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SC Supreme Court hears appeal in fatal dog attack
Attorney News |
2014/04/15 15:14
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Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.
The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.
The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.
The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions. |
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Levin & Curlett LLC
Attorney News |
2014/03/28 13:37
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New York - Baltimore - Washington, D.C. White Collar Criminal Defense
Levin & Curlett LLC was formed by former prosecutors who created a small, high quality litigation boutique. Levin & Curlett LLC has extensive experience in all facets of criminal and civil litigation. Whether clients are involved in contractual disputes, business litigation, or qui tam whistleblower cases, our trial experience allows the firm to work effectively with clients to achieve their goals. Similarly, extensive prosecutorial backgrounds allow the firm to represent clients who are involved in criminal proceedings as targets, subjects, witnesses, recipients of grand jury subpoenas, or defendants.
The firm puts its skills to work representing: - clients who are targets, subjects, or witnesses in criminal investigations,
- clients who are facing criminal charges
- clients who are involved in complex civil litigation at the trial and appellate levels
- whistleblowers in qui tam and False Claims Act litigation.
The attorneys at Levin & Curlett concentrate their practice representing individuals and businesses in criminal matters and civil litigation, and representing whistleblowers in False Claims Act and Qui Tam litigation.
Our attorneys have decades of combined experience serving as prosecutors in the Department of Justice and the Manhattan District Attorney’s Office, and leading practices in complex civil and criminal litigation at a national law firm.
We are uniquely positioned to represent the interests of those confronting the nation’s largest corporations, insurance companies, or the power of the federal government. |
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SC Supreme Court to rule on public autopsy reports
Attorney News |
2014/02/03 16:21
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South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.
The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.
The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.
Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.
It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.
Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.
"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too." |
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High court reverses pot conviction over evidence
Attorney News |
2013/11/11 14:25
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The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
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Ride operator appears in court on NC fair injuries
Attorney News |
2013/10/29 14:10
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A carnival ride operator facing assault charges over injuries from a ride at the North Carolina State Fair made his first appearance in court Monday, with a prosecutor saying there are still unanswered questions about what happened.
Timothy Dwayne Tutterrow, 46, of Quitman, Ga., faces three counts of assault with a deadly weapon, inflicting serious injury. Each count is punishable by up to eight years in prison.
Wake County District Court Judge Keith O. Gregory declined a request during the brief hearing to lower Tutterrow's $225,000 bond. The defendant, dressed in an orange and white striped jumpsuit, was taken back to jail in handcuffs.
Wake Sheriff Donnie Harrison said investigators determined the ride had been intentionally tampered with to bypass critical safety devices, though authorities have provided no details of the evidence against Tutterrow.
The "Vortex" jolted into motion Thursday evening as people were exiting, dropping riders from heights eyewitnesses estimated at up to 30 feet.
Three people remained hospitalized on Monday with serious injuries, including a 14-year-old. Two others were treated and released. |
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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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