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Court reinstates Wash. murder conviction
Court Watch | 2009/01/21 08:32
The Supreme Court has reinstated the murder conviction of the driver in a gang-related, drive-by shooting that horrified Seattle in 1994.

By a 6-3 vote, the court on Wednesday reversed a federal appeals court that had thrown out the second-degree murder conviction of Cesar Sarausad II.

The 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of unclear jury instructions. But the high court, in a majority opinion written by Justice Clarence Thomas, said there was "no evidence of ultimate juror confusion."

"Rather, the jury simply reached a unanimous decision that the state had proved Sarausad's guilt beyond a reasonable doubt," Thomas wrote.

In a dissenting opinion, Justice David Souter said an uncertain instruction from the trial judge merged with a "confounding prosecutorial argument" that included a "clearly erroneous statement of law."

"In these circumstances, jury confusion is all but inevitable and jury error the reasonable likelihood," wrote Souter, who was joined in his opinion by Justices John Paul Stevens and Ruth Bader Ginsburg.

Sarausad was convicted for his role as the driver in the shooting that killed a teenage girl outside a Seattle high school.

Sarausad was a 19-year-old freshman at the University of Washington at the time of the shooting. He drove the car from which Brian Ronquillo shot and killed 16-year-old Melissa Fernandes. She had nothing to do with the gang rivalry that led to the shooting.

Ronquillo was convicted of first-degree murder and sentenced to 52 years in prison. Sarausad got a 27-year sentence.

Sarausad admitted being the driver but denied knowing that Ronquillo had a gun, much less that he was planning to kill anyone.

The jury instructions at issue concerned whether, to be convicted of second-degree murder, Sarausad had to know that Ronquillo intended to use a gun and that someone could die as a result.



Court sides with police officers in search case
Breaking Legal News | 2009/01/21 08:31
The Supreme Court says police officers who searched a suspect's home without a warrant cannot be sued for violating his constitutional rights.

In ruling unanimously Wednesday for five officers attached to the Central Utah Narcotics Task Force, the court also abandoned a rigid, two-step test that it adopted in 2001 to guide judges in assessing alleged violations of constitutional rights.

Trial and appellate judges "should be permitted to exercise their sound discretion" in evaluating such claims, Justice Samuel Alito said in his opinion for the court.

Under the 2001 ruling, courts first had to determine whether an action amounts to a violation of a constitutional right and then decide whether the public official, often a police officer, should be immune from the civil lawsuit.

The case grew out of a search of the home of Afton Callahan of Millard County, Utah, in 2002.

An informant contacted police to tell them he had arranged to purchase drugs from Callahan at Callahan's trailer home.

Wearing a microphone provided by police, the informant entered the trailer and signaled police that a deal had been made. They entered the trailer without a warrant and arrested Callahan on charges of possession of methamphetamines.

Utah courts ruled that the evidence that was seized from Callahan's home could not be used against him. Other courts have allowed prosecutions to go forward under similar circumstances.

Callahan later sued the officers for violating his constitutional rights. A federal judge ruled the officers could not be sued because there is disagreement in the courts over whether the search was illegal.



NYC lawyer accused of $380M scam argues for bail
Law Center | 2009/01/20 08:39
A prominent lawyer accused of cheating hedge funds in a $380 million investment ruse argued to be freed on bail Thursday, saying in court documents he's no risk to flee because his U.S. ties are strong and his foreign connections are weak.


Marc Dreier said all his relatives live in the U.S. and only a few of his business associates or friends live abroad.

Dreier, 58, has been jailed without bail since he was arrested in early December as he returned from Canada. He could face up to 20 years in prison if convicted.

Dreier's lawyers have proposed that he be released on $10 million bond, secured by the signatures of his son and mother, and kept under house arrest with electronic monitoring and armed security guards approved by the government. He would be denied computer access and have only preapproved visitors.

The conditions would be similar to those of Bernard Madoff, who has confessed to losing up to $50 billion in a giant Ponzi scheme and is holed up at his multimillion-dollar penthouse.

Dreier, who led a law firm with more than 200 lawyers before his arrest, told a magistrate judge who will consider the bail issue that he no longer controls any money or assets in the United States or abroad.



Worldwide hopes soar for Obama inauguration
International | 2009/01/20 08:39
A world made weary by war, recession, joblessness and fear shed its collective burden Tuesday to celebrate the arrival of a new American president. Bulls and goats were slaughtered for feasts in Kenya and caterers prepared for black-tie balls in the capitals of Europe.

From Kenya and Indonesia, where Barack Obama has family ties, to areas around the world, Obama represented a volcanic explosion of hope for better days ahead.

The ascendance of the first African-American to the presidency of the United States was heralded as marking a new era of tolerance and possibility.

It was a reflection of Obama's sprawling, complex family tree that villages in places as diverse as Ireland and Kenya held special parties to celebrate their link to the new president.

An Irish village called Moneygall covered itself in red, white and blue bunting Tuesday in honor of Obama's connections, via a great-great-great grandfather named Fulmouth Kearney who emigrated to the United States in 1850. Road signs read "Moneygall welcomes our President, Barack Obama."



Much in Obama stimulus bill won't hit economy soon
Political and Legal | 2009/01/20 08:38
It will take years before an infrastructure spending program proposed by President-elect Barack Obama will boost the economy, according to congressional economists.

The findings, released to lawmakers Sunday, call into question the effectiveness of congressional Democrats' efforts to pump up the economy through old-fashioned public works projects like roads, bridges and repairs of public housing.

Less than half of the $30 billion in highway construction funds detailed by House Democrats would be released into the economy over the next four years, concludes the analysis by the Congressional Budget Office. Less than $4 billion in highway construction money would reach the economy by September 2010.

The economy has been in recession for more than a year, but many economists believe a recovery may begin by the end of 2009. That would mean that most of the infrastructure money wouldn't hit the economy until it's already on the mend.

The CBO analysis doesn't cover tax cuts or efforts by Democrats to provide relief to cash-strapped state governments to help with their Medicaid bills. But it illustrates just how difficult it can be to use public investment to rush money into the economy. It usually takes bids and contracts to announce such developments, which invariably take time.

Overall, only $26 billion out of $274 billion in infrastructure spending would be delivered into the economy by the Sept. 30 end of the budget year, just 7 percent. Just one in seven dollars of a huge $18.5 billion investment in energy efficiency and renewable energy programs would be spent within a year and a half.

And other pieces, such as efforts to bring broadband Internet service to rural and underserved areas won't get started in earnest for years, while just one-fourth of clean drinking water projects can be completed by October of next year.



Confessions, some chaos as Gitmo war court resumes
Breaking Legal News | 2009/01/20 08:37
Two of the five men accused of orchestrating the Sept. 11 attacks offered unapologetic admissions of guilt Monday in a sometimes chaotic — and possibly final — session of the Guantanamo war crimes court. The hearings, scheduled over several days, could be the last at Guantanamo, since President-elect Barack Obama has said he would close the offshore prison at the U.S. base in Cuba and many expect him to suspend the military tribunals and order new trials in the U.S.

Ramzi Binalshibh and Khalid Sheikh Mohammed, the self-proclaimed architect of the terrorist attacks, casually admitted taking part in the attacks during a series of outbursts as the translators struggled to keep up and the judge repeatedly sought to regain control.

"We did what we did; we're proud of Sept. 11," Binalshibh announced at one point in proceedings that dealt with a number of legal issues, including whether he is mentally competent to stand trial on charges that carry a potential death sentence.

Mohammed, who is representing himself, switched back and forth between Arabic and English, insisting at one point that a uniformed military lawyer assigned to assist him be removed from his defense table. The man, he said, represents the "people who tortured me," he said.

Mohammed shrugged off the potential death sentence he faces for charges that include the murder of nearly 3,000 people in the Sept. 11 attacks.



World Court says US defied order in death row case
Breaking Legal News | 2009/01/20 08:37
The International Court of Justice ruled Monday that the United States defied its order last year when authorities in Texas executed a Mexican convicted of rape and murder.

The U.N.'s highest court said the U.S. remains obliged to review the cases of about 50 other Mexicans on death row because they were denied access to their consulate after they were arrested.

But it rejected Mexico's request that Washington guarantee that each case will be reviewed and reconsidered.

Both Mexico and the United States said they were satisfied with elements of the decision.

"It was a mixed result," said John Bellinger III, the legal adviser to the U.S. State Department.

He said the court refused Mexico's main request to spell out the U.S. obligations toward the arrested Mexican nationals, which likely would have led to heightened demands on the U.S. courts. But he was "disappointed" the tribunal declined to acknowledge efforts by the Bush administration to comply with international law and with the court's order.

The Mexican government applauded the ruling in a statement and urged U.S. President-elect Barack Obama to "take concrete actions" to comply with the ruling and "respect the rights of all Mexican nationals." Obama takes office Tuesday.

The judgment ended a five-year cascade of proceedings in the wake of a 2004 decision by the same court that the U.S. had violated an international treaty by failing to advise 51 Mexicans of their consular rights. The court required that each case be reviewed to determine whether the lack of diplomatic access could have affected the outcome of their cases.



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