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Appeals court overturns rare Mich. death sentence
Court Watch |
2011/08/03 08:42
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A federal appeals court on Wednesday overturned a death sentence for a western Michigan man who was convicted of drowning a young woman in a remote lake to prevent her from pursuing a rape case against him.
The court upheld Marvin Gabrion's conviction, but said the sentencing phase of his extraordinary 2002 trial in Grand Rapids federal court must start from scratch.
Gabrion's lawyers should have been allowed to tell jurors that he would not have faced a possible death sentence if prosecuted in state court because Michigan doesn't allow capital punishment, the appeals court said.
U.S. District Judge Robert Holmes Bell barred Gabrion's defense team from making that pitch during the sentencing phase. It may not have made a difference in the ultimate result, but the appeals court said it's a legitimate argument to make to jurors, who unanimously chose the death penalty.
Rachel Timmerman's body was found in a lake in the Manistee National Forest in Newaygo County in 1997. The U.S. attorney's office had jurisdiction because the victim was found in a portion of the lake that is federal property.
During the sentencing phase, prosecutors blamed Gabrion for the disappearance of four other people, including Timmerman's daughter. The body of one, Wayne Davis, was found floating in another lake a few months after the trial. No charges have been filed.
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DeMocker defense says former lawyer will keep mum
Court Watch |
2011/08/01 09:01
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Lawyers for a Prescott stockbroker facing a murder retrial say they won't allow his former defense attorney to give a deposition in the case.
John Sears is one of two attorneys who quit Steven DeMocker's case in October, citing a conflict of interest. The move triggered a mistrial in November.
Deputy Yavapai County Attorney Jeffrey Paupore filed a motion last week that Sears be deposed as a material witness.
But DeMocker's current lawyer says any communications between Sears and DeMocker remains confidential and privileged.
The 56-year-old DeMocker is accused of killing his ex-wife, Carol Kennedy, with a golf club in July 2008 to avoid paying hefty alimony bills. He faces a life sentence if convicted.
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Oklahoma Supreme Court sets hearing in bribery case
Court Watch |
2011/08/01 05:59
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The Oklahoma Supreme Court has agreed to hear a former state senator's request to dismiss a bribery charge against her and scheduled oral arguments for September.
Former Sen. Debbe Leftwich, D-Oklahoma City, faces bribery charges along with Rep. Randy Terrill, R-Moore. Prosecutors say Terrill offered Leftwich an $80,000-a-year job at the state Medical Examiner's Office in exchange for Leftwich not running for re-election and clearing the way for Republican Rep. Mike Christian of Oklahoma City to run. Christian has not been charged a crime and is expected to be a witness.
Leftwich's attorney, Robert McCampbell, filed a motion to dismiss the charge that maintains Leftwich is exempt from prosecution for alleged wrongdoing in the performance of her professional duties under the speech and debate clause of the Oklahoma Constitution.
The court scheduled oral arguments from her defense, Oklahoma County District Attorney David Prater and attorneys for the Oklahoma Senate for Sept. 13, according to an entry posted Thursday on the Supreme Court's website. The entry also says Leftwich's case is on hold until the court makes a decision.
The Senate's attorneys also will have a chance to express lawmakers' concerns about language in a recent Court of Criminal Appeals decision denying Leftwich's motion to dismiss, the entry said.
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Judge nixes class-action lawsuit against Dow
Court Watch |
2011/07/26 09:11
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A judge in Saginaw says property owners who claim Dow Chemical Co. has spoiled their land cannot sue the company through a class-action lawsuit.
The decision means property owners will have to pursue the company on their own. As many as 2,000 believe they've been harmed by dioxin in the Tittabawassee River floodplain.
The Saginaw News says Judge Leopold Borrello on Monday cited a recent U.S. Supreme Court decision that limited class-action lawsuits against corporations. The judge says anyone claiming harm from Dow pollution must undergo "highly individualized factual inquiries."
Dow attorney Kathleen Lang says the company is pleased with decision.
Dow has acknowledged polluting the Tittabawassee and Saginaw rivers and their floodplains with dioxins for much of the 20th century. Dioxins are chemical byproducts that may cause cancer.
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Class action lawsuit filed over Antero drilling
Court Watch |
2011/07/25 09:10
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A class action lawsuit has been filed against Antero Resources alleging that the company's gas drilling activities in Battlement Mesa threaten the health of residents.
The suit was filed in Denver District Court on behalf of all 5,000 residents of the unincorporated community, which is located next to Parachute in western Garfield County.
An attorney representing the residents, Corey Zurbuch, says the suit argues that drilling exposes the people of Battlement Mesa to hazardous pollution.
Antero representatives, along with others in the industry, have long argued that their activities are not hazardous to the residents of Garfield County, according to the Glenwood Springs Post Independent.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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