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Powerbroker tied to Nevada Sen. Reid goes to court
Breaking Legal News | 2012/06/07 23:47
A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.

Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.

Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.

Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.



Court denies dismissal of 8 WikiLeaks charges
Criminal Law | 2012/06/06 23:48
A military judge is refusing to dismiss eight of the 22 counts against an Army private charged in a massive leak of government secrets.

Col. Denise Lind made the ruling Friday during a pretrial hearing for Pfc. Bradley Manning at Fort Meade, Md.

She rejected defense arguments that the government used unconstitutionally vague language in charging Manning with unauthorized possession and disclosure of classified information.

Lind is considering another defense motion seeking dismissal of two counts alleging Manning exceeded his authority to access a Defense Department computer system.

She said Manning's trial, currently set for September, will likely start in November or January due to procedural issues.

Manning is charged with aiding the enemy and other offenses on accusations he caused thousands of classified documents to be published on the WikiLeaks website.



High court protects Secret Service agents
Breaking Legal News | 2012/06/04 09:29
The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.

The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.

The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.

But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.

The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.

Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards.


Ind. taxpayers lose high court fight over refunds
Breaking Legal News | 2012/06/04 09:28
The Supreme Court has turned down homeowners in Indianapolis who sought tax refunds when the city changed its plan for paying for a new sewer line.

In a 6-3 ruling Monday, the court upheld the city's decision to refuse to refund taxes that some homeowners paid up front while it forgave the remaining taxes for people who paid on an installment plan.

Those who paid in full complained that the disparate treatment violated the Constitution's Equal Protection Clause.

But Justice Stephen Breyer said in his majority opinion that Indianapolis acted properly in changing the payment system because it wanted to reduce the administrative headaches of debt collection.

In dissent, Chief Justice John Roberts said the court was wrong to endorse such a gross disparity in tax treatment.



Conway & Conway
Legal Business | 2012/06/02 09:29
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This type of unique experience has enabled the firm to successfully advocate for investors and others in the resolution of investment-related disputes such as securities fraud.

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The lawyers at Conway & Conway concentrate on the arbitration and litigation of issues arising from the relationships between public investors and broker / dealers. Those disputes range from breach of the broker's fiduciary duties to trading beyond the customer's suitability standards.

Conway & Conway offers a team of committed legal professionals dedicated to ongoing research and education in order to stay on top of the current and ever changing legal and regulatory issues. The firm is responsive and large enough to handle numerous cases, yet small enough to provide personalized service.

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Court: Judges shouldn't have overturned conviction
Breaking Legal News | 2012/05/29 10:12
The Supreme Court has overturned an appeals court decision that would have released a Pennsylvania man convicted of helping to kill a woman in an alley nearly two decades ago.

A federal appeals court ruled that there wasn't enough evidence to uphold the conviction of Lorenzo Johnson. Johnson was convicted of first-degree murder and conspiracy as an accomplice in the December 1995 shotgun murder of Taraja Williams.

The 3rd U.S. Circuit Court of Appeals said the evidence at trial was insufficient to prove that Johnson intended the victim's death, and a federal judge ordered Johnson's release.

But the high court, in reversing the decision, said it is longstanding precedent that it is up to juries, not judges, to decide what conclusions should be drawn from evidence submitted at trial. The only way that can be reversed is that "no rational trier of fact could have agreed with the jury," the justices said.



Kan. gov. signs measure blocking Islamic law
Breaking Legal News | 2012/05/26 14:49
Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.

The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.

"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."

But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law."


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