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Appeals court skeptical of fairness of trader's conviction
Recent Court Cases | 2015/05/15 23:35
An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.

Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.

The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.


Court deals Arizona sheriff a defeat in profiling case
Court and Trial | 2015/04/16 10:49
The sheriff for metro Phoenix on Wednesday lost a bid to overturn a 2013 racial profiling ruling that blunted his signature immigration enforcement efforts and represents the thorniest legal troubles the defiant lawman has faced in his 22-year career.

The decision by the 9th Circuit Court of Appeals marks the latest in a long string of defeats for Sheriff Joe Arpaio in the case in which his officers were found to have racially profiled Latinos.

Arpaio and four aides face hearings beginning Tuesday on whether they should be held in contempt of court for violating a 2011 order by a judge who barred Arpaio's immigration patrols.

The sheriff has acknowledged the violation and offered to make a donation a civil rights group to make amends for disobeying court orders.

Arpaio, who voluntarily gave up his last major foothold in immigration enforcement late last year, vigorously disputes that his officers have racially profiled Latinos.

Over the past year, the judge in the profiling case has grown increasingly frustrated with the sheriff's office for mischaracterizing his profiling ruling during a training session and over what the judge said were inadequate internal investigations into wrongdoing by Arpaio's squad working immigrant smuggling cases.

The 9th Circuit upheld the previous ruling by U.S. District Judge Murray Snow that the sheriff's unconstitutional practices targeting immigrants had extended traffic stops in the Phoenix area.

The appeals court also backed Snow's requirements that Arpaio's officers video-record traffic stops, collect data on stops and undergo training to ensure they aren't acting unconstitutionally.

Arpaio's sole victory in his appeal came when the appeals court reined in a court-appointed official who is investigating misconduct at the agency.


After conviction, many court cases left for Aaron Hernandez
Top Attorney News | 2015/04/16 10:49
Even after he was convicted of first-degree murder and sentenced to life in prison without parole, former New England Patriots star tight end Aaron Hernandez is nowhere near done with his legal troubles. He still faces double murder charges in Boston, as well as civil lawsuits over the killings and a lawsuit in Florida from a former friend who said he was shot in the face and left for dead after arguing with Hernandez.

A jury on Wednesday found Hernandez guilty of the June 2013 killing of Odin Lloyd, who was dating the sister of Hernandez's fiancee. Lloyd was killed - shot six times in a deserted industrial park less than a mile from Hernandez's home - for reasons that still remain unclear. Hernandez's lawyer acknowledged his client witnessed the crime but insisted he did not do it.

After the verdict, Hernandez was brought to a state prison less than a 4-mile drive from Gillette Stadium, the place where he once used to catch touchdown passes by Tom Brady in front of tens of thousands of fans. He will eventually be moved to another maximum-security institution.

A first-degree murder conviction in Massachusetts automatically triggers an appeal to the Supreme Judicial Court. A date for the Hernandez appeal wasn't immediately set.

Hernandez also is charged in a 2012 double killing in Boston. His alleged connection to that slaying emerged as the Lloyd investigation unfolded. Prosecutors in Boston say that Hernandez killed two men, Daniel de Abreu and Safiro Furtado, after one of them accidentally bumped into him and spilled Hernandez's drink at a nightclub. Hernandez has pleaded not guilty to two counts of murder.


Court rejects Duncan's death sentence appeal
Trending Legal Issues | 2015/03/31 16:13
A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.

Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.

Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.

On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind.


Robin Williams' wife, children head to court in estate fight
Law Firm Legal News | 2015/03/31 16:13
Attorneys for Robin Williams' wife and children are headed to court in their battle over the late comedian's estate.

The attorneys are scheduled to appear before a San Francisco probate judge on Monday, as they argue over who should get clothes and other personal items the actor kept at one his Northern California homes.

In papers filed in December, Williams' wife, Susan, says some of the late actor's personal items were taken without her permission.

She has asked the court to exclude the contents of the San Francisco Bay Area home she shared with Williams from the jewelry, memorabilia and other items Williams said the children should have.

Williams' children, Zachary, Zelda and Cody, said in response that Susan Williams is "adding insult to a terrible injury" by trying to change the trust agreement and rob them of the late actor's belongings.

Susan Williams' attorney said she was only seeking guidance from the court about the meaning of certain terms in the trust.


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