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Criminal Defense News 01/2010



Ohio Supreme Court says criminal defense lawyers, prosecutors must share evidence (The Cleveland Plain Dealer)
The Ohio Supreme Court recently approved new rules governing pretrial procedures that will help ensure those convicted of crimes are truly guilty, according to Thomas Moyer, chief justice of the Ohio Supreme Court.

Civil Defense underscores role of volunteers in rescue operations (Arab News)
JEDDAH: Last month’s Jeddah floods in which over 120 people died and 38 are still missing raised the question of volunteers joining the Civil Defense to help in search and rescue operations.

The Bell Firm, P.A., announces new partner (Lawrence Journal-World)
The Bell Firm, P.A., a criminal defense law firm, is announces that Carl Folsom III has accepted an offer to become a partner in the firm. The firm will change its name to Bell Folsom, P.A., to reflect the new partner.

Crime news in 2009 ranged from drugs to fraud (The Marion Star)
Law enforcement agencies continued to battle criminal elements in our community in 2009. They dealt with just one murder case for the year, while stabbings and an involved sex crime case were among their investigations. The Marion Star helped put the spotlight on a prevalent crime - the drug abuse and trafficking that riddled headlines throughout the year.

Nebraska Legislature: Self-defense (Omaha World-Herald)
Safeguards are sought for shooting in self-defense. A state senator says people shouldn't face punishment for protecting themselves; colleagues have doubts about the proposal.

Justice delayed, justice denied (Taipei Times)
In Taiwan, criminal cases can go on indefinitely and defendants can be detained for years, even decades, on end. A proposed speedy and fair trial law aims to tackle the problem — but critics say it would only make the situation worse

Somali man charged in attack on Danish cartoonist (USA Today)
Police foiled an attempt to kill an artist who drew a cartoon depicting the Prophet Muhammad that sparked outrage in the Muslim world, the head of Denmark's intelligence service said Saturday.

Video clears man in death (Lancaster Online)
After viewing a security camera tape, investigators have concluded no criminal charges are warranted in the Nov. 11 bar fight that led to the death of a Bainbridge man.Jimmy C. Flowers, 25, acted in self-defense when he punched Charles J. Martin, 47, at the Bainbridge Inn, 5 N. Front St., they said....

City Court policy could create conflicts of interest (The Advocate)
Half of the prosecutors with Baton Rouge City Court are allowed to do criminal defense work in other jurisdictions, a practice some law experts say should be prohibited.

Safeguards sought for shooting in self-defense (North Platte Telegraph)
World-Herald News Service LINCOLN - It's been dubbed the "make my day" bill, after the oft-quoted line from a 1985 Clint Eastwood movie.

Backdating case dismissal raises hopes for accused execs (Business Insurance)
SANTA ANA, Calif.—A federal judge who dismissed criminal charges in a stock option backdating case citing “shameful” prosecutorial misconduct has raised the hopes of corporate defendants accused in other backdating cases, legal observes say.

The big bluff: Do prosecutors threaten death penalty to get guilty pleas? (Mobile Press-Register)
Some defense lawyers suggest that prosecutors use -- perhaps even abuse -- capital murder charges in order to leverage plea bargains. But it's a tactic that Mobile County District Attorney John Tyson Jr. adamantly rejects. "I'm not going to be bluffing someone with his life," he said.

Check It Out (Israel National News)
(IsraelNN.com) The Movement for Quality Government asked Attorney General Menachem Mazuz on Sunday to open a criminal investigation against Member of Knesset Jamal Zahalka (Balad - National Democratic Assembly ) after Zahalka compared Defense Minister Ehud Barak to a Nazi on a television program Thursday afternoon.

Safeguards sought for shooting in self-defense (North Platte Telegraph)
World-Herald News Service LINCOLN - It's been dubbed the "make my day" bill, after the oft-quoted line from a 1985 Clint Eastwood movie.

Teen charged in manslaughter stab (YourNabe.com)
A 16-year-old Long Island City girl accused of stabbing a resident of the Queensbridge Houses in what her family called self-defense after she feared being raped inside the F train subway station near the housing project on Christmas Eve was being held by authorities Tuesday pending her arraignment, Queens District Attorney Richard Brown said.

Texas' McCoy expects tough Alabama defense (USA Today)
Texas QB Colt McCoy has often seen eye-to-eye with coach Mack Brown and is on the same page as his coach when it comes to Alabama's defense.

BCS Notes: Texas' McCoy expects tough Alabama defense (USA Today)
Texas quarterback Colt McCoy has often seen eye-to-eye with Mack Brown and is on the same page as his coach when it comes to Alabama's defense. "Like Coach Brown says, watching their defense is like watching a horror film," McCoy says. "They don't give up big plays, and they're not afraid to go to man-to-man (coverages), so our receivers are going to have to win some man-to-man battles. I'm ...

Southwest Va. attorney challenging gas-and-oil statute’s constitutionality (Richmond Times-Dispatch)
A Richlands attorney is challenging the constitutionality of the Virginia Gas and Oil Act, arguing that it deprives mineral owners of their property without due process and without guaranteeing them just compensation. Personal-injury and criminal-defense lawyer T. Shea Cook filed suit last week in Tazewell County Circuit Court on behalf of a Texas resident who was forced by the Virginia Gas and ...

Insanity defense likely to be rocky for Jupiter shooting suspect (The Palm Beach Post)
Insanity defense likely to be rocky for Jupiter shooting suspect

FBI: Las Vegas federal building shooter had 'lengthy' criminal history in Memphis, Sacramento (Chicago Tribune)
LAS VEGAS (AP) — Authorities say a gunman shot dead in a gunbattle after killing a courthouse security guard and wounding a federal marshal in Las Vegas had a "lengthy" criminal history in Tennessee and California.

New attorney to help with Knox appeal (KOMO Seattle)
Amanda Knox's family has hired a Philadelphia criminal defense attorney to help with her appeal of a murder conviction.

Arkansas Medical Marijuana Ballot Proposal Rejected (KARK Little Rock)
Arkansas' Attorney General has rejected a ballot proposal seeking to legalize the medical use of marijuana. Little Rock criminal defense attorney John Wesley Hall is the man who turned in the proposal to Dustin McDaniel on December 16th.

September 11 conspirator loses U.S. court appeal (Reuters via Yahoo! News)
Zacarias Moussaoui, the only person convicted in a U.S. court on criminal charges related to the September 11, 2001, attacks, lost a bid on Monday to overturn his guilty plea and his sentence of life in prison.

In Galleon Cases, Timing Could Be Everything (New York Times)
The Securities and Exchange Commission filed its civil enforcement action in federal court in October at the same time Justice Department prosecutors filed criminal charges.

DPD Officer Cleared In Shooting (KMGH 7 Denver)
A police officer acted in self-defense and will not face any criminal charges for shooting a suspect to death in December, prosecutors said.

Prosecutor plans revamped Sansom criminal case (St. Petersburg Times)
The prosecutor says he'll revamp the case against the former House speaker.

New self-defense laws not retroactive say judges (East Valley Tribune)
A bid by state legislators to retroactively change self-defense laws is unconstitutional, the Arizona Court of Appeals ruled.

Former officer says Britain's Ministry of Defense incapable of winning Afghan war (People's Daily)
The officer who commanded Britain's main operational military presence in Afghanistan has branded the country's Ministry of Defense (MoD) as being incapable of keeping up with the demands of winning the war against the Taliban. Major-General Andrew Mackay, who resigned from the British Army in late summer 2009, made the revelation in a paper published by the Defense Academy at the end of 2009 ...

Gangsters Trial in Chongqing Rivets Public and Tests Chinese Courts (New America Media)
China's eventful 2009 ended with another controversial episode: the trial of Li Zhuang, a prominent criminal defense lawyer from Beijing, which has put China's courts and legal system on trial, too.

Defense: GPS in Solano County dog case illegal (The Vacaville Reporter)
A Dixon attorney on Monday argued that the Solano County District Attorney's Office should not be allowed to handle the prosecution of a Dixon couple arrested two weeks ago on charges of cruelty to animals and grand theft in connection with a

Safeguards sought for shooting in self-defense (North Platte Telegraph)
World-Herald News Service LINCOLN - It's been dubbed the "make my day" bill, after the oft-quoted line from a 1985 Clint Eastwood movie.

Understanding Miranda Rights Is The Key To A Successful Criminal Defense (OfficialWire)
According to Frederick D. Paoletti, Jr., Founding Principal of the law firm of Paoletti & Gusmano, ( www.paolettilaw.net ), a reputable Connecticut criminal defense law firm , a Miranda warning must be given by police to anyone being held in their custody, even if they have not been arrested or charged with a crime.

US lawyer joins Knox's Italian defense team (AP via Yahoo! News)
Amanda Knox's family says a U.S. lawyer with an international practice will work with their imprisoned daughter's Italian defense team to map strategy for the appeals process.

US lawyer joins Knox's Italian defense team (KNDO - KNDU Tri-Cities)
Associated Press - January 5, 2010 4:05 PM ET ROME (AP) - Amanda Knox's family says a U.S. lawyer with an international practice will work with their imprisoned daughter's Italian defense team...

Polanski hearing could bring new defense strategy (Reuters via Yahoo! News)
Lawyers for fugitive director Roman Polanski return to a Los Angeles court on Wednesday and are expected to detail their next steps in a bid to resolve a 30-year-old sex charge against the Oscar-winning maker of "The Pianist".

Ex-Kan. AG subpoenaed in abortion death trial (AP via Yahoo! News)
Defense attorneys for a man charged with killing one of the nation's few late-term abortion providers have subpoenaed two state prosecutors who tried unsuccessfully to convict the victim, Dr. George Tiller, on criminal charges.

Ex-Kan. AG subpoenaed in abortion death trial (WKBT La Crosse)
Defense attorneys for a man charged with killing one of the nation's few late-term abortion providers have subpoenaed two state prosecutors who tried unsuccessfully to convict the victim, Dr. George Tiller, on criminal...

Experts: Suspect's defense team strong (Detroit Free Press)
Defendants tend to scorn public defenders, but top criminal lawyers say the accused Dec. 25 airline bomber would be hard-pressed to find a better defense team than the one headed by Miriam Siefer.

Northern Ireland's outlawed Ulster Defense Association says it has fully disarmed (Sun-Sentinel)
DUBLIN (AP) — The major British Protestant paramilitary group in Northern Ireland, the Ulster Defense Association, announced Wednesday it has fully disarmed — finally meeting the key requirement of the province's 1998 peace accord.

Roeder's defense team subpoenas Kline (The Wichita Eagle)
Although Phill Kline condemned violence, he may not be able to avoid being linked to the killing of the abortion provider he pursued as Kansas attorney general.

Update: Jeff Wood asks for more time to prepare defense (WQOW Eau Claire)
A key member of a special committee says a local lawmaker deserves time to prepare his defense.

US lawyer joins Knox’s Italian defense team (The Wenatchee World)
ROME — Amanda Knox’s family says a U.S. lawyer with an international practice will work with their imprisoned daughter’s Italian defense team to map strategy for the appeals process. The family said in a statement Monday from Seattle that Theodore “Ted” Simon will bring international as well as criminal defense experience to the case.

Former Brocade exec gets two months in prison for back-dating conviction (San Jose Mercury News)
The case was a rallying point for many in the tech industry, as federal authorities argued that the two executives' actions amounted to criminal wrongdoing, while defense attorneys complained their clients were being scapegoated for a common practice.

Dismissal ruled in case over texting (Pittsburgh Tribune-Review)
Criminal charges against an Irwin man accused of sending text messages threatening to rape a North Irwin woman and her sister were dismissed Wednesday after a defense attorney claimed that the prosecution failed to make its case.

Polanski asks to be sentenced in absentia in 1977 sex case (Los Angeles Times)
Judge schedules a Jan. 22 hearing on whether such treatment is appropriate, rebuffing defense claims that an appellate court gave guidance on how to settle the matter involving a 13-year-old girl. In a new bid to conclude his long-running criminal case without returning to the U.S., Roman Polanski asked a Los Angeles judge Wednesday to sentence him in absentia for having sex with a 13-year-old ...

Defense contractor suspended over kickbacks (AP via Yahoo! Malaysia News)
A defense contractor with ties to Rep.

Defense contractor suspended over kickbacks (Deseret News)
A defense contractor with ties to Rep. John Murtha has been suspended again from bidding on government contracts, this time...

Defense contractor suspended over kickbacks (AP via Yahoo! News)
A defense contractor with ties to Rep. John Murtha has been suspended again from bidding on government contracts, this time for paying more than $200,000 in kickbacks to another contractor turned government witness.

Her Self-Defense Alibi In Fatal Subway Knifing Was Lie: Cops (Times Newsweekly)
by Robert Pozarycki After initially claiming that she fatally stabbed a 29-yearold man at a Queensbridge subway station on Christmas Eve in self-defense, a 16-year-old girl has been charged with manslaughter for reportedly killing the victim due to a dispute. read more

Defense contractor suspended over kickbacks (MSNBC)
A defense contractor with ties to Rep. John Murtha has been suspended again from bidding on government contracts, this time for paying more than $200,000 in kickbacks to another contractor.




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