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Serbia seeks to block execution of citizen in Nev.
Headline News |
2011/08/14 09:19
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The Serbian government is asking a Nevada court to block the execution of one of its citizens, saying its consulate was not informed of his 1994 arrest as required by international law.
Serbia, in a friend-of-the-court brief filed last week in Washoe County District Court in Reno, maintains the notification would have provided Avram Nika with assistance that could have spared him the death penalty.
Nika, 41, is on death row at Ely State Prison for the 1994 killing of a good Samaritan who stopped to help him along Interstate 80 near Reno. He has yet to exhaust his state and federal appeals.
(Nika was) particularly vulnerable to the denial of consular assistance due to his inability to speak English and his lack of familiarity with the U.S. legal system and culture, Serbia's brief says.
The failure to notify the consulate caused no mitigating evidence to be presented at his sentencing hearing — such as that he was a hard-working family man who came from poverty and was discriminated against because he was a member of a nomadic ethnic group known as Roma, also called Gypsies, according to the document.
District Attorney Dick Gammick says there was no consulate to contact because the former Yugoslavia where Nika was from was undergoing drastic change at the time. Serbia did not exist as a country then, he said, and other countries in the region came and went. |
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Dougherty siblings to appear in Colorado court
Court Watch |
2011/08/12 10:24
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A woman caught with her two brothers after a nationwide manhunt told Colorado authorities she deserved to get shot after pointing a gun at a police chief at the end of the siblings' run from the law, according to a court document.
Lee Grace Dougherty, 29, Dylan Dougherty Stanley, 26, and Ryan Edward Dougherty, 21, are being held in Pueblo County, Colo., on bonds of $1.25 million each. The three made their first court appearance Thursday by video from jail, and none made any statement during the brief hearing.
They face charges of attempted murder of a peace officer and assault on a peace officer. The charges stem from allegations that they shot rounds from an AK-47 at four patrol cars during a chase Wednesday on Interstate 25 in Colorado. The chase ended when troopers deployed spike strips to puncture the tires of the trio's Subaru, and the vehicle rolled and crashed into a guardrail. |
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Miss. judge suspended for misconduct
Law Firm News |
2011/08/12 10:24
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The Mississippi Supreme Court has suspended Alcorn County Justice Court Judge Jimmy McGee for misconduct.
The Mississippi Commission on Judicial Performance had accused McGee of interfering with a criminal case and making statements in open court encouraging others to engage in vigilante justice.
The complaint involved a case in another court in which McGee's relative was a crime victim. He allegedly said in open court in 2008 that his relative's case should have been handled down on the farm instead of in the justice system.
The Supreme Court ordered a suspension without pay for 270 days, a public reprimand and assessed $100 in court costs. |
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Lawyer: NJ student didn't mean to spy on roommate
Law Center |
2011/08/12 10:23
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A lawyer for a former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man says in newly filed legal papers that prosecutors got it all wrong and that the case should be dropped.
Nineteen-year-old Dharun Ravi faces charges, including bias intimidation and invasion of privacy, in the case that's been linked to roommate Tyler Clementi's death last September when he jumped off the George Washington Bridge.
Clementi's suicide sparked a national discussion about bullying and gay youth that prompted celebrities, senators and President Barack Obama to speak out.
But defense lawyer Steven Altman said in a brief filed Wednesday that his client was not spying on Clementi. Altman said Ravi initially turned on his webcam from a friend's computer to see what was going on in the dorm room because he was concerned about whether the man Clementi had over might steal Ravi's iPad. He stopped watching two seconds after seeing the men kissing, Altman said.
Altman provided text messages that he said Ravi sent Clementi on Sept. 22 - about the time the 18-year-old violinist from Ridgewood was on the suspension bridge crossing the Hudson River.
I turned on my camera and saw you in the corner of the screen and I immediately closed it. I felt uncomfortable and guilty of what happened, the message said. Obviously I told people what occurred so they could give me advice. Then Tuesday when you requested the room again I wanted to make sure what happened Sunday wouldn't happen again ... I turned my camera away and put my computer to sleep so even if anyone tried it wouldn't work. I wanted to make amends for Sunday night. I'm sorry if you heard something distorted and disturbing but I assure you all my actions were good natured.
Another said, in part: I've known you were gay and I have no problem with it.
Altman argued in the brief that prosecutors did not present evidence that Ravi would have broken the law by using a webcam to monitor what was happening in the dorm room he shared with Clementi, that he actually viewed any sexual images from his webcam, that he copied or distributed them, or that he deleted Twitter posts about what was on the webcam to hide evidence from investigators. |
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Ariz. governor on deadline for immigration appeal
Topics |
2011/08/10 08:55
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Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law.
The Republican governor lost her first attempt to throw out a district court's decision that blocks, among other portions of the law, a provision requiring police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally, when a three-judge panel of the 9th Circuit Court of Appeals rejected her motion in April.
Brewer vowed three months ago to take her argument before the nation's highest court, which has discretion on whether to hear her case.
The 9th Circuit said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.
Brewer's lawyers have argued that the federal government hasn't effectively enforced immigration law and that the state's intent in passing its own regulations was to assist federal authorities, as Congress has encouraged.
They also have argued the district court judge erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail. |
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Wash. man pleads guilty to defrauding ID investors
Court Watch |
2011/08/10 08:54
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A Washington man has pleaded guilty in federal court in Idaho to cheating investors out of more than $2 million and using the cash for his own benefit.
Federal prosecutors say 59-year-old Dale Edward Lowell, of Colbert, Wash., pleaded guilty to one count of wire fraud Tuesday.
Investigators say Lowell, while living in northern Idaho in 2005, started raised money from investors by telling him he was a savvy options trader. He also told investors he had taken steps to cover losses.
Altogether, prosecutors say Lowell duped 22 investor groups and raised about $2.2 million that he ultimately lost in the market, used for personal expenses or to pay off investors to keep the scheme going. |
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