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WikiLeaks case file fight moves to federal court
Court Watch | 2013/05/24 09:10
The WikiLeaks organization and a handful of journalists asked a federal judge Wednesday to order greater transparency in the court-martial of an Army private who has acknowledged sending reams of classified document to the WikiLeaks website.

The Center for Constitutional Rights, representing WikiLeaks and its founder Julian Assange, filed the petition in U.S. District Court in Baltimore. It seeks an order requiring public access to all documents in the court-martial of Pfc. Bradley Manning.

It also seeks to have the lawyers and military judge "reconstitute" in open court certain conferences they have held out of public view.

Shaunteh Kelly, a spokeswoman for the Military District of Washington, where Manning is being court-martialed, said the Army has a policy of not commenting on pending litigation.

Manning's 3-year-old espionage case is headed for trial next month at Fort Meade, near Baltimore. Many records of the pretrial proceedings remain secret because the military contends the First Amendment doesn't require it to provide prompt public access to court-martial documents.

Unlike civilian courts, where case files are readily available for public inspection in a clerk's office, there is no central repository for court-martial records. The military initially required reporters covering the Manning case to file federal Freedom of Information Act requests for documents, including the military judge's rulings. In February, it began releasing redacted versions of some court-martial records on a public website. In April, the judge, Army Col. Denise Lind, started releasing some of her written rulings to reporters the same day.

Still, the petition says, the public is being denied its First Amendment right to scrutinize the Manning case as it proceeds.



Appeals court allows capital retrial of Wolfe
Court Watch | 2013/05/23 10:54
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.

In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.

That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.

But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.

Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.



Judge OKs class-action settlement over Skechers
Court Watch | 2013/05/23 10:53
A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.

U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.

Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.

Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.

Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.

Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.



Strip shooting-crash suspect gets lawyer in Vegas
Court Watch | 2013/04/18 00:52
A self-described pimp who once posted online images of himself with fists full of cash told a Las Vegas judge on Wednesday that he had no money to hire a lawyer to defend himself against charges that he killed three people in a shooting and fiery crash Feb. 21 on the Strip.

Ammar Harris, 27, stood in shackles and told Justice of the Peace Deborah Lippis that he understood he faces 11 felonies, including murder, attempted murder and seven discharging a weapon counts.

Harris wasn't asked to enter a plea. The judge appointed two public lawyers to defend him, ordered him held without bail and set his next court appearance for April 29.

Clark County District Attorney Steve Wolfson said the case is a top priority and prosecutors will consider seeking the death penalty.

Harris is accused of firing fatal shots before dawn Feb. 21 from a black Range Rover into a Maserati sports car that then slammed into a taxi, killing the cab driver and a tourist from Washington state.

Defense lawyers David Schieck and Randall Pike said Harris plans to plead not guilty and fight the charges. They declined to speak about evidence in the case.

Tehran Boldon, younger brother of taxi driver Michael Boldon, who was killed, called it difficult to maintain composure in the courtroom, where Harris avoided eye contact.


High court to hear appeal in case of jilted woman
Court Watch | 2013/01/19 11:21

The Supreme Court will hear an appeal from a jilted woman who was convicted under an anti-terrorism law for spreading deadly chemicals around the home of her husband's mistress.

The justices said in an order Friday that they will revisit the case of Carol Anne Bond, a Pennsylvania woman who was given a six-year prison term for violating a federal law involving the use of chemical weapons.

In 2011, the court unanimously sided with Bond to allow her to challenge her conviction despite arguments from federal prosecutors and judges that she shouldn't even be allowed to appeal the verdict. Lower courts subsequently rejected the appeal.

Bond, from Lansdale, Pa., near Philadelphia, says she is in prison over a domestic dispute that resulted in a thumb burn for a onetime friend who became her husband's lover. Bond was convicted in federal court of trying to poison the woman by spreading toxic chemicals around her house and car and on her mailbox.

Her argument is that the case should have been dealt with by local authorities, as most crimes are. Instead, a federal grand jury indicted her on two counts of possessing and using a chemical weapon. The charges were based on a federal anti-terrorism law passed to fulfill the United States' international treaty obligations under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.



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