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Ohio plans first execution since moratorium
Breaking Legal News | 2008/07/11 03:35
Ohio is planning its first execution since a U.S. Supreme Court decision ended a national pause on killing inmates.

The Ohio Supreme Court on Friday set an execution date of Oct. 14 for Richard Cooey, who was convicted of raping and murdering two University of Akron students in 1986.

Executions had been put on hold nationally for several months until the U.S. Supreme Court decided in April to allow Kentucky's lethal injection process, which is similar to the one used in Ohio. Opponents argued the procedure is unconstitutionally cruel.



McLaren to pay court costs to Ferrari after spying
International | 2008/07/11 02:36
The McLaren team settled its legal dispute with Ferrari on Friday, agreeing to pay the Italian team's court costs from the Formula One spying scandal.

McLaren apologized last December after Ferrari data and documents were found at its chief designer's home, resulting in a $100 million fine for McLaren and disqualification from the 2007 constructors championship.

McLaren said Friday that both sides had agred to bring the dispute to a final conclusion. The exact terms of the deal were not released, but Ferrari said it would donate the payment from McLaren to charity.

The Italian team said it would continue to pursue its case against former Ferrari mechanic Nigel Stepney. Stepney was head of performance development at Ferrari in July 2007 when the scandal broke after a 780-page technical dossier on Ferrari cars was found at the home of McLaren chief designer Mike Coughlan.

Stepney and Coughlan were later fired by their teams.



Wisconsin law bans sex with dead bodies
Criminal Law | 2008/07/10 09:18
Wisconsin law bans sex with dead bodies, the state Supreme Court ruled Wednesday in reinstating charges against three men accused of digging up a corpse so one of them could have sex with it. The court waded into the grisly case after lower court judges ruled nothing in state law banned necrophilia. Those decisions prompted public outrage and a push by a state lawmaker to make sex with a corpse a crime. In Wednesday's 5-2 decision, the high court said Wisconsin law makes sex acts with dead people illegal because they are unable to give consent.

The ruling reinstates the attempted sexual assault charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 22. The charges carry a punishment of up to 10 years in prison.

Justice Patience Roggensack, writing a majority opinion with three other justices, said state law bans sexual intercourse with anyone who does not give consent "whether a victim is dead or alive at the time."

"A reasonably well-informed person would understand the statute to prohibit sexual intercourse with a dead person," she wrote.

Jefren Olsen, an attorney who represented Radke, said the decision was flawed because the law was never intended to punish necrophilia.

"Obviously, the facts are rather notorious and not the easiest to deal with," he said. "I assume that had some impact."

Police say the three men, carrying shovels, a crowbar and a box of condoms, went to a cemetery in southwestern Wisconsin in 2006 to dig up the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.

Nicholas Grunke had seen an obituary photo of her and asked the others for help digging up her corpse so he could have sexual intercourse with it, prosecutors say.

Authorities say the men used shovels to reach her grave but were unable to pry open the vault. They fled when a car drove into the cemetery and were eventually arrested.

The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. The case has been on hold as prosecutors appealed the dismissal of the assault charges.

Suzanne Edwards, a lawyer representing Nicholas Grunke, said she was disappointed in the decision. She said the men will be arraigned on the charges and have a chance to plead not guilty.

Attorney General J.B. Van Hollen, whose office represented prosecutors in the appeal, praised the decision.

"Words matter and the Legislature chose its words carefully to extend the sexual assault law to those heinous circumstances where a dead person is sexually assaulted, whether or not the defendant killed the victim," he said. "Necrophilia is criminal in Wisconsin."

The decision brings Wisconsin into line with more than 20 other states that prohibit necrophilia or the abuse of a corpse, according to the National Conference of State Legislatures.



Imprisoned Vick files Chapter 11 bankruptcy
Bankruptcy | 2008/07/10 07:19

Seven months after Michael Vick was sentenced to federal prison, the fallen Falcons quarterback found himself in a “precarious financial position” and filed for bankruptcy. One of his creditors is the Falcons.

In Chapter 11 documents filed in federal court in Virginia on Monday, Vick cites debts of between $10million and $50million. He also cites assets in the same range.

In the court documents, Vick lists seven creditors, including the Falcons, that are owed a total of $12.8million. The debt to the Falcons is for $3.75million, listed as a prorated signing bonus. The documents indicate the claim is disputed.

A Falcons spokesman said the team would not comment on Vick's bankruptcy.

Vick is serving a 23-month sentence in Leavenworth, Kan., for his guilty plea in federal court to felony charges related to dogfighting. His release date is July20, 2009.

The largest of Vick's creditors is Joel Enterprises with a claim of $4.5million. Andrew Joel, a Richmond, Va., sports agent, filed a lawsuit against Vick in 2006 claiming he reneged on an endorsement deal agreed upon after he left Virginia Tech early for the NFL.

Another creditor listed is Radtke Sports, of Woodstock, Ga., for $550,000. According to the attorney for Radtke Sports, which sells sports memorabilia, Vick had an exclusive autograph deal with the company and he can no longer fulfill his obligation because of his imprisonment.



Florida Divorce Law Firm Offers Online Services a la Carte
Legal Marketing | 2008/07/10 05:20
DivorceDeli.com, a low cost online divorce law firm focused on customer service, is dishing up a menu of divorce services for couples ready to "86" their marriage - but not interested in a full-on battle with their soon-to-be ex.

Developed over 18 months by divorce attorney Steven D. Miller in consultation with the Florida Bar and in compliance with its strict tradename regulations, DivorceDeli.com is a customer service Divorce Law Firm. Miller crafted an informative site, including video help, attractive design and most commonly requested Florida Divorce services to ensure both the product and trade name were descriptive - without inferring a promise or particular result.

"It's a catchy name that consumers will remember. But we agreed to change the trade name so consumers realize this doesn't make online divorce easy," said Miller, a pioneer in online divorce services, who changed his original site -- DivorceEZ.com -- after the bar received an anonymous complaint. "DivorceDeli streamlines the process to make it easier than hiring traditional Florida Divorce lawyers, and more thorough and effective than filing services."

Designed like a deli menu, DivorceDeli.com is a la carte. Its $249 basic service can be a fast path to an amicable "online" divorce. Got kids? Order the "online" Divorce with children. Need to divide assets. That's on the menu, too. If desired, no court appearance is required. This makes DivorceDeli service perfect for couples already separated, or military couples with a spouse deployed overseas. Customers even receive free biscotti baked by Miller's wife Amy with every order.

Here's how DivorceDeli.com works: A person or couples seeking divorce in any of Florida's 67 counties log on and review the menu of divorce services. They can select based on their needs, for example whether it's a simple splitting of assets, or child custody is involved. In every case, phone orders are welcome and consultation with an attorney is required. The Law Firm accepts payment by Paypal, credit card or money transfer.

This is a departure from divorce attorneys who earn more the longer a divorce lasts, and self-help centers, paralegals or document preparers who aren't attorneys, can not give Florida Divorce Law advice and legally are not allowed to represent clients, Miller said.
Miller intends to transform and relaunch DivorceEZ.com into a unique non- law firm online service. Miller, a Massachusetts native and member of that state's bar association, plans to launch DivorceDeli.com in the Bay State.

About DivorceDeli.com.

Founded in 2006 and relaunched in 2008 by Steven Miller, Esq., DivorceDeli.com is a Plantation, Florida, law firm that provides fast, reliable and inexpensive divorce representation statewide. To learn more, visit www.DivorceDeli.com or call Steven Miller at 877-348-3354.


Obama targets women's issues with Clinton at hand
Politics | 2008/07/10 05:18
Going after the women's vote, Democrat Barack Obama chastised Republican John McCain on Thursday over his opposition to an equal-pay Senate bill, his support for conservative-leaning Supreme Court justices and his abortion-rights objections.

"I will never back down in defending a woman's right to choose," the likely Democratic nominee said, drawing a sharp contrast with his GOP rival.

"That's what's at stake," Obama added as he campaigned with his half-sister and Hillary Rodham Clinton, the pioneering former first lady he toppled during the Democratic presidential primary, at a "Women for Obama" breakfast fundraiser.

Obama packed his day with female-focused events in New York and Virginia, a reminder of his need to win over women who include some still smarting from Clinton's loss. She had tried to become the first woman to win the White House, and women were her base voters. They took her defeat hard, so much so that even a few are promising to vote for McCain.

Thus, to underscore his differences with McCain on women's issues, Obama cited Senate legislation from the spring that sought to counteract a Supreme Court decision limiting how long workers can wait before suing for pay discrimination.



Japan to scrap iPod copyright fee
Venture Business News | 2008/07/10 03:21
Japan will stop pushing for legislation to charge royalties on the sales of iPods and other portable digital music players, giving in to opposition from electronics makers, officials said Thursday.

What is being dubbed here as "the iPod tax" has been tossed around for years. The tax would allow about 1 percent to 3 percent of the price of a digital recording device to go to recording companies, songwriters and artists.

The Agency for Cultural Affairs had hoped to submit legislation to Parliament as early as this fall.

But amid a flurry of criticism from electronics makers, a meeting of a panel studying the proposal failed to reach any agreement Thursday, agency official Masafumi Kiyota said.

"At this point, there is virtually no hope for getting the legislation passed," he said.

The panel agreed to continue talking, but no date has been set, Kiyota said.

Despite an aggressive push by the Japanese recording industry, a similar proposal to impose an "iPod tax" fell apart in December 2005.

The cultural agency proposed a compromise in May to charge only portable digital music players, such as iPods, and digital hard disk recorders. But the manufacturers resisted, saying more equipment could be added as a source for royalties.

Older devices, such as minidisk and DVD recorders, are already subject to copyright fees in Japan. The payments are included in the price tag so most shoppers aren't even aware they're paying it.



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