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Stoddard firefighter charged with arson due in court
Law Firm Topics | 2016/04/25 17:13

A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
 
David Plante is scheduled to be arraigned Monday in Keene.

The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.

The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.

Police have not said what evidence led them to Plante. It's unclear if he has an attorney.



Texas man executed for killing city code enforcement worker
Law Firm Topics | 2016/03/22 16:03

A Texas man on death row for killing a worker who was on his property looking for city code violations was put to death Tuesday.

Adam Ward was given a lethal injection for shooting and killing Michael Walker, a code enforcement officer who was taking photos of junk piled outside the Ward family home in Commerce, about 65 miles northeast of Dallas.

Ward insisted the 2005 shooting was in self-defense, but the 44-year-old Walker only had a camera and a cellphone.

Ward's attorneys, both at his trial and later for his appeals, described him as delusional and mentally ill. Hours before his execution, the U.S. Supreme Court rejected an appeal that argued his mental illness should have disqualified him from the death penalty.

The 33-year-old Ward thanked his supporters, expressed love for his parents who did not attend the execution and said he hoped "some positive change can come from this."

But he insisted the shooting was not a capital murder case.

"This is wrong what's happening," he said. "A lot of injustice is happening in all this. I'm sorry things didn't work out. May God forgive us all."

He was given a lethal dose of pentobarbital and as it took effect, he took a deep breath followed by a smaller one. He then stopped moving.

He was pronounced dead at 6:34 p.m. CDT — 12 minutes after the drug started to flow into him.

Ward became the ninth convicted killer executed this year nationally and the fifth in Texas, which carries out capital punishment more than any other state.

In their appeal to the Supreme Court, Ward's attorneys argued the high court's ban on executing mentally impaired prisoners should be extended to include inmates like Ward who have a severe mental illness and that putting him to death would be unconstitutional because of evolving sentiment against executing the mentally ill.

The justices have ruled mentally impaired people, generally those with an IQ below 70, may not be executed. However, the court has said mentally ill prisoners may be executed if they understand they are about to be put to death and why they face the punishment.


Supreme Court will hear Samsung-Apple patent dispute
Law Firm Topics | 2016/03/22 04:56

The Supreme Court has agreed to referee a pricy patent dispute between Samsung and Apple.
 
The justices said Monday they will review a $399 million judgment against South Korea-based Samsung for illegally copying patented aspects of the look of Apple's iPhone.
   
Apple, based in Cupertino, California, and Samsung are the top two manufacturers of increasingly ubiquitous smartphones.

The two companies have been embroiled in patent fights for years.

The justices will decide whether a court can order Samsung to pay Apple every penny it made from the phones at issue, even though the disputed features are a tiny part of the product.

The federal appeals court in Washington that hears patent cases ruled for Apple.

None of the earlier-generation Galaxy and other Samsung phones involved in the lawsuit remains on the market, Samsung said.

The case involved common smartphone features for which Apple holds patents: the flat screen, the rectangular shape with rounded corners, a rim and a screen of icons.

The case, Samsung v. Apple, 15-777, will be argued in the court's new term that begins in October.



Lawyer: US citizen charged in UN case to plead guilty
Law Firm Topics | 2016/03/17 04:56

A defense lawyer says a U.S. citizen charged in the United Nations bribery case will plead guilty Wednesday to charges.

Attorney Brian Bieber said Monday that Francis Lorenzo will plead guilty to three charges. Lorenzo is a suspended ambassador from the Dominican Republic who was arrested in the fall.

The plea comes in a case that resulted in the arrest of a former president of the U.N. General Assembly and a billionaire Chinese businessman.

Bieber says Lorenzo will plead guilty to conspiracy to commit bribery, conspiracy to commit money laundering and filing a false tax return.

Bieber says his client decided to plead guilty after reviewing the government's evidence. He says it led him to "accept responsibility for his role in the criminal conspiracies committed by him and his co-defendants."



Texas court tosses criminal case against former Gov. Perry
Law Firm Topics | 2016/02/23 22:46

The felony prosecution of former Texas Gov. Rick Perry ended Wednesday when the state's highest criminal court dismissed an abuse-of-power indictment that the Republican says hampered his short-lived 2016 presidential bid.

The 6-2 decision by the Texas Court of Criminal Appeals, which is dominated by elected Republican judges, frees Perry from a long-running criminal case that blemished the exit of one of the most powerful Texas governors in history and hung over his second failed run for the White House.

A grand jury in liberal Austin had indicted Perry in 2014 for vetoing funding for a public corruption unit that Republicans have long accused of wielding a partisan ax. The unit worked under Travis County District Attorney Rosemary Lehmberg, an elected Democrat. Perry wanted her to resign after she was convicted of drunken driving.

Perry was accused of using his veto power to threaten a public official and overstepping his authority, but the judges ruled that courts can't undermine the veto power of a governor.

"Come at the king, you best not miss," Republican Judge David Newell wrote in his concurring opinion, quoting a popular line from the HBO series "The Wire."

Perry has been campaigning for Republican presidential candidate Ted Cruz since becoming the first major GOP candidate to drop out of the race last year. He conceded to reporters in Austin on Wednesday that the indictments hurt his candidacy but didn't dwell on the impact, and said he would veto the same funding again if given the chance.

"I've always known the actions I took were not only lawful and legal, they were right," said Perry, who spoke at the headquarters of an influential Texas conservative think tank, which has previously christened its balcony overlooking downtown as the "Gov. Rick Perry Liberty Balcony."

The court said veto power can't be restricted by the courts and the prosecution of a veto "violates separations of powers." A lower appeals court had dismissed the other charge, coercion by a public servant, in July.

Perry had rebuked the charges as a partisan attack from the start, calling it a "political witch hunt," but the dismissal brought accusations of Republican judges doing a favor for a party stalwart. Texans for Public Justice, a left-leaning watchdog group that filed the original criminal complaint that led to the indictment, said Perry was handed a "gift" based on his stature.



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