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Senate panel advances liberal appeals court pick
Political and Legal | 2010/05/13 08:01

President Barack Obama's liberal pick for a San Francisco-based appeals court, Goodwin Liu (Loo), has survived his first Senate test but still faces strong Republican opposition.

The Judiciary Committee voted 12-7 on Thursday to recommend confirmation of the law professor and associate dean of the University of California law school at Berkeley.

Republicans have assailed Liu's liberal writings. The nominee, at an earlier hearing, testified that his personal views would never have a role if he's confirmed to the 9th U.S. Circuit Court of Appeals.



German court orders wireless passwords for all
International | 2010/05/13 06:02

Germany's top criminal court ruled Wednesday that Internet users need to secure their private wireless connections by password to prevent unauthorized people from using their Web access to illegally download data.

Internet users can be fined up to euro100 ($126) if a third party takes advantage of their unprotected WLAN connection to illegally download music or other files, the Karlsruhe-based court said in its verdict.

"Private users are obligated to check whether their wireless connection is adequately secured to the danger of unauthorized third parties abusing it to commit copyright violation," the court said.

But the court stopped short of holding the users responsible for the illegal content the third party downloads themselves.

The court also limited its decision, ruling that users could not be expected to constantly update their wireless connection's security — they are only required to protect their Internet access by setting up a password when they first install it.

The national consumer protection agency said the verdict was balanced.



Elderly Conn. sister can keep full lottery prize
Court Watch | 2010/05/13 04:03

A judge says an elderly Connecticut woman doesn't have to share her half of a $500,000 lottery windfall with the sister who sued her over it.

Eighty-seven-year-old Rose Bakaysa and her 84-year-old sister, Theresa Sokaitis, have been fighting over the money in court since 2005. That was shortly after Bakaysa and their brother won the Powerball jackpot.

Sokaitis says they signed a notarized contract a decade earlier to split all gambling profits. Bakaysa says that deal ended in 2004 during a spat over a few hundred dollars.

New Britain Superior Court Judge Cynthia Swienton on Wednesday agreed with Bakaysa, ruling the contract ended during the argument.



CPA firm seeking payment from law firm for tax prep
Legal Business | 2010/05/12 10:07

A Charleston accounting firm is suing a Charleston law firm for helping them avoid a visit from the tax man.

Grigoraci, Paterno and Associates filed suit on April 30 against the Law Offices of John R. Mitchell Jr. In their complaint filed in Kanawha Circuit Court, GPA alleges Mitchell owes them nearly $20,000 for helping prepare the firm's federal, state and local taxes from 2005 to 2007.

In its suit, GPA says it prepared Mitchell's 2005 and 2006 federal and state corporate income tax returns. The work they performed included filing extensions.

For the 2005 calendar year, GPA says it prepared for Mitchell "Forms W-2, W-3, 1099s and other business and payroll tax returns."

Also, during the 18-month period from Jan. 16, 2006, to July 31, 2007, GPA says it performed a variety of accounting services for Mitchell, a former state Senator. Those included quarter tax returns and reports, bookkeeping and unspecified consulting services.

Furthermore, GPA prepared both Mitchell's corporate business license return and Kanawha County property tax return for the 2006-2007 fiscal year. In April 2007, GPA says it also aided Mitchell in complying with an audit performed by BrickStreet Mutual Insurance Company.

Since then, GPA alleges Mitchell made payments for the services provided. However, they allege Mitchell still owes $18,900 for which it has "failed and wrongfully refused to pay."

GPA seeks judgment against Mitchell for the outstanding balance of $18,900 plus a one percent late payment charge, attorneys fees, court costs and interest. They are represented by Donald L. Stennett with the Charleston law firm of Robinson and McElwee.



Blagojevich denied trial delay by appeals court
Breaking Legal News | 2010/05/12 10:05

A federal appeals court has turned down former Illinois Gov. Rod Blagojevich's latest request to delay his corruption trial.

The 7th U.S. Circuit Court of Appeals said Tuesday it has no jurisdiction to delay the trial set to get under way June 3.

Defense attorneys want the trial put on hold until the U.S. Supreme Court resolves challenges to a federal statute that forms the basis for a number of charges Blagojevich faces.

U.S. District Judge James B. Zagel had already twice refused to grant a delay.

Defense attorney Sam Adam has said he's prepared to go to the U.S. Supreme Court.

Blagojevich has pleaded not guilty to charges he schemed to use his power as governor to make appointments by selling or trading President Barack Obama's former U.S. Senate seat.



Fla. man who caused flight diversion due in court
Criminal Law | 2010/05/12 08:06

A Florida man accused of causing a trans-Atlantic flight to be diverted to Maine is due in federal court for a detention hearing.

Prosecutors say Derek Stansberry got the attention of the flight crew and passed them a note that said he had a fake passport. Later, he told air marshals that he had dynamite. The April 27 flight from Paris to Atlanta ended up landing at Bangor International Airport.

Defense lawyer Virginia Villa initially sought a competency hearing but she now says that Stansberry is competent. He'll appear before a magistrate judge Wednesday.

The former Air Force intelligence specialist was working for a defense contractor in Africa. Villa says his actions are out of character.



Ohio faced execution drug shortage
Law Center | 2010/05/12 05:05

A worldwide shortage of an anesthetic used in lethal injections almost kept Ohio from proceeding with an execution scheduled this week.

An attorney for the state warned a federal judge last week and again Monday the prisons department might not be able to find enough thiopental sodium for Thursday's execution.

Principal Assistant Attorney General Charles Wille (WIL'-ee) told U.S. District Court Judge Gregory Frost later Monday the prisons department eventually was able to get the proper supply of the anesthetic. That supply includes doses beyond what would be needed to put condemned inmate Michael Beuke (BYOO'-kee) to death for a fatal shooting.

Prisons spokeswoman Julie Walburn tells The Associated Press she doesn't think the shortage will affect other executions.

Beuke says he was brain-damaged at the time of the killing. He's asked for clemency.



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