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California: Court Rejects Marijuana Limit
Court Watch | 2010/01/22 07:11
The State Supreme Court struck down a law that sought to limit the amount of marijuana a medical patient can legally possess. The court, in a unanimous decision, ruled that state lawmakers were wrong to change provisions of a voter-approved proposition in 1996 that allowed patients with a doctor’s recommendation to possess an unspecified amount of marijuana.

The Legislature mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana. The Supreme Court said only voters could change amendments that they have added to the St


Pool maker Latham says court OKs bankruptcy plan
Bankruptcy | 2010/01/22 06:11

Latham International, which makes swimming pools and parts such as liners, steps and ladders, said on Friday that a bankruptcy court approved a debt restructuring plan that will put the company into the hands of its lendersate Constitution through the initiative process.

Latham said it expects to come out of bankruptcy during the next few days.

The Latham, New York, company filed for bankruptcy in December in Delaware with a so-called prearranged plan in place that had the backing of the lenders that will now own it, including Littlejohn & Co, a private equity firm in Greenwich, Connecticut.



Court Sides With Trojans in "USC" Logo Dispute
Patent Law | 2010/01/21 09:23

After further review, the U.S. Patent and Trademark review board's decision stands.

A federal appeals court rejected South Carolina's petition to use the letters "USC" on the Fighting Gamecocks baseball team's uniforms. The decision upholds the Patent and Trademark Office board's ruling regarding the University of Southern California's claim to the logo.

Scott Edelman, an attorney representing USC, -- the LA USC -- said the ruling protects the school's "primary athletic mark." He said the logo, used on team clothing and equipment, brings in significant revenue.

Nobody would confuse a Trojan for a Gamecock, but he said people might mistake South Carolina merchandise for Trojan merchandise if the garnet-and-black of South Carolina and the cardinal-and-gold of Southern California both carried the same "USC" logo.



Supreme Court Upholds Ala. Man's Death Penalty
Court Watch | 2010/01/21 09:20

The U.S. Supreme Court upheld the death sentence of an Alabama man who claimed his attorneys failed to present key evidence of his borderline mental retardation. The justices said the defense made a strategic decision, not a negligent omission.

Holly Wood shot and killed his ex-girlfriend as she slept in her Troy, Ala., home in 1993. Wood lost his appeal in state court, but won habeas relief in federal court. The district court criticized the defense for putting an inexperienced attorney in charge of the penalty phase. According to the federal judge, the state court's holdings constituted "an unreasonable application of federal law."

It ordered the state to either resentence Wood to life without parole or conduct a new sentencing hearing.The Supreme Court upheld the 11th Circuit's reversal, saying it wasn't "unreasonable" to conclude that Wood's attorneys had made a strategic decision not to introduce evidence of Wood's mental deficiencies.
   
"Most of the evidence Wood highlights ... speaks not to whether counsel made a strategic decision, but rather to whether counsel's judgment was reasonable - a question we do not reach," Justice Sonia Sotomayor wrote for the 7-2 majority.



Judge: Kilpatrick at fault, he must pay $320,000
Court Watch | 2010/01/21 04:23

The end was almost certainly worse than what Kwame Kilpatrick expected.

Grilled for six days on the witness stand -- his integrity questioned by prosecutors who said that if they couldn't send him to jail, they'd settle for $225,000 -- Kilpatrick's restitution hearing ended after four months Wednesday with a judge calling him a liar and demanding he cut a check for far more than even prosecutors expected.

"You have not been credible in this courtroom and you, again, have not been honest to the City of Detroit," Wayne County Circuit Judge David Groner told Kilpatrick, who sat stone-faced. "The court finds the defendant's conduct in this matter reprehensible."

Compounding the former mayor's woes was news that broke just as he arrived at court: His longtime friend and ex-mayoral aide, DeDan Milton, had been indicted on federal bribery and extortion charges, another indication the feds are tightening focus on Kilpatrick.



Report: Judge shouldn't lose job for closing court
Law Center | 2010/01/21 04:20

An embattled Texas judge who closed her court before a death-row inmate could file his final appeal should not lose her job or receive any further punishment beyond the "public humiliation" she has faced, a judge presiding over her ethics trial said in a report released Wednesday.

Judge Sharon Keller still faces five judicial misconduct charges for refusing to keep her court open past 5 p.m., and the state commission that will ultimately decide Keller's fate is not bound by the recommendations in Wednesday's report.



Ex-Manhattan Prosecutor Morgenthau Joins Wachtell
Legal Business | 2010/01/20 09:45

Former Manhattan District Attorney Robert Morgenthau said he’s joining the New York-based law firm of Wachtell, Lipton, Rosen & Katz.

Morgenthau, 90, left office last month after 34 years as New York City’s top prosecutor. At Wachtell, the firm known for advising Wall Street clients on merger advice, he will be of counsel, a non-partner position.

“I have long admired Wachtell Lipton for not only its outstanding reputation as a law firm, but also for its devotion to and support for advancing the law and the legal profession, education and service to New York and the nation,” Morgenthau said in a statement.

Morgenthau began his prosecutorial career when President John F. Kennedy appointed him U.S. Attorney in 1961. As district attorney he prosecuted money-laundering, securities-fraud and tax-evasion cases, including one against former Tyco International Ltd.’s former chief L. Dennis Kozlowski, who was convicted in 2005 of looting the company.

Wachtell has its sole office in New York. It advised Bank of America Corp. in its purchase of Merrill Lynch & Co., JPMorgan Chase & Co. in its purchase of Bear Stearns Cos. and Wells Fargo & Co. in its acquisition of Wachovia Corp. A co- founder, Martin Lipton, created the “poison-pill” takeover defense.



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