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Court Will Decide Wash. Shooting Case
Law Firm News |
2008/03/17 16:57
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| The Supreme Court agreed Monday to consider reinstating the murder conviction of the driver in a gang-related drive-by shooting that horrified Seattle in 1994.pThe court will hear arguments in the fall in the case of Cesar Sarausad II. He was convicted for his role as the driver in the shooting in which Melissa Fernandes, 16, was killed and Brent Mason, 17, was wounded outside a Seattle high school on March 23, 1994./ppThe 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of faulty jury instructions./ppIn his instructions to the jury, Judge Larry A. Jordan said Sarausad could be convicted of murder regardless of whether he knew of any plan for a killing. The appeals panel ruled that the jury should have been told Sarausad could be convicted of murder only if he knew what was being planned./ppThe state of Washington asked the Supreme Court to reinstate the conviction, which had been upheld by state appeals courts./p |
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Court Accepts Crime Lab Case
U.S. Court News |
2008/03/17 11:02
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| The Supreme Court agreed Monday to decide whether prosecutors can use crime lab reports as evidence without having the forensic analyst who prepared them testify at trial.pThe reliability of crime labs has been questioned in several states and at the federal level in recent years./ppState and federal courts have come to different conclusions about whether recent Supreme Court decisions affirming the constitutional right of a defendant to confront his accusers extend to lab reports that are used in many drug and other cases./ppThe case the justices accepted, and will consider in the fall, comes from Massachusetts. Luis Melendez-Diaz was convicted of trafficking in cocaine partly on the basis of a crime lab analysis that confirmed that cocaine was in plastic bags found in the car in which Melendez-Diaz was riding./ppRather than accept the report, however, Melendez-Diaz objected that he should be allowed to question the person who prepared it about testing methods, how the evidence was preserved and a host of other issues./p |
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CNet to Appeal Court's Bylaw Ruling
U.S. Court News |
2008/03/17 11:02
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| CNet Networks Inc. said Monday that it will appeal a lower court's decision on bylaw provisions to the Delaware Supreme Court.pLast week the Delaware Chancery Court ruled that CNet's bylaws do not give it the ability to prevent a group of dissident shareholders led by an affiliate of hedge fund Jana Partners LLC from nominating directors to the company's board or proposing an increase to the board's size./ppThe court's decision incorrectly calls into question the bylaws of a large number of companies with the same or similar bylaw provisions, CNet said in a release. The company said its stockholder-approved bylaws are fully applicable to the hedge fund./ppA costly and disruptive proxy contest is not in the best interest of stockholders, and Jana should not be able to seek control of CNet without paying a premium, the company said./ppIn a letter to CNet Chief Executive Neil Ashe issued earlier Monday, Jana managing partner Barry Rosenstein questioned whether an appeal would benefit shareholders. We believe it is time for fundamental strategic and operational change at CNet, and that the nominees we have proposed... have the collective experience and expertise to successfully implement this change, he wrote./ppJana had about a 10 percent stake in CNET as of Dec. 31./p |
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Lake Stevens to halt drug testing after court ruling
Law Firm News |
2008/03/14 09:22
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Lake Stevens School District plans to suspend student drug testing after the Washington State Supreme Court ruled today that testing of student athletes is unconstitutional.
The district’s lawyer needs to review the court decision, spokeswoman Arlene Hulten said.
“On first blush, it looks like this ruling would impact our programs and we’d have to stop our random drug testing programs for grades 9 to 12,” she said.
Lake Stevens High School is one of the few in the state that uses random drug tests. In a controversial move, the school began testing students involved in extracurricular activities for drugs in 2006.
The tests have helped motivate kids to avoid drugs, Hulten said.
The court unanimously ruled in support of a challenge brought against the Wahkiakum School District's policy of random urine tests of middle school and high school student athletes. |
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