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Supreme Court rejects Hessler appeal
Legal News |
2011/12/26 16:36
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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Disgraced ex-journalist fights for CA law license
Legal Opinions |
2011/12/26 16:34
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A former journalist who became the subject of a Hollywood movie after he was caught fabricating articles in the late 1990s is fighting to become a lawyer in California over the objections of a state bar committee.
Stephen Glass, whose ethical missteps at The New Republic and other magazines were recounted in the film Shattered Glass and an autobiographical novel, has challenged the bar committee's decision to deny him a license to practice law, the San Francisco Chronicle reported Monday.
Glass attended law school at Georgetown University and passed California's bar exam in 2007. His application for an attorney's license was turned down by the state's Committee of Bar Examiners, which judged him morally unfit for his new profession.
But an independent state bar court ruled in Glass's favor in July and the California Supreme Court has since agreed to hear the committee's appeal. No date for oral arguments has been set.
The bar association's lawyers said in written filings that even though Glass' transgressions occurred when he was in his 20s, his attempts at atonement were inadequate and in some cases coincided with the publication of his novel. They faulted him for never compensating anyone who was hurt by his falsehoods. |
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Supreme Court says Manchester property tax data private
Legal Line News |
2011/12/25 16:36
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov |
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Lawyer: Portugal denies US appeal for fugitive
Legal Line News |
2011/12/24 16:34
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Portugal's Supreme Court has refused a request from the U.S. to extradite American fugitive George Wright, his lawyer said Thursday.
Wright's lawyer Manuel Luis Ferreira said the court rejected an appeal by the U.S. against a lower court's decision that denied extradition a month ago.
The Supreme Court has denied the appeal, Ferreira told The Associated Press. They notified me today.
The U.S. can now appeal to Portugal's Constitutional Court if it chooses to.
Ferreira said he did not have details of the ruling. In Portugal, extradition cases are conducted in secret. Ferreira said Wright intends to remain in Portugal.
A Lisbon judge decided against Wright's extradition in November, two months after he was captured in Portugal following four decades on the run.
The U.S. Justice Department filed an appeal less than two weeks later.
Supreme Court officials weren't available to comment after office hours Thursday, and the U.S. Justice Department did not immediately reply to an email seeking comment.
The lower court judge had ruled that Wright, 68, had become a Portuguese citizen and that the statute of limitations on his 15- to 30-year sentence for a robbery-murder in New Jersey had expired, according to Ferreira. |
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