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Supreme Court rejects Hessler appeal
Court Watch | 2011/12/26 16:32
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.


Disgraced ex-journalist fights for CA law license
Court Watch | 2011/12/26 16:31
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.


France ponders removing risky breast implants
Court Watch | 2011/12/22 11:04
Emmanuelle Maria's breasts were burning and globules of silicone gel were protruding into her armpits. Her implants had exploded inside her. Yet her doctors, she says, told her nothing was wrong.

Now, she wants the French government to tell 30,000 women to get their implants removed — at the state's expense — to call attention to their risks and save others from potential pain and indignity.

Prompted by calls from implant wearers and leading doctors, French health authorities are considering a drastic and unprecedented move: recommending mass surgery to rid the country of a type of breast implant that investigators say was secretly made with cheap industrial silicone whose medical dangers remain unclear.

Governments around Europe are hanging on France's decision Friday. Tens of thousands more women in Britain, Italy, Spain and other European nations are walking around with the same pre-filled implants, made by the now-defunct French company Poly Implant Prothese, or PIP.

Health officials from several European countries held a conference call Wednesday to discuss the implants, Portugal's Director-General of Health, Dr. Francisco Jorge, told The Associated Press. European Commission spokesman Frederic Vincent said no decisions were made, but France informed the others of the situation.


Polygamous family launches challenge of Utah law
Court Watch | 2011/12/20 10:24
Reality TV stars Kody Brown and his four wives say they just want one thing: to be left alone.

As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.

"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.

The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.

While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.

The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship.


Saab files for bankruptcy after Chinese deal fails
Court Watch | 2011/12/19 11:27
Saab Automobile filed for bankruptcy on Monday, giving up a desperate struggle to stay in business after previous owner General Motors Co. blocked takeover attempts by Chinese investors.

Saab CEO Victor Muller personally handed in the bankruptcy application to a court in southwestern Sweden, ending his two-year effort to revive the carmaker that over more than six decades has become known for its rounded sedans and quirky design features.

The Dutch entrepreneur told reporters he had to pull the plug after GM, which still owns some technology licenses for Saab, rejected a last-ditch financing plan involving a Chinese company.

"That basically was the last nail in the coffin of this beautiful company," Muller said in webcast news conference at the Saab plant in Trollhattan, southwestern Sweden.

The Vanersborg District Court was expected to approve the application later Monday.

"This is the most unwelcome Christmas gift I could have imagined," said Fredrik Almqvist, 36, who has worked at Saab's assembly line for nearly 17 years.

While experts say the company is likely to be chopped up and sold in parts, local officials in the town of Trollhattan, where Saab employs more than 3,000 people, were holding out hope that a new buyer would emerge to salvage the brand.


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