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Ohio executes man for killing store owner in 1992
Breaking Legal News |
2008/11/19 09:02
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Ohio on Wednesday executed a man for the 1992 stabbing death of a collectibles store owner in Toledo, the state's second execution in as many months. Gregory Bryant-Bey, 53, died by lethal injection at 10:41 a.m. at the Southern Ohio Correctional Facility in Lucasville. Bryant-Bey's execution proceeded after the U.S. Supreme Court on Tuesday denied his request for a 60-day reprieve. He had wanted more time to present additional information about his case to Gov. Ted Strickland, who denied clemency Tuesday. Bryant-Bey was the second inmate put to death in Ohio since the end of an unofficial national moratorium on executions that began last year while the U.S. Supreme Court reviewed Kentucky's lethal injection procedure. Bryant-Bey was convicted in the Aug. 9, 1992, robbery and killing of Dale Pinkelman, who owned a sports collectibles and coin shop. He also faced a death penalty in the Nov. 2, 1992, killing of Peter Mihas, owner of The Board Room restaurant in downtown Toledo. After police arrested Bryant-Bey for Mihas' death, similarities between the two crimes led to charges in Pinkelman's slaying. A jury recommended life in prison for Bryant-Bey in the Mihas killing. |
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SEC charge will hit Cuban's 'every fan' rep
Securities |
2008/11/18 09:03
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Since buying the Dallas Mavericks eight years ago, Mark Cuban has turned the team around and made himself one of the most visible owners in pro sports. Along the way, he's picked up his share of critics. Some say he's a nuisance to the NBA, with more than $1 million in fines held up as evidence. Some Mavs fans say his constant baiting of officials merely leads to more calls against the team. Even his dancing skills have been panned, drawing an early round ousting from "Dancing With The Stars." But now Cuban is facing a much more serious allegation: The government saying he's an inside trader. Federal regulators filed a civil lawsuit Monday accusing Cuban of using confidential information to bail out of an investment and avoid about $750,000 in losses. Cuban denies doing anything wrong and insists his name will be cleared. Even if he loses in court, Cuban's penalties would be strictly financial — perhaps close to $3 million. Martha Stewart settled the civil part of her insider-trading case, but ended up going to prison for criminal charges related to it. Cuban isn't facing criminal charges. "It is a fascinating case," said Harold Degenhardt, who spent nine years prosecuting securities fraud as head of the Fort Worth office of the Securities & Exchange Commission and another 25 defending them in private practice. "This is a very difficult case for the SEC. I don't think they brought it lightly." According to the SEC case, Cuban told his broker to sell all his shares of Mamma.com after the company's CEO confidentially told him of a stock offering that would dilute the value of all existing shares, including Cuban's. By selling before the information became public and the price fell, Cuban avoided losses exceeding $750,000, the SEC said in its lawsuit. However, on Cuban's blog Tuesday was a statement from his attorneys that cites an interview with the CEO in which he says there was no agreement to keep information confidential. Thus, Degenhardt said late Tuesday, this could turn into a he-said, she-said trial, and those are always risky. |
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Calif. high court asked to hear gay marriage cases
Breaking Legal News |
2008/11/18 09:01
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The state attorney general and sponsors of the ballot initiative that banned same-sex marriage in California urged its Supreme Court to hear a series of lawsuits seeking to overturn the ban, saying the matter is too urgent to be unsettled. "The petitions raise issues of statewide importance, implicating not only California's marriage laws but also the initiative process and the Constitution itself," Attorney General Jerry Brown argued in his filing. "This court can provide certainty and finality in this matter," he said. Proposition 8, which passed with 52 percent of the vote earlier this month, overturned the high court's May decision legalizing gay marriage in California. The measure inserts language into the constitution limiting marriage to one man and one woman. Gay and civil rights groups, the city of San Francisco and other plaintiffs have asked the court to void the measure on the grounds that voters did not have the authority to make, what they say, is a fundamental constitutional change. There is no deadline for the justices to decide whether they'll take the cases. The litigation has made unwitting allies of supporters of the same-sex marriage ban and the attorney general, who voted against the proposition. Over the summer, anti-gay marriage groups sued Brown after his office changed the measure's wording to reflect that it would take away a right that same-sex couples then had. |
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Court issues injunction against United pilot union
Labor & Employment |
2008/11/18 09:00
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United Airlines said on Tuesday that a federal judge has barred its pilot union and four pilots from activities that disrupt the airline's activities. United had accused some pilots of abusing sick time and refusing to fly extra hours. Sick-outs in particular are not allowed under the Railway Labor Act, the federal law that governs airline labor relations. United said the judge in Chicago found that the actions of the Air Line Pilots Association had violated the act, and issued a preliminary injunction on Monday against four pilots and the union. United said it would next seek a permanent injunction. Over the summer United blamed the pilots for the cancellation of 329 flights between July 19 and July 27. The carrier said that cost it about $8 million in lost revenue and $3.9 million in operating profit. United filed the lawsuit on July 30. A spokesman for the United branch of ALPA did not immediately return a phone message seeking comment. "While there is always room for discussion and tough give-and-take about our business, deliberate actions that unfairly or unlawfully impact our customers and employees — and that keep us from achieving our full potential — will not go unchallenged," Chief Operating Officer John Tague said in an e-mail to United employees. |
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Protesters rally near Texas court in dragging case
Law Center |
2008/11/17 09:01
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Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist. About 60 people, led by a contingent from the New Black Panther Party and the Nation of Islam, met at the Lamar County Courthouse on Monday to bring attention to the death of Brandon McClelland. The groups later returned with about 200 protesters. Afterward, dozens of people chanting "No justice, no peace!" marched to a nearby church for a meeting. Authorities say two white suspects purposely ran over McClelland, who is black, following an argument on the way home from a late-night beer run in September. McClelland's body was torn apart as it was dragged some 70 feet beneath a pickup truck near Paris, a city about 95 miles northeast of Dallas with a history of tense relations between blacks and whites. The death came 10 years after James Byrd was killed in Jasper, another eastern Texas town. Byrd was chained to the back of a pickup by three white men and dragged for three miles. |
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Calif. clerks: When does gay-marriage ban begin?
Human Rights |
2008/11/14 09:01
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County clerks across California are clamoring for legal advice to resolve confusion about when to begin the gay-marriage ban that voters passed last week in a ballot initiative. At least three same-sex couples have obtained marriage licenses since the Nov. 4 passage of the measure overturning the state Supreme Court decision legalizing gay marriage. As California wrestled with the issue, a gay-rights activist on Thursday filed a complaint accusing the Mormon church of failing to report the full value of the work it did campaigning for the ban. And nationwide, gay marriage advocates planned dozens of rallies this weekend to speak out against the Election Day setback. Despite California Attorney General Jerry Brown's declaration that the state wouldn't recognize any gay unions after Election Day, confused clerks kept handing out licenses for days. Complicating matters further, some couples who signed their paperwork before Nov. 4 and have yet to say "I do" will be requesting civil marriage ceremonies, gay-rights attorneys say. County officials who inquired with Brown's office about how to handle the situation were told to ask the state's 58 county attorneys. That puts local authorities in the uncomfortable position of interpreting the law for themselves, said Merced County Clerk Stephen Jones, whose office allowed a male couple to fill out marriage forms on Nov. 5. |
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Wisconsin court says 1985 killer should be freed
Breaking Legal News |
2008/11/14 09:01
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A Wisconsin appeals court ruled Thursday that a man who killed a Catholic priest and two others in a church 23 years ago should be released from a mental hospital. Bryan Stanley had claimed to be a prophet sent to cleanse St. Patrick's Catholic Church in Onalaska when he gunned down parish priest John Rossiter, lay minister Ferdinand Roth Sr. and church custodian William Hammes in 1985. He was angry the priest was allowing girls to give Scripture readings during Mass. Stanley, who suffered from psychosis, was found not guilty by reason of mental disease and was committed indefinitely to Mendota, a state psychiatric hospital in Madison. The District 4 Court of Appeals said state lawyers failed to prove that releasing Stanley, 53, would present a danger to himself or the public. The decision overturns a ruling by a La Crosse County judge who had denied Stanley's request for release. Ferdinand Roth Jr., a retired police supervisor in La Crosse, Wis. and son of one of the victims, blasted the decision. He recalled that Stanley testified at a hearing last year there was not a 100 percent guarantee he would always take his medicine. |
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