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Oklahoma Supreme Court sets hearing in bribery case
Court Watch | 2011/08/01 05:59
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.



Judge nixes class-action lawsuit against Dow
Court Watch | 2011/07/26 09:11
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.



Class action lawsuit filed over Antero drilling
Court Watch | 2011/07/25 09:10
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.


Court reverses conviction on online Obama threat
Court Watch | 2011/07/20 09:28
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.

Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.

Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.

A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.

Bagdasarian admitted posting the messages, but said he was drunk and joking.

He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.

But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.



Fresno DA charges woman after deadly bus crash
Court Watch | 2011/07/20 09:27
A woman accused of providing alcohol to a teenage driver who caused a deadly Greyhound bus crash has been charged with a misdemeanor, officials said Tuesday.

Michelle Kay Cole, 22, was charged with purchasing an alcoholic beverage for a person under 21 resulting in death, Fresno County District Attorney Elizabeth Egan said at a news conference.

Cole was cited Monday but not arrested, Egan said. She could face up to six months in jail and a $1,000 fine if convicted.

A California Highway Patrol report placed sole blame for the crash on 18-year-old Sylvia Garay. Investigators said she was drunk when her SUV hit a concrete barrier and overturned on Highway 99 on July 22, 2010.

The oncoming bus, carrying 31 passengers on a route from Los Angeles to Sacramento, struck the SUV, skidded into a concrete center divider, then tumbled down a 15-foot embankment and plowed into a eucalyptus tree shortly after 2 a.m. a few miles from downtown Fresno.

Garay, her two passengers and three people on the bus were killed. Authorities say Garay had a blood alcohol level of .11 when she died. The legal limit is .08.

The CHP report said the bus driver had no way to avoid the SUV, which was left without lights when it overturned.




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