court in Manhattan.

The government had accused the 48-year-old O'Brien of failing to pay $2.5 million taxes on $10.8 million in income from 2001 to 2008. They say during that time, he splurged on a weekend home, international travel and a rare book business.

Prosecutors say O'Brien has agreed to pay $2.8 million in back taxes and interest. At his Nov. 16 sentencing, he faces a maximum of four years in prison, though the term will probably be shorter under sentencing guidelines.


Ex-Schuyler teacher seeks OK to plead guilty
Legal Watch | 2011/08/01 16:06
A former Schuyler teacher accused of sending nude photos and sexually explicit text messages to a student is asking to plead guilty.

The Columbus Telegram reports that 26-year-old Jesse Harmon faces federal charges of enticing a minor in sexually explicit conduct, visual depiction of sexually explicit conduct and possession of child pornography.

According to a document filed last month, Harmon requested permission to plead guilty.

A police affidavit filed in Colfax County District Court says Harmon's texts included nude photos of himself, talk about sexual contact and requests for suggestive photos of the 16-year-old student.

A federal hearing for Harmon is scheduled for Aug. 19. He had pleaded not guilty in the state case before it was dropped.


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