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Biden and GOP rush to finalize debt ceiling deal, shore up support to prevent default
Law Firm Web News | 2023/06/02 12:22
A federal appeals court in a rare move overturned the death sentence of a man who was convicted of robbing and killing two people in Fresno in 1988, saying prosecutors knowingly presented false testimony from a key witness.

The Ninth U.S. Circuit Court of Appeals in its Wednesday ruling upheld Colin Dickey’s robbery conviction and said prosecutors could decide whether to retry him for murder. Dickey remains in prison.

“This is an exceptional case in which the prosecutor deliberately elicited, and then failed to correct, false and misleading testimony from the State’s star witness,” the court said in a ruling overturning Dickey’s 1991 death sentence.

The Fresno County prosecutor elicited the testimony from key witness Gene Buchanan, who told the jury he had not met with prosecutors or accepted any benefits from them. In fact, the court said, they had met a dozen times during the investigation, and the district attorney’s office had dismissed drug charges against him and helped him collect a $5,000 reward for implicating Dickey, one of his roommates.

Dickey was convicted in the murders of two neighbors, Marie Caton, 76, and Louis Freiri, 67, who were beaten and stabbed to death in November 1988 at Caton’s home in Fresno, where Freiri was a boarder, the San Francisco Chronicle reported.

Both Dickey and Buchanan lived with Caton’s grandson, Richard Cullumber, who according to witnesses was a drug user who frequently requested money from Caton. Five days after the attack, the court said, Cullumber fled police in a car, said he had “killed a woman,” was cornered after a high-speed chase and shot himself to death.

According to another roommate, Dickey said he had gone to Caton’s house with Cullumber to help him get the money but had nothing to do with the killings. But Buchanan testified that Dickey told him he was at the scene of the attacks, saw Freiri lying with his head slumped down, and decided that “if you kill one you might as well kill them both.”

Buchanan’s testimony “was the centerpiece of the state’s case” and without his dubious statements, “the state’s case against Dickey was weak” and lacked any direct evidence of intent to kill, Judge Morgan Christen said in the 3-0 ruling.


Wisconsin Supreme Court control, abortion access at stake
Law Firm Web News | 2023/04/03 20:58
Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending.

The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024.

It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level.

All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly.

Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.


Maryland mulls ending child sexual abuse lawsuit time limits
Law Firm Web News | 2023/02/20 15:28
Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.

Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.

Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.

This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.

Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.

In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again.


Egypt hands out life jail terms in trial over 2019 protests
Law Firm Web News | 2023/01/16 13:50
An Egyptian court on Sunday handed down life prison sentences to 38 people, including a self-exiled businessman whose social media posts helped to spark anti-government protests.

Public protests are rare in Egypt where President Abdel Fattah el-Sissi has overseen a wide-ranging crackdown on dissent. But a series of video and other social media posts by Egyptian businessman Mohamed Ali, who now lives in Spain, led to scattered street demonstrations in September 2019 over allegations of corruption and other issues.

Twenty-three of those who got life terms were tried in absentia, including Ali, according to an Egyptian criminal court handling terrorism-related cases.

The court also sentenced 44 others including children to terms ranging from five to 15 years in prison over the same charges. Twenty-one were acquitted, according to defense lawyer Ossama Badawi.

Those sentenced were convicted of a set of charges that included inciting violence against security forces and state institutions. The case stemmed from the 2019 protests in the port city of Suez that sits at the mouth of the Suez Canal.

Authorities arrested hundreds of people at the time in Cairo and across the country. Many were released but others were referred to trials.

Rights groups have repeatedly criticized such mass sentencings in Egypt and called on authorities to ensure fair trials.

Egypt’s government has in recent years jailed thousands of people, mainly Islamists, but also secular activists involved in the 2011 Arab Spring uprising that toppled longtime ruler Hosni Mubarak.


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