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Evidence challenged: Miss. court blocks execution
Law Firm Legal News | 2013/05/13 23:52
The Mississippi Supreme Court has indefinitely delayed Tuesday's scheduled execution of Willie Jerome Manning amid questions involving evidence in the case, intervening hours before he was set to die for the slayings of two college students.

Manning, who had challenged errors involving evidence analysis, was originally set to receive a lethal injection at 6 p.m. CDT at the state prison in Parchman. But with mere hours remaining, the high court blocked the execution until it rules further in the case.

Manning was convicted in 1994 in the shooting deaths of two Mississippi State University students, Jon Steckler and Tiffany Miller. Their bodies were found in a rural area in December 1992.

The FBI has said in recent days that there were errors in agents' testimony about ballistics tests and hair analysis in the case.

Manning's lawyers had argued in recent filings before the Mississippi Supreme Court that the execution should be blocked based on the U.S. Justice Department's disclosures about testimony that it says exceeded the limits of science.

The court ruled 8-1 on Tuesday for a stay. The court had previously split 5-4 in decisions in the case.


3 guilty in Dallas-area, Houston health care fraud
Court and Trial | 2013/04/12 15:42
Three more people have been convicted in a nearly $3 million health care fraud case involving Houston and Dallas-area companies.

Prosecutors say unlicensed doctors were recruited to treat patients at their homes and then wrongly bill Medicare.

A federal judge in Dallas on Wednesday convicted Godwin Umotong and Comfort Gates of Houston of conspiracy to commit health care fraud and health care fraud. A third person - Vagharshak Smbatyan of Grenada Hills, Calif., - was convicted of making a false statement to an agency.

All will be sentenced in July and face penalties ranging from five to 10 years per count.

Prosecutors say Umotong worked for Euless Healthcare Corp. in Hurst and Medic Healthcare Inc. of Houston. Gates worked for Medic.


Court to mull Arizona's immigrant harboring ban
Law Firm Legal News | 2013/04/02 12:49
An appeals court is scheduled to hear arguments Tuesday in Arizona Gov. Jan Brewer's bid to let police enforce a minor section of the state's 2010 immigration law that prohibits the harboring of illegal immigrants.

The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.

Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.

The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.

Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.


Stephen Baldwin to avoid jail in tax ca
Trending Legal Issues | 2013/03/14 16:02
Stephen Baldwin will avoid jail and will have up to five years to pay $350,000 in back taxes and penalties, his lawyer said Monday.

Attorney Russell Yankwitt said he and prosecutors tentatively agreed that Baldwin, youngest of the four acting Baldwin brothers, will admit in court this month that he repeatedly failed to file his New York state income tax returns.

Baldwin, who starred in 1995's The Usual Suspects and is currently on television in All-Star Celebrity Apprentice, is accused of skipping his 2008, 2009 and 2010 returns. When he was arrested in December, the district attorney said Baldwin could face up to four years in prison if convicted.

But at Monday's closed-door conference at the Rockland County Courthouse, The district attorney's office and the judge made it very clear that Mr. Baldwin will not be going to prison, Yankwitt said. If Mr. Baldwin can't work, he can't pay back his back taxes.

Baldwin, 46, of Upper Grandview, was not at the conference.

Prosecutor Anthony Dellicarri confirmed that a tentative agreement had been reached on a plea deal but would not detail the specifics. The district attorney's office said only that a possible resolution of the case was discussed.

Yankwitt said that if Baldwin pays back the money within a year, the case will be discharged on the condition he stay out of trouble. If Baldwin doesn't meet the one-year deadline, he will be sentenced to probation and given five years to pay back the money.


Lawyer seeks dismissal in Ohio HS player rape case
Trending Legal Issues | 2013/03/10 16:00
On the eve of their trial, the attorney for one of two Ohio high school football players charged with raping a girl after an alcohol-fueled party said Tuesday that moving forward with the case is patently unfair and un-American because important witnesses haven't been compelled to testify.

The attorney for Ma'Lik Richmond filed a motion Monday saying that further prosecution of Richmond violates his due process and equal protection rights and asks the judge or state to dismiss the case.

You have case where it's clear — clear — that basic, fundamental, constitutional guarantees are not available to this child, my client, to put on a defense, Walter Madison told The Associated Press. As such, it is patently unfair and un-American to continue knowing that that is not available.

Richmond, 16, and Trent Mays, 17, are scheduled to go on trial Wednesday in Jefferson County juvenile court in Steubenville on charges they attacked a 16-year-old West Virginia girl last August. Their attorneys have denied the charges.

But the attorneys for both teens said their clients will be denied a fair trial because of the availability of crucial witnesses. A West Virginia judge's ruled last week that three juvenile witnesses there could not be compelled to testify in the Ohio case.


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