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Government seeks tough sentence against NY lawyer
Breaking Legal News | 2010/07/15 10:15

A judge was poised to decide whether the government and some fellow judges were right when they said a 70-year-old former civil rights lawyer convicted in a terrorism case received too much leniency when she was sentenced to just over two years in prison.

U.S. District Judge John Koeltl was to resentence attorney Lynne Stewart on Thursday after considering the comments of appeals court judges who said he should review the role of terrorism in her case and consider if she lied when she testified at her trial.

Stewart, facing up to 30 years in prison, was sentenced to two years and four months after her conviction on charges that she let blind Egyptian Sheik Omar Abdel-Rahman communicate with a man who relayed messages to senior members of an Egyptian-based terrorist organization.

Abdel-Rahman is serving a life sentence for conspiracies to blow up New York City landmarks and assassinate Egyptian President Hosni Mubarak. Stewart represented him at his 1995 trial.

Stewart was sentenced in 2006 but was permitted to remain free until the appeals court ruled last November.

Initially, the 2nd U.S. Circuit Court of Appeals ordered a resentencing that did not seem to pressure Koeltl to boost the length of the sentence considerably. But it revised its decision a month later, saying it had "serious doubts" whether her sentence was reasonable.

The appeals court said Koeltl might have erred if he decided the terrorism enhancement should not be applied because of Stewart's personal characteristics.



Ruling on Visteon retiree benefits overturned
Bankruptcy | 2010/07/15 08:13

A federal appeals court has overturned rulings allowing auto parts supplier Visteon Corp. to terminate its retirees' health and life insurance benefits.

In a ruling Tuesday, the appeals court in Philadelphia sided with attorneys representing some 2,100 retirees from two Visteon manufacturing plants in Indiana.

A Delaware bankruptcy judge concluded in March that the retirees did not have vested rights in the benefits, and that Van Buren Township, Mich.-based Visteon could terminate them unilaterally. That decision was upheld by a federal district court judge in Delaware.

But the appeals court agreed with the retirees that Congress, through the bankruptcy code, intended to restrict a debtor's ability to modify or terminate retiree benefits during a Chapter 11 case, regardless of whether it could terminate those benefits outside of bankruptcy.



Law firm offering reward for finding killer of UT student
Legal Business | 2010/07/15 07:15

A local law firm is now offering a reward for information that leads to the capture of the person who shot and killed University of Tampa student Ryan McCall last August.

McCall and a friend were walking near the campus when a man robbed and shot them. The law firm of Winters and Yonker wants to give $50,000 to anyone who leads police to McCall's killer.

A cell phone recording of the exchange that happened the night McCall died captured an unknown voice saying, "Get over here. Get the (expletive) over here. Get over here. Get over here. Get the (expletive) over here. Get over here."

If you have any information that could help lead police to Ryan McCall's killer, call Crime Stoppers at 1-800-873-TIPS.



US transfers Gitmo prisoner to Yemen
International | 2010/07/15 06:13

A Guantanamo Bay prisoner has been transferred to his homeland of Yemen, the U.S. Defense Department announced on Tuesday, after a U.S. district court ordered the longtime detainee's release.

The release of 26-year-old Mohammed Odaini after eight years at Guantanamo Bay was an exception to the Obama administration's freeze on prisoner transfers to the turbulent country after the failed attempt to blow up a Detroit-bound airliner on Christmas Day. Al-Qaida in the Arabian Peninsula has claimed responsibility for the failed attempt.

"The suspension of Yemeni repatriations from Guantanamo remains in effect due to the security situation that exists there. However, the administration respects the decisions of U.S. federal courts," the Pentagon said in a statement.

Yemen, a poor country with a weak central government on the southern tip of the Arabian Peninsula, has struggled to confront a growing al-Qaida presence.

American worries about Yemen's ability to fight al-Qaida heightened last year after several Yemeni detainees who had been released from Guantanamo Bay in Cuba resurfaced as leaders of an al-Qaida offshoot. Those concerns deepened in the wake of the failed Christmas attack.



Specter, Yes; Wicker, No, as Kagan vote draws near
Politics | 2010/07/15 06:12

Sen. Arlen Specter says he will support the nomination of Elena Kagan to the Supreme Court despite what he calls her "non-answers" to senators' questions during confirmation hearings.

In an op-ed piece published Thursday in USA Today, the Pennsylvania Democrat and past critic of Kagan said she "did just enough to win my vote."

Specter, a member of the Senate Judiciary Committee, cited Kagan's openness to televised Supreme Court proceedings and her pick of Justice Thurgood Marshall as her role model.

Specter voted last year against confirming Kagan to her current post as solicitor general. He was then a Republican, and has said he opposed her because she wouldn't answer questions about how she'd approach cases.

Specter, who switched parties last year, acknowledged in his op-ed that Kagan was following other high court nominees in giving evasive responses. "But her non-answers were all the more frustrating, given her past writings that the hearings were vacuous and lacked substance," he wrote, referring to a 1995 book review by Kagan that criticized Supreme Court confirmation hearings.



NY judges may limit filmmaker raw footage ruling
Breaking Legal News | 2010/07/15 03:11

Federal appeals court judges in New York may limit the amount of raw footage that a filmmaker must turn over from his documentary about a legal dispute between Chevron and Ecuadoreans over oil contamination.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals heard arguments Wednesday after lawyers for filmmaker Joseph Berlinger appealed a judge's order requiring the materials to be provided to Chevron.

The judges showed little sympathy for Berlinger's claims that he should not have to turn over any raw footage.

The judges say they could order that the outtakes be limited to materials essential to Chevron's effort to prove it is being unfairly treated by the courts in Ecuador.



Both sides allege fraud in Dole case
Court Watch | 2010/07/14 09:49

Lawyers for Dole Foods and six Nicaraguan plaintiffs suing them have accused each other of fraud in heated closing arguments as a judge ponders whether to dismiss a $2.3 million award to purported banana workers.

The Dole defense team noted Monday that plaintiffs' lawyer Steve Condie never called the six plaintiffs to testify in the current hearing and has not even met them. Condie accused Dole of bribing whistleblower witnesses and conspiring to remove plaintiffs' lawyers from the case. He acknowledged there was fraud but said his six clients were "clean."

Judge Victoria Chaney threw out a similar case after testimony that plaintiffs pretended to be banana workers and faked lab tests to falsely show they were rendered sterile by pesticides on Dole banana farms.



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