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US court turns down Philly DA in cop-killing case
Court News | 2011/10/12 09:44
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.


High court to decide double jeopardy question
Attorney News | 2011/10/12 09:43
The Supreme Court will decide whether a jury forewoman's offhand comment that the jury was unable to make a decision on a murder charge means the suspect can't be retried on that charge.

The high court on Tuesday agreed to hear an appeal from Alex Blueford, whose murder trial in Arkansas ended in a hung jury.

The jury forewoman told the judge before he declared a mistrial that the jury had voted unanimously against capital murder and first-degree murder. The jury had deadlocked on a lesser charge, manslaughter, which caused the judge to declare a mistrial.

Blueford argued the forewoman's statement, said in open court, meant that he has been acquitted of capital murder and first-degree murder.

Prosecutors decided to retry Blueford on all three charges. He contended he could not be retried on capital murder and first-degree murder because of Fifth Amendment double jeopardy protections.

Arkansas courts have disagreed. The high court will now review that decision.

Blueford was on trial for killing his girlfriend's 20-month-old son.


Kentucky man sues Facebook over tracking cookie
Legal Business | 2011/10/11 09:43
A Facebook user in western Kentucky has filed a federal lawsuit against the social networking giant, accusing it of violating wiretap laws with a tracking cookie recording web browsing history after logging off of Facebook.

The plaintiff, David Hoffman of Paducah, is asking a judge to grant class-action status to represent the roughly 150 million
Facebook users in the United States. Hoffman's lawsuit seeks a preliminary and temporary injunction restraining Facebook from intercepting electronic information when they are not logged in and from disclosing any of the information already acquired.

It also seeks damages of $100 per day for each of the class members or $10,000 per violation. The Kentucky lawsuit, filed Friday in U.S. District Court, is similar to cases filed in recent weeks in California, Kansas and Louisiana.


Utah bank sued over overdraft fees, policies
Headline Legal News | 2011/10/11 09:43
Zions Bank's overdraft policies and practices are being challenged in a Utah federal class action lawsuit.

Filed this week in Salt Lake City's U.S. District Court, the lawsuit contends the bank makes it difficult - if not impossible - for customers to avoid fees, even if they closely monitor accounts.

The Deseret News of Salt Lake City reports the lawsuit was filed by three law firms on behalf of a Sandy woman and other Zions customers charged overdraft fees between 2005 and 2010.

In court papers, attorneys say Zions manipulated and altered the order in which debit transactions were posted in order to maximize the number of overdrafts.

Based in Salt Lake City, Zions has branches in 10 states.  

A spokeswoman says the company doesn't comment on pending lawsuits.


Court won't hear NH presidential ballot question
Headline Legal News | 2011/10/11 09:43
The Supreme Court won't hear an appeal from the Libertarian Party over whether New Hampshire officials should have let 2008 Libertarian candidate Bob Barr be the party's sole candidate on the presidential ballot.

The high court on Tuesday refused to hear an appeal from the party, which wanted Barr as the only candidate carrying its brand on the 2008 ballot.

A second candidate, George Phillies, also petitioned his way onto the New Hampshire ballot under the Libertarian banner. Barr and the party sued, saying Barr should have been the only Libertarian candidate on that ballot.

But the federal courts threw out the party's claim that Phillies' affiliation should have been removed because the national party didn't want his name on the ballot.


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