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Use new drug sentencing law in crack cases
Trending Legal Issues |
2012/06/21 12:12
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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Guilty plea in NY 'mini-al Qaida' cell case
Lawyer World News |
2012/06/19 09:56
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A New Yorker accused of trying to start what prosecutors called a mini al-Qaida cell pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.
An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.
The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about seeking out additional contacts within al-Qaida. The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.
Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida. |
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High court sides with state in DNA case
Court and Trial |
2012/06/18 13:02
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The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
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Massive LA County court layoffs to begin Friday
Law Firm Legal News |
2012/06/15 11:12
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Squeezed by state budgets cutbacks, the Los Angeles County court system is launching massive job layoffs, pay cuts and transfers, court officials said Thursday.
Cutbacks that will be implemented Friday will affect 431 court employees and 56 courtrooms throughout the nation's largest superior court system.
Presiding Judge Lee Smalley Edmon bemoaned the loss of longtime employees as well as the impact on public services.
We are laying off people who are committed to serving the public, she said. It is a terrible loss both to these dedicated employees and to the public.
The union representing state and municipal employees called Friday's action a freeze on justice in Los Angeles and warned that the county would experience an end to timely justice with cases being delayed for years, particularly in civil courts.
The American Federation of State, County and Municipal Employees — AFSCME — planned to have representatives on hand to assist employees who will not know they are losing their jobs until they are informed individually Friday.
A spokeswoman for the California Judicial Council said other courts in the state will also be impacted by the budget cuts but will handle them individually. Los Angeles' court system, as the largest, will be the most heavily affected.
Edmon said the drastic actions are the result of a state mandate to reduce annual spending by $30 million. She noted that earlier reductions already saved $70 million, but more cuts in state support for trial courts are scheduled for the next fiscal year. |
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Del. court hears pedophile ex-pediatrician appeal
Trending Legal Issues |
2012/06/14 10:23
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A lawyer for a former pediatrician serving a life sentence for sexually abusing scores of young patients appealed Wednesday to the Delaware Supreme Court, arguing that a search warrant didn't allow police to seize a flash drive containing videotaped sex crimes against children.
Earl Bradley, 59, was sentenced last year to 14 life sentences without parole for 14 counts of first-degree rape. He also was sentenced to more than 160 years in prison for multiple counts of assault and sexual exploitation of a child in a case that shook this small state.
Bradley was convicted by a judge who viewed more than 13 hours of videos showing sex crimes against more than 80 victims, most of them toddlers. The videos were seized by police who executed a search warrant in 2009 at his Lewes office complex, which was decorated with Disney themes and miniature amusement park rides.
Bradley had waived his right to a jury trial after the trial judge denied a defense motion to suppress the video evidence because it had been illegally seized.
Defense attorneys argued Wednesday that Bradley's convictions should be reversed because the warrant did not allow police to search an outbuilding in which a computer flash drive containing the videos was found. They also said the warrant didn't allow authorities to seize the flash drive. |
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