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Appeals court reinstates charges against Worley
Court Watch | 2011/05/30 13:44
A state appeals court has reinstated five felony charges against former Secretary of State Nancy Worley for a second time.

The Alabama Court of Criminal Appeals issued a 4-0 ruling Friday. The charges accuse the former Democratic officeholder of violating election laws during her unsuccessful campaign for re-election in 2006. Her attorney, James Anderson, says he will ask the court to reconsider.

The charges resulted from an investigation by the attorney general. They were originally thrown out by a Montgomery judge. Then the Court of Criminal Appeals reinstated them. The Alabama Supreme Court reversed that ruling in September and told the appeals court to take another look.

The appeals court ruled Friday that prosecutors presented sufficient evidence to support the felony charges.


RIM Says Investor Suit Is 'Without Merit'
Headline Legal News | 2011/05/30 13:42
Lawyers for shareholders of the company filed a lawsuit this week in the U.S. District Court for the Southern District of New York, seeking class action status. The suit claims that between Dec. 16, 2010 and April 28 RIM executives made false and misleading statements about the company's financial condition and business prospects. The suit, which was filed by Mary T. Stabile on behalf of anyone who bought the stock during that time frame, names RIM itself, Chief Financial Officer Brian Bidulka, and co-CEOs Jim Balsillie and Michael Lazaridis as defendants.

The suit is the latest in a string of negatives for RIM. The company's BlackBerry smartphones are known for their security and reliability as email devices, but haven't kept up with Apple Inc.'s iPhones or phones that use Google Inc.'s Android software when it comes to running third-party applications. In addition to its sales struggles, the company released its first tablet, the BlackBerry PlayBook, to mixed reviews in April and had to recall about 1,000 of the devices in May due to defective operating software that could have made it impossible for users to set up the device. Most of the gadgets were recalled before being purchased by consumers.

The suit alleges that RIM "failed to inform investors that its aging product line and inability to introduce new products to the market was negatively impacting the company's business and margins." It also argues that RIM knew that BlackBerry shipments would decline and inventory would rise because of problems such as product delays and "lackluster" launches.

RIM's stock dropped 11 percent on March 25 after the company issued a lower-than-expected forecast for its fiscal first quarter. And On April 28 the stock dropped 14 percent when RIM slashed that quarterly forecast, saying it had been selling fewer and cheaper smartphones than it anticipated. Between Dec. 16 and April 29, the stock fell 17.8 percent overall.



Court refuses to reconsider Spector's appeal
Headline Legal News | 2011/05/29 13:45
An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.

The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.

The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.

They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

Defense lawyer Dennis Riordan said he will be filing an appeal with the California Supreme Court on June 13. Riordan said in an interview the court ignored a central issue of the case.


Hearing set on proposed Conn. court rules
Headline Legal News | 2011/05/29 13:43
State court officials will hear from the public on various proposed rule changes, including some that allow expanded media access in certain cases but limit it in others.

The public hearing is set for 10 a.m. Tuesday at the state Supreme Court in Hartford. The Rules Committee of the Superior Court will hear comments on revisions to the Practice Book and Code of Evidence.

The proposed changes include expanding a media coverage pilot program from Hartford to a permanent program statewide. The program allows television cameras and electronic media in courtrooms for certain proceedings.

The changes would also add sexual assault cases to the list of proceedings in which broadcasting, televising, recording and photographing would be prohibited. Cases where coverage is currently limited include family matters and juvenile proceedings.





Judge: Texas foster care lawsuit can proceed
Court News | 2011/05/27 13:43
A judge says she will allow a lawsuit challenging Texas' foster care system to proceed as a class action.

U.S. District Judge Janis Graham Jack said during a hearing Thursday that she will grant class certification for the suit initiated by the advocacy group Children's Rights.

The suit contends that the Texas system is unconstitutional and should be reformed. It was filed in March on behalf of nine children between the ages of nine and 16.

A spokesman for Texas Attorney General Greg Abbott says the state will determine its next course of action when the judge issues a written order.

The suit is the 12th of its kind initiated by the New York-based advocacy group seeking to reform child welfare systems administered by state or municipal governments.


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