The Mississippi Supreme Court said Wednesday it will take up the legal
challenge to the pardons ex-Gov. Haley Barbour gave out in his last days
in office.
State Attorney General Jim Hood, a Democrat, wants to invalidate dozens
of the 198 pardons that Barbour, a Republican, handed out before his
second four-year term ended Jan. 10. Ten of the people were still
incarcerated when they received reprieves.
Only about two dozen of the people pardoned followed the Mississippi
Constitution's requirement to publish a notice about their reprieves in
their local newspapers for 30 days, said Hood, who wants the others
invalidated. Barbour has said the pardons are valid and that he gave
them because he's a Christian and believes in second chances.
Most of the people who could lose their pardons already served their
sentences and have been out of prison for years. Some of them were
convicted of comparatively minor crimes as far back as the 1960s and
1970s and have never been in trouble again.
Five of the pardoned are being held on a temporary restraining order
issued by Hinds County Circuit Judge Tomie Green. The Supreme Court
extended that order until it can rule on the matter. It set a hearing
for Feb. 9 and said it would try to rule quickly.
Tuesday, March 13, 2012
Appeals court set to hear Alabama trademark suit
A federal appeals court is set to hear arguments in the trademark
infringement case between sports artist Daniel Moore and the University
of Alabama, whose football program is portrayed in a number of his
works.
They present their cases to the U.S. 11th Circuit Court of Appeals in Atlanta on Thursday.
The university filed suit in 2005 alleging that Moore violated trademark law in painting scenes from football games by showing Crimson Tide players in their crimson and white uniforms without permission.
The suit also contends that Moore reissued previously licensed prints without paying royalties.
A federal judge's ruling in 2009 found that Moore's paintings and prints were protected but that other items ? like coffee mugs ? weren't. Both sides appealed.
"The University of Alabama believes the court ruled correctly when it found that Daniel Moore and his company engaged in activities that infringe on the University's trademarks," university spokeswoman Deborah Lane said in a statement. "While we regret the necessity of having to involve the courts in this matter, the lawsuit was necessary since UA must protect the value and reputation of our trademarks, name, colors, indicia and logos, by determining who uses them, as well as when and how they are used."
Moore denied violating trademark laws and said his art constitutes free speech protected by the U.S. Constitution.
They present their cases to the U.S. 11th Circuit Court of Appeals in Atlanta on Thursday.
The university filed suit in 2005 alleging that Moore violated trademark law in painting scenes from football games by showing Crimson Tide players in their crimson and white uniforms without permission.
The suit also contends that Moore reissued previously licensed prints without paying royalties.
A federal judge's ruling in 2009 found that Moore's paintings and prints were protected but that other items ? like coffee mugs ? weren't. Both sides appealed.
"The University of Alabama believes the court ruled correctly when it found that Daniel Moore and his company engaged in activities that infringe on the University's trademarks," university spokeswoman Deborah Lane said in a statement. "While we regret the necessity of having to involve the courts in this matter, the lawsuit was necessary since UA must protect the value and reputation of our trademarks, name, colors, indicia and logos, by determining who uses them, as well as when and how they are used."
Moore denied violating trademark laws and said his art constitutes free speech protected by the U.S. Constitution.
Monday, March 5, 2012
Accused White House shooter to appear in DC court
A man accused of firing an assault rifle at the White House is expected
to appear in court in Washington. Oscar Ramiro Ortega-Hernandez is
scheduled to appear in federal court Monday at 1:45 p.m.
Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.
President Barack Obama and first lady Michelle Obama were away, and no one was injured.
Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.
President Barack Obama and first lady Michelle Obama were away, and no one was injured.
Guilty plea planned in Palin lawyer harassment
A 20-year-old Pennsylvania man has agreed to plead guilty to a federal
charge of making harassing phone calls in a case involving Sarah Palin's
lawyers.
Shawn Christy filed notice Monday in U.S. District Court that he intends to plead guilty in an expected plea agreement with federal prosecutors.
Christy plans to plead guilty and be sentenced Dec. 1, according to the document filed by Mary Geddes, assistant federal defender.
Federal prosecutors were not immediately reachable by phone late Monday. Earlier, Assistant U.S. Attorney Retta-Rae Randall said the harassing telephone calls charge carries a maximum penalty of two years in prison and a $250,000 fine.
Christy and his father, Craig Christy, both of McAdoo, Pa., face accusations of placing harassing interstate phone calls to the former Alaska governor's lawyers in early August. Palin, the 2008 Republican vice presidential nominee, had been granted state restraining orders against them.
Both men pleaded not guilty in the case in September.
Shawn Christy filed notice Monday in U.S. District Court that he intends to plead guilty in an expected plea agreement with federal prosecutors.
Christy plans to plead guilty and be sentenced Dec. 1, according to the document filed by Mary Geddes, assistant federal defender.
Federal prosecutors were not immediately reachable by phone late Monday. Earlier, Assistant U.S. Attorney Retta-Rae Randall said the harassing telephone calls charge carries a maximum penalty of two years in prison and a $250,000 fine.
Christy and his father, Craig Christy, both of McAdoo, Pa., face accusations of placing harassing interstate phone calls to the former Alaska governor's lawyers in early August. Palin, the 2008 Republican vice presidential nominee, had been granted state restraining orders against them.
Both men pleaded not guilty in the case in September.
NY top court clears probe of inflated appraisals
New York's top court has cleared the state attorney general to pursue
allegations that First American Corp. and subsidiary eAppraiseIT
inflated property appraisals under pressure from client Washington
Mutual.
The Court of Appeals says federal regulations do not pre-empt state claims alleging fraud and violations of real estate appraisal rules.
Then-Attorney General Andrew Cuomo brought the 2007 civil suit alleging the practice contributed to the national subprime mortgage crisis.
Washington Mutual collapsed in 2008 and became the nation's largest bank failure ever.
Six top court judges ruled that Congress envisioned "a robust partnership with the states" in aiming to prevent real estate appraisal abuse.
In a dissent, Judge Susan Read says the suit challenges a bank's federally regulated mortgage practices.
The Court of Appeals says federal regulations do not pre-empt state claims alleging fraud and violations of real estate appraisal rules.
Then-Attorney General Andrew Cuomo brought the 2007 civil suit alleging the practice contributed to the national subprime mortgage crisis.
Washington Mutual collapsed in 2008 and became the nation's largest bank failure ever.
Six top court judges ruled that Congress envisioned "a robust partnership with the states" in aiming to prevent real estate appraisal abuse.
In a dissent, Judge Susan Read says the suit challenges a bank's federally regulated mortgage practices.
Defendant in $670M scam enters guilty plea in Va.
A man who cooked the books for a $670 million insurance industry scam
pleaded guilty Monday to charges he helped mislead thousands of
investors worldwide.
Jorge Luis Castillo, 56, Hackettstown, N.J., entered pleas in U.S. District Court to conspiring to commit mail and wire fraud in U.S. District Court. He is scheduled for sentencing May 22 and could receive up to 20 years in prison and fined up to $250,000.
Castillo, who originally was scheduled for trial in 2012, will assist the government's prosecution of Minor Vargas Calvo, 60, the president and majority owner of Provident Capital Indemnity Ltd., a Costa Rican company. He is scheduled for trial in February. He has pleaded not guilty to similar charges.
The government called Castillo a "gatekeeper" for Provident. As a certified public accountant, he cast himself as an "outside auditor" and falsely reported a rosy financial picture for the company, which had a global client base.
"This is truly an international fraud in scope," U.S. Attorney Neil H. MacBride said in a conference call after Castillo entered his plea. "As a result of Mr. Castillo's crimes, a lot of people lost life savings to life settlement companies because of the worthless guarantees that Mr. Castillo helped create.
Jorge Luis Castillo, 56, Hackettstown, N.J., entered pleas in U.S. District Court to conspiring to commit mail and wire fraud in U.S. District Court. He is scheduled for sentencing May 22 and could receive up to 20 years in prison and fined up to $250,000.
Castillo, who originally was scheduled for trial in 2012, will assist the government's prosecution of Minor Vargas Calvo, 60, the president and majority owner of Provident Capital Indemnity Ltd., a Costa Rican company. He is scheduled for trial in February. He has pleaded not guilty to similar charges.
The government called Castillo a "gatekeeper" for Provident. As a certified public accountant, he cast himself as an "outside auditor" and falsely reported a rosy financial picture for the company, which had a global client base.
"This is truly an international fraud in scope," U.S. Attorney Neil H. MacBride said in a conference call after Castillo entered his plea. "As a result of Mr. Castillo's crimes, a lot of people lost life savings to life settlement companies because of the worthless guarantees that Mr. Castillo helped create.
Texas asks court to stop redistricting plan
The Supreme Court has been asked to stop a federal court from
implementing a state redistricting map in Texas that could increase
minority representation in the state Legislature.
The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.
The court-ordered map will remain in place until the legal fights are resolved.
The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.
The court-ordered map will remain in place until the legal fights are resolved.
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