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Court tosses Sivak's death sentence
Law Firm Press Release |
2011/09/08 00:35
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The 9th U.S. Circuit Court of Appeals has reversed the death sentence of an Idaho man convicted of brutally slaying a former coworker because the state allowed a jailhouse informant to lie on the witness stand.
Lacey Mark Sivak was sentenced to death for the 1981 murder of Dixie Wilson at the Baird Oil gas station in Garden City. In a ruling handed down Wednesday, the appellate court said that while Sivak's murder conviction was appropriate, the outcome of his sentencing hearing might have been different if prosecutors hadn't knowingly presented the testimony of an inmate who lied on the stand.
Still, the appellate court said state attorneys may decide to hold a new sentencing hearing if they still want to seek the death penalty for Sivak's crimes. |
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Court upholds conviction in Iowa coach's death
Law Firm News |
2011/09/07 00:34
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An appeals court has upheld the first-degree murder conviction of a mentally ill man who shot his former football coach in the school's weight room.
Mark Becker had argued that he was legally insane when he shot Aplington-Parkersburg High School Coach Ed Thomas in June 2009. A jury found Becker guilty and rejected his insanity defense.
Doctors testified at the trial that Becker is a paranoid schizophrenic but they disagreed over whether he knew right from wrong when he shot Thomas.
Becker's lawyers argued that jurors were given incorrect instructions about the legal definition of insanity.
The Iowa Court of Appeals on Thursday agreed one instruction was incorrect but said jurors were given another instruction that correctly defined insanity. Taken together, the court says jurors were properly instructed. |
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Hundreds in Fla. want out of Chinese drywall deal
Legal World News |
2011/09/06 00:34
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Hundreds of Floridians potentially want to opt out of a proposed $55 million federal settlement over faulty Chinese drywall in hopes of pursuing individual lawsuits in state courts, the attorney for two families said Wednesday.
The lawyer, David Durkee, said a key hearing Friday in Broward County could be a major step in determining whether people dissatisfied with the class-action settlement can take their cases before juries in Florida courts.
They don't want any part of that settlement, Durkee said. They have chosen state court. They want to proceed individually and they want their day in court.
The settlement, first announced in June, involves Banner Supply Co., a major distributor of Chinese drywall, and thousands of affected homeowners, builders, installers and others in Florida. U.S. District Judge Eldon Fallon in New Orleans - where lawsuits in several states were consolidated for pretrial purposes - gave the deal preliminary approval in July.
Thousands of homes mainly in the South were affected by installation of Chinese drywall that has a foul odor, can corrode wiring and metal in appliances and cause health problems. The Banner settlement involves mostly Floridians.
Fallon also ordered a temporary halt to drywall lawsuits filed against Banner in state court. The hearing Friday before Broward County Circuit Judge Charles Greene concerns whether cases filed by the families represented by Durkee can proceed despite the federal order and settlement. |
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UNBREAKABLE - The Peggy Myers Story
Legal World News |
2011/09/02 00:34
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http://www.insiderexclusive.com/show-content/302-unbreakable-the-peggy-myers-story.html nbsp;
Imagine your life coming to a sudden Standstill by getting slammed in the face by a 100 pound, 6 foot wide...6 foot high gate, hitting you at 60 miles per hour.
That is exactly what happened to a beautiful young elementary school teacher named, Peggy Myers, one cold November Ohio morning.nbsp; Peggy suffered unimaginable injuries and 22 surgical operations later she joins the INSIDER EXCLUSIVE, in her first Television appearance in her remarkable story UNBREAKABLE - The Peggy Myers Story joined bynbsp; her lawyer, Bob Palmer @ the law firm ofnbsp; ROBERT GRAY PALMER Co. LPAnbsp; who discovered the truth about that horrible accident on November 13, 2003...And got Justice for Peggy Myers
Peggy is an inspiration to everyone that no matter what catastrophes may befall us in life with willpower with determination with the help of one's friends and with God, we can all make a comeback slowly but surely
And That is truly... Peggy Myers unbreakable spirit. And that is the same spirit that inspired Bob Palmer to get justice for Peggy, and has earned the highest respect from citizens and lawyers alike.... as one of the best Trial lawyers in Columbus In Ohio and in America.
nbsp;nbsp; nbsp;
We hope you'll tune in to UNBREAKABLE - The Peggy Myers Story this Novembernbsp; and join us on our TV website to watch it again. |
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