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Court reverses woman's conviction in child's death
Legal Focuses |
2014/09/22 14:57
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A state appeals court Wednesday overturned the conviction of a South Texas woman imprisoned for capital murder in the 2006 salt poisoning death of her 4-year-old foster son.
The Texas Court of Criminal Appeals granted a new trial for Hannah Overton of Corpus Christi. She was sentenced to life in prison without parole in the death of Andrew Burd.
Overton has argued she had ineffective counsel during her 2007 trial, and the state's highest appeals court agreed.
The court in its ruling noted Overton's defense attorneys opted not to present the testimony of an expert medical witness. The court said it "was not a reasonable decision" to withhold testimony by the physician that could have benefited Overton.
She also argued that prosecutors had withheld evidence in her trial, but the appeals court did not address that claim.
Overton contended Andrew had emotional and medical problems, including an eating disorder in which he'd consume odd food items. The boy had elevated sodium levels when he died at a Corpus Christi hospital. Tests also showed he had bleeding on the brain and swelling. A doctor who examined the child testified at Overton's trial that he could have survived if taken to the hospital earlier. |
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Case of American jailed in Cuba back in US court
Headline News |
2014/09/22 14:57
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An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.
An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.
A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.
Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence. |
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Guilty plea in California meat recall case
Headline News |
2014/08/27 12:44
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A co-owner of a Northern California slaughterhouse accused of processing cows with cancer has pleaded guilty to a criminal charge.
The San Francisco Chronicle reports that 77-year-old Robert Singleton, co-owner of Petaluma-based Rancho Feeding Corp., entered the plea on Friday to aiding and abetting in the distribution of adulterated, misbranded and uninspected meat. He has agreed to work with prosecutors who have filed charges against the company's other owner, Jesse Amaral Jr., and two employees, Eugene Corda and Felix Cabrera.
They have pleaded not guilty.
Prosecutors say the company slaughtered dozens of cows with skin cancer of the eye, and plant workers swapped the heads of diseased cattle with those of healthy cows.
Operations were halted in February after a series of recalls, including one for 8.7 million pounds of beef. |
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Law Office of Alan Segal - Greater Boston Estate Planning Attorney
Law Firm News |
2014/08/27 12:42
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The process of Estate planning begins through the arrangement of transferring assets to specific heirs and beneficiaries. This ensures that the proper people are provided with legal rights to property and other assets once you’ve passed on.
Our Greater Boston Estate Planning Lawyers have assisted in a number of wills and estate planning for our clients.
Estate planning can be a little confusing. By contacting a professional Massachusetts Estate Planning attorney, you can receive help with the following:
- leave directions and the power to act if you are incapacitated
- leave funeral instructions
- leave organ transplant instructions
- eliminate death income taxes
- maintain control over your assets
- maintain both privacy and flexibility
- make the administration of your estate as simple and quick to
execute as possible.
- select your heirs
- choose amount and time of distribution of inheritance to heirs
- avoid probate
Don’t hesitate to contact our Needham, MA Estate planning lawyer today for assistance with your will.
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Ala court upholds generic drug decision
Headline News |
2014/08/18 14:10
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The Alabama Supreme Court is standing by a decision that business sees as a defeat.
The court on Friday issued an opinion that mostly parallels its ruling last year in a generic drug case.
A divided court says the original decision isn't as broad as some are claiming. But a majority stuck by a 2013 decision saying a brand-name drugmaker can be held responsible by someone who took a generic medication made by a different company.
The Business Council of Alabama says it's disappointed. So is Wyeth, the drug manufacturer sued by Danny and Vicki Weeks over the man's use of a generic form of the brand-name medicine Reglan.
The Weeks filed suit in federal court, and a judge asked the Supreme Court to clarify state law. |
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Court: Silence can be used against suspects
Lawyer News |
2014/08/18 14:10
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The California Supreme Court has ruled that the silence of suspects can be used against them.
Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.
Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.
Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.
Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination. |
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