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Ohio jury visits apartment in microwave death case
Breaking Legal News | 2008/08/18 08:34
A jury in Dayton, Ohio, has visited the apartment where prosecutors say a woman killed her month-old baby by burning her in a microwave oven.

The visit came ahead of opening statements Monday in the retrial of 28-year-old China Arnold. She's charged with aggravated murder in the 2005 death of her daughter, Paris Talley.

Arnold has pleaded not guilty. She could face the death penalty if convicted.

A judge declared a mistrial in February after privately hearing testimony from a juvenile who said he was at the apartment complex the night the baby died. The judge did not reveal what the juvenile said.



Appeals court: Phil Spector's retrial can proceed
Breaking Legal News | 2008/08/16 08:34
A California court panel has decided that the retrial of Phil Spector on a murder charge can proceed.

A state appeals court on Friday rejected a defense request to halt the trial.

The music producer's attorneys had requested a stay of the trial so they could appeal on double jeopardy grounds. They also wanted assurance that prosecutors would not ask jurors to convict Spector of lesser offenses. The court denied both requests.

Spector's first trial resulted in a jury deadlock on second-degree murder. Prosecutors have not indicated whether they will seek a conviction on lesser offenses.

The 68-year-old is charged with killing actress Lana Clarkson at his home in 2003. His retrial is set for October.



Appeals court orders Cuban militant to stand trial
Breaking Legal News | 2008/08/15 03:28
 A federal appeals court on Thursday ordered Cuban militant Luis Posada Carriles to stand trial in El Paso on immigration fraud charges.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled that Posada, an 80-year-old anti-Castro militant, should stand trial on charges that he lied to federal authorities in his 2005 bid to become a U.S. citizen.

The criminal case against Posada had been dismissed last year when El Paso-based U.S. District Judge Kathleen Cardone ruled that the government engaged in trickery and deceit by using a naturalization interview to build a case against Posada.

Felipe Millan, one of Posada's lawyers in El Paso, said Posada's legal team was reviewing the decision and would decide on a course of action afterward.

In an e-mailed statement to The Associated Press, Justice Department spokesman Dean Boyd said, "We're pleased with the ruling and will proceed forward as appropriate."

The Cuban-born citizen of Venezuela is wanted in the South American country on charges that he orchestrated the 1976 bombing of a Cuban jetliner. He has denied any wrongdoing.

Posada was first arrested on a civil immigration violation in May 2005 after sneaking into the country from Mexico about two months earlier. Posada, a former CIA operative and U.S. Army officer, has claimed that he was brought across the border into Texas by a smuggler, but federal authorities have alleged that he actually sailed from Mexico to Florida.



Judge asked to seize $8B from Calif. treasury
Breaking Legal News | 2008/08/14 09:05
A federal court overseer asked a judge Wednesday to seize $8 billion from California's cash-strapped treasury to improve medical care at the state's overcrowded prisons.

Court-appointed receiver Clark Kelso said he needs the money over the next five years to build new medical units for 10,000 sick or mentally ill inmates.

Kelso also asked U.S. District Judge Thelton Henderson to hold Gov. Arnold Schwarzenegger and the state's controller in contempt of court if they don't allocate the money soon.

Federal courts have declared the health care system in California's 33 state prisons so poor that it violates inmates' constitutional rights. Kelso was named by the court to oversee the reform effort.

The request to U.S. District Judge Thelton Henderson in San Francisco comes as lawmakers remain at odds over how to cope with California's $15.2 billion deficit seven weeks after the start of the fiscal year.



Appeals court reverses Steinbeck copyrights ruling
Breaking Legal News | 2008/08/13 08:50
A federal appeals court has reversed a ruling that awarded John Steinbeck's son and granddaughter publishing rights to 10 of the author's early works, including "The Grapes of Wrath."

The appeals court said Wednesday that a judge made a mistake when he ruled the works belonged to the son, Thomas Steinbeck, and granddaughter Blake Smyle (SMILE'-ee).

A lawyer for the two didn't return a telephone message seeking comment Wednesday.

The two had won rights previously held by various individuals and organizations, including Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine.

The appeals court ordered the lower court judge to rule in favor of Penguin and the heirs of Elaine Steinbeck. Steinbeck's widow died in April 2003.



Court blocks MIT students from showing subway hack
Breaking Legal News | 2008/08/11 08:38
A federal judge has ordered three college students to cancel a presentation at a computer hackers' conference showing security flaws in the automated fare system used by Boston's subway.

A U.S. district court judge in Massachusetts issued a temporary restraining order preventing the Massachusetts Institute of Technology students from demonstrating at the Defcon conference on Sunday in Las Vegas how to take advantage of the system's vulnerabilities to get free rides.

The Massachusetts Bay Transportation Authority says in a complaint filed Friday that the students offered to show others how to use the hacks before giving the transit system a chance to fix the flaws.



Court favors couple in Ohio 'caged kids' case
Breaking Legal News | 2008/08/11 06:38
An Ohio appeals court has ruled against a new trial on additional charges for a couple convicted of abusing some of their adopted children and forcing them to sleep in cages.

Huron County prosecutor Russ Leffler had argued that a judge should not have dismissed falsification and perjury charges that were filed against Michael and Sharen Gravelle.

But on Friday the appeals court in Toledo agreed with the lower court judge and upheld his dismissal of the charges.

The Gravelles' attorney, Kenneth Myers, says it means one less potential hurdle to overcome as they appeal their child abuse and endangering convictions.



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