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Michael Scott Murder Conviction Overturned
Court Watch | 2007/06/07 04:48

Austin's most notorious killings, the Yogurt Shop murders, remain essentially unsolved. The Court of Criminal Appeals Wednesday morning overturned the conviction of Michael Scott, the only man still convicted for the 1991 Yogurt Shop murders. Amy Ayers, sisters Jennifer and Sarah Harbison and Eliza Thomas were all murdered in a North Austin yogurt shop 15 1/2 years ago on Dec. 6. The shop was then set on fire.

From the beginning, Scott, his family and attorneys have all insisted he is innocent. They say he had nothing to do with the murders. The court of appeals threw out his conviction, saying his right to a fair trial was violated.

In 2002, prosecutors used a videotaped statement from Scott's former friend, Robert Springsteen, to help convict him of murder. At the time Scott did not have an opportunity to challenge it in court.It was a decision the Court of Criminal Appeals now says violated Scott's constitutional rights to a fair trial.

"Because the statement was introduced without Springsteen being there, Scott never had a chance to cross examine the statement,” appellate defense attorney Ariel Payan said. “It was just introduced and there was nothing that could be done about it."

Scott's wife Jeannine has spent five years trying to set him free. "I'm thrilled that they really did look at this and decide there's something wrong with this case," Jeannine said. She says it's time police investigators focus their attention on someone else. "I would like them to find the actual perpetrators and stop wasting the county's and the city's money in this particular endeavor," she said.

State prosecutors admit this latest decision is a setback. They say they don't agree with the Appeals Court ruling.

"If in fact it stays as it is now, Michael Scott would be tried again, " assistant district attorney Bryan Case said.

But until the decision is declared final, Case says they will continue weighing all of their legal options. They could appeal the reversal to the U.S. Supreme Court, or take the case back to trial all over again.

Scott also insists his confession to police was coerced. He say he only agreed to it after several days of almost non-stop interrogation.



Three plead guilty in Chinese spying case
Court Watch | 2007/06/05 06:45

June 5 Three relatives of a Chinese-American engineer convicted of conspiring to pass U.S. secrets to China have pleaded guilty in California to similar charges. Tai Mak, brother of convicted engineer Chi Mak, pleaded guilty in a Santa Ana, Calif., U.S. District Court to violating export-control laws, The Los Angeles Times reported Tuesday.

Tai Mak's wife, Fuk Heung Li; and son, Billy Yui Mak, pleaded guilty to aiding and abetting the violation of the export-control laws.

Chi Mak was convicted May 10 of acting as an unregistered agent for China, giving false statements to the FBI, conspiracy to violate export-control laws and attempting to violate export-control laws. He was accused of attempting to pass information on U.S. naval technology to China, the newspaper report said. Prosecutors said he put the information on two encrypted disks and gave them to his brother to transport to China.

Chi Mak's wife, Rebecca Laiwah Chiu, is scheduled to go on trial Tuesday, the Times said.



Court backs Mo. death penalty procedure
Court Watch | 2007/06/04 10:36

A federal appeals court opened the way for Missouri to resume executing inmates, ruling Monday that the state's lethal injection procedure is not cruel and unusual punishment. The case filed on behalf of condemned killer Michael Taylor had effectively halted Missouri executions since early last year. A judge said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.

A three-judge panel of the 8th U.S. Circuit Court of Appeals found "no evidence to indicate that any of the last six inmates executed suffered any unnecessary pain," according to its ruling.

The court's decision reversed a ruling by U.S. District Judge Fernando Gaitan Jr. ordering reforms to Missouri's lethal injection procedures. He wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find a doctor willing to participate.

Missouri is among nine states that have put executions on hold as it grapples with whether lethal injection is inhumane.

Attorney General Jay Nixon said the decision "reopens the necessary legal avenue for the state of Missouri to move forward on this issue."

Margaret Phillips of the Eastern Missouri Coalition Against the Death Penalty said many questions remain unanswered and it would be unwise for the state to renew executions.

"The uncertainty of all of this is a good indication that Missouri needs a moratorium on the death penalty," she said.

A message seeking comment was left with the governor's office.

Taylor, convicted of killing 15-year-old Ann Harrison in Kansas City in 1989, was hours away from being put to death in February 2006 when the execution was halted. His attorney, Ginger Anders, said she would appeal Monday's ruling but declined further comment.



High court restores killer's death sentence
Court Watch | 2007/06/04 08:44

Reversing the U.S. 9th Circuit Court of Appeals in another murder case, the Supreme Court today restored a death sentence for a Washington state man who abducted, tortured and killed a young woman near Seattle. Cal Brown, who confessed to the crime, was convicted and sentenced to death by a jury in 1993. But the 9th Circuit Court overturned his death sentence last year, saying the trial judge had wrongly excluded a juror who expressed qualms about capital punishment.

In a 5-4 decision, the Supreme Court upheld the decision of the trial judge and said the 9th Circuit erred by intervening.

"It is not for us to second-guess the determination" of the trial judge over whether a potential juror is willing to follow the law, Justice Anthony M. Kennedy said.

He said the prosecutor and the judge had ample reason for excusing the man, referred to as Juror Z, because he had said the death penalty was appropriate only if the killer might be released and kill again.

In Washington, as in California, that was not a possibility in a case such as this one. The defendant, if convicted of aggravated murder, would be sentenced either to life in prison without parole or to death. The prosecutor asked to have Juror Z excluded, saying his comments suggested he would reject the death penalty for Brown. The defense lawyer replied, "We have no objection."

Nonetheless, the move -- seemingly minor at the time -- led to the reversal of Brown's death sentence more than 12 years later by the San Francisco-based appeals court.

The Supreme Court was sharply split along conservative-liberal lines in its decision.

Justice John Paul Stevens delivered a strong dissent in the courtroom. By allowing prosecutors to exclude jurors who have qualms about the capital punishment, the court will encourage the formation of juries "unfairly biased in favor of the death penalty," Stevens said. "Millions of Americans oppose the death penalty," and juries are supposed to represent a cross section of the community, he argued.

He said jurors who pledged to follow the law in death penalty cases should be seated, even if they expressed doubts about the use of such punishment.

Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined his dissent in the case of Uttecht vs. Brown.



Arkansas court ends school-funding suit
Court Watch | 2007/06/01 06:31

State lawmakers are adequately funding public schools, the Arkansas Supreme Court ruled Thursday in ending a long-running lawsuit. The court singled out the Legislature‘s continuing review of its education efforts. A report last month by two court-appointed special masters concluded the framework for an improved education system existed, but constant review was needed.

"Anybody who thinks we‘re through has missed the point. This is an ever-changing and evolving target that requires constant vigilance," the governor said.

Late last year, four school districts asked the court to maintain oversight, arguing that while the Legislature had appropriated extra money, it hadn‘t adequately addressed buildings, programs for non-English speakers and money for rapidly growing districts.

"I think we‘ve made tremendous progress as a result of this case and I think the few remaining concerns we have about education are relatively small compared to what‘s been accomplished," Heller said.

"The court has said yes, it‘s about spending more money and showing your commitment to education, but what‘s more important is how you spend it," McDaniel said.



NJ Court Certifies Wal-Mart Class-Action
Court Watch | 2007/05/31 08:51

The New Jersey Supreme Court on Thursday certified a class-action lawsuit against Wal-Mart Stores Inc. by employees who claim that the nation's largest retailer denied them meal and rest breaks, and forced them to work off-the-clock. The 5-1 ruling by New Jersey's highest court revives the workers' lawsuit, which had been denied class-action status by a trial judge and an appellate panel.

Plaintiff attorney Judith L. Spanier, who said the class would contain about 80,000 current and former Wal-Mart employees, said similar cases were pending in other states.A spokesman for Bentonville, Ark.-based Wal-Mart had no immediate comment on the ruling.

The Supreme Court found that the class should be certified because common questions of law outweigh individual issues, and that the class-action lawsuit is the better method to handle the dispute.



Explorer class action may hit Ford hard
Court Watch | 2007/05/30 06:37

A lawsuit set for trial next month in Sacramento, Calif., claims Ford Motor Co. deceived consumers about the safety of its Explorer sport-utility vehicles and threatens more than $2 billion in profits Ford earned from Explorers built in the 1990s and sold in California. The class action, brought on behalf of more than 414,000 Explorer buyers, is so large that it puts the automaker at risk of collapse, a Ford defense lawyer said last week after a final pretrial hearing.

The trial is scheduled to start Monday before Superior Court Judge David DeAlba, who will decide the case without a jury.

Ford lost $12.7 billion last year, said Malcolm Wheeler, a Denver attorney who heads Ford's trial team. "This is a company that has had to lay off thousands of employees, a company struggling with a $3.5-billion negative net worth," Wheeler said.

Tab Turner - a Little Rock, Ark., lawyer who pioneered SUV rollover lawsuits - will be the plaintiffs' lead trial counsel in the Sacramento case. "This vehicle is one of the most dangerous vehicles ever produced in this country," said Turner, who first brought SUV rollover lawsuits involving the Ford Bronco II and Explorers.

Marketed as a replacement for family station wagons, the Explorers built in the 1990s have a tendency to flip over during evasive maneuvers at speeds over 40 mph, he said. Ford knew of the Explorer's problems but decided it was more profitable to produce the vehicle without changing its design, he said.

The class of plaintiffs includes California residents who bought, owned or leased a 1991-2001 model-year Ford Explorer, new or used, between 1990 and Aug. 9, 2000.

The plaintiffs' attorneys claim Ford's deception cost the state's car buyers about $500million because the value of their vehicles fell once the alleged defects became widely known. In addition, the plaintiffs are seeking a return of profits Ford earned from its alleged wrongdoing. According to the plaintiffs' lawyers, Ford reaped profits of $2.135 billion on sales in California from 1990 to 2000.

Ford lawyer Wheeler said it was the tires, not the Explorers, that were the problem and plaintiffs' lawyers were simply trying to extract millions more from Ford. He said the Explorer had been deemed safe by Consumer Reports magazine and the National Highway Traffic Safety Administration. Out of 32 Explorer product-liability cases that had gone to trial, Ford had won 26 of them, he said.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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