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Inmate Wins Supreme Court Review
Headline News |
2008/03/17 23:58
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A Texas inmate acting as his own attorney persuaded the Supreme Court on Monday to hear his case. Carlos Jimenez was sentenced to 43 years in prison in 1995 after pleading guilty to burglary and violating the terms of his probation. Jimenez had a prior felony conviction for aggravated assault with a deadly weapon. In 2005, acting as his own lawyer, Jimenez petitioned a federal court, challenging his burglary conviction and asserting that he had not received proper legal representation when he went before the state courts in San Angelo, Texas. The federal judge said Jimenez had waited too long to file his petition and refused to extend the deadline. Federal law gives state inmates one year after a conviction is final to petition a federal court for review of their cases. At issue is Jimenez's argument that the one-year clock should have started all over again in 2005 because of the unusual circumstances of his case. In 1996, a state appeals court dismissed Jimenez's appeal after a court-appointed lawyer said in court papers that in his professional opinion, Jimenez had no grounds for an appeal. Nearly six years later, the Texas Court of Criminal Appeals agreed to let Jimenez file an appeal based on his argument that his attorney in 1996 had not properly notified him of what the attorney was planning to do. The appeals court wrapped up its work on Jimenez's belated petitions in 2005, after affirming his conviction and sentence. |
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Court Will Decide Wash. Shooting Case
Headline News |
2008/03/17 23:57
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The Supreme Court agreed Monday to consider reinstating the murder conviction of the driver in a gang-related drive-by shooting that horrified Seattle in 1994. The court will hear arguments in the fall in the case of Cesar Sarausad II. He was convicted for his role as the driver in the shooting in which Melissa Fernandes, 16, was killed and Brent Mason, 17, was wounded outside a Seattle high school on March 23, 1994. The 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of faulty jury instructions. In his instructions to the jury, Judge Larry A. Jordan said Sarausad could be convicted of murder regardless of whether he knew of any plan for a killing. The appeals panel ruled that the jury should have been told Sarausad could be convicted of murder only if he knew what was being planned. The state of Washington asked the Supreme Court to reinstate the conviction, which had been upheld by state appeals courts. |
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Lake Stevens to halt drug testing after court ruling
Headline News |
2008/03/14 16:22
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Lake Stevens School District plans to suspend student drug testing after the Washington State Supreme Court ruled today that testing of student athletes is unconstitutional.
The district’s lawyer needs to review the court decision, spokeswoman Arlene Hulten said.
“On first blush, it looks like this ruling would impact our programs and we’d have to stop our random drug testing programs for grades 9 to 12,” she said.
Lake Stevens High School is one of the few in the state that uses random drug tests. In a controversial move, the school began testing students involved in extracurricular activities for drugs in 2006.
The tests have helped motivate kids to avoid drugs, Hulten said.
The court unanimously ruled in support of a challenge brought against the Wahkiakum School District's policy of random urine tests of middle school and high school student athletes. |
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Man in Iced Body Probe Pleads Not Guilty
Headline News |
2008/03/11 11:00
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A man arrested after police found a woman's body packed in dry ice in his hotel room pleaded not guilty Monday to two drug-related charges. Stephen David Royds, 46, is charged with one count each of the sale or transport of a controlled substance and possession of a controlled substance with intent to sell. A prosecutor said the substance was cocaine. Orange County Superior Court Judge Derek G. Johnson set Royds' bail at $1 million. Royds was arrested Thursday after police found the body of Monique Trepp packed in dry ice in a large Rubbermaid container in his hotel room. Police had obtained a warrant to search Royds' room for drugs. An autopsy concluded that Trepp's death was not a homicide and Royds has not been charged with killing her. Toxicology reports were pending, but Dennis Conway, an Orange County assistant district attorney, said it appeared the 33-year-old died of an overdose. Royds' court-appointed public defender, Richard Carmona, did not make himself available to reporters after the brief hearing and didn't immediately return a call for comment. In addition to finding Trepp's body, investigators found drug paraphernalia, drugs and Christmas presents in Royds' room, Conway said. Police and prosecutors have released few other details about the case, including how long Trepp's body was kept in the room. Conway said she had been dating Royds. Royds has a prior drug conviction in Orange County in 2002, but did not appear for sentencing. Even if he were to post the $1 million bail on the new charges, he would be held with no bail on the older case, Conway said. |
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US cracks multimillion-dollar piracy ring
Headline News |
2008/03/10 16:25
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Two brothers in the US have been given lengthy jail terms for selling large amounts of pirated computer software. A federal court in Alexandria, Virginia sentenced Maurice Robberson, 48, to three years in prison and ordered him to pay $855,917 in restitution. His brother Thomas Robberson, 55, was sentenced to 30 months in prison and ordered to pay $151,488 in restitution. Maurice Robberson pleaded guilty to conspiracy and felony copyright infringement, while his brother Thomas Robberson pleaded guilty to a single count of felony copyright infringement. Thomas Robberson grossed more than $150,000 selling software with a retail value of nearly $1m by operating Bestvalueshoppe.com and TheDealDepot.net. Maurice Robberson grossed more than $855,000 selling software with a retail value of nearly $5.6m through CDsalesUSA.com and AmericanSoftwareSales.com. Both brothers have agreed to forfeit all proceeds from the illegal businesses. "People who steal the intellectual property of others for their personal financial gain, while defrauding consumers who think they are buying legitimate products, will be punished for their crimes, as today's sentences prove," said Assistant Attorney General Alice Fisher. |
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Pfizer Protects Celebrex Patent From Teva
Headline News |
2008/03/08 19:12
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Pfizer continued to serve up the pain to Teva Pharmaceutical Industries on Friday when the company reaffirmed its patents on the arthritis pain drug Celebrex. The U.S. Court of Appeals of the Federal District said that two of the three patents were valid, but threw out the third, saying that it was not valid for the treatment of inflammation. Teva will now have to wait until May 2014 to market the copycat. Celebrex provided Pfizer with annual global sales of $1.7 billion in 2007. Bear Stearns analyst project that it will reach global sales of $2.5 billion in 2008, an increase of 9%, and that the drug will pull in $3.1 billion by 2012. The New York-based pharma company has been battling it out with Teva Pharmaceutical Industries to hang on to Celebrex for almost four years. Pfizer sued the Israel-based drug maker after it applied to U.S. regulators for permission to sell the generic in 2004. In March 2007, Pfizer won a ruling from a U.S. federal court over three of the main patents regarding Celebrex, barring Teva from manufacturing the generic until 2015. |
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US lawmaker fears open-ended US military pact in Iraq
Headline News |
2008/03/06 20:48
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A top lawmaker voiced fears Tuesday that US President George Bush's administration was negotiating deals with Iraq that would amount to an open-ended commitment to stage US combat missions there. Administration officials say formal US-Iraqi negotiations will begin later this month on a legal framework aimed at keeping security policy options open for both countries beyond 2008, when the UN mandate for US forces ends. David Satterfield, the State Department's coordinator for Iraq, told a joint meeting of two congressional subcommittees Tuesday that "the agreements will not tie the hands of the next president or indeed this president. "They will ensure that every policy option remains on the table," Satterfield told the lawmaking panels. "The size of the US presence in Iraq, the missions to be performed by such forces if forces are present, are decisions for the president and the next president to make," he added.
The so-called Strategic Framework and the Status of Forces Agreement (SOFA), he insisted, "will not include a binding commitment to defend Iraq or any other security commitments that would warrant Senate advice and consent. |
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