|
|
|
NC regulators hire law firm to probe Duke Energy
Legal Watch |
2012/08/17 18:12
|
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.
The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.
State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.
A Duke Energy spokesman said the company was cooperating with regulators in their investigation.
The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September. |
|
|
|
|
|
|
Ind. court upholds life sentence for teen killer
Legal Watch |
2012/08/03 00:03
|
The Indiana Supreme Court on Tuesday upheld a sentence of life without parole for a teenager who said he wanted to be like the fictional television serial killer Dexter a few weeks before strangling his 10-year-old brother.
Andrew Conley was 17 in November 2009 when he killed his brother, Conner, while wrestling in their home near Rising Sun and dumped the boy's body in a park. He unexpectedly pleaded guilty in September 2010, averting a murder trial.
In the 3-2 ruling, the justices said Conley acted "as if nothing was out of the ordinary" after the killing. According to testimony during the five-day sentencing hearing, Conley joked with his mother and watched football the day after he killed Conner.
Conley told police he fantasized about killing people since he was in eighth grade. A few weeks before the killing, Conley told his girlfriend that he wanted to be just like the TV serial killer as they walked on the trail where he later disposed of his brother's body.
Three different psychological experts who interviewed Conley all said he was seriously mentally ill, but his appellate lawyer, Leanna Weissmann, said the judge gave too much credence to a psychologist's testimony that the teen could be a psychopath. |
|
|
|
|
|
|
Court rejects Florida prison privatization appeal
Legal Watch |
2012/07/27 18:48
|
An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets. |
|
|
|
|
|
|
Cal Supreme Court rules in child death case
Legal Watch |
2012/07/06 23:33
|
Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle. |
|
|
|
|
|
|
La. high court upholds murder conviction
Legal Watch |
2012/07/02 09:20
|
The Louisiana Supreme Court has upheld the conviction of a woman in the shooting death of her live-in boyfriend in 2009.
The Advocate reports that Mary Henderson Trahan was convicted of second-degree murder in Lafayette Parish in 2010 in the death of George Barbu.
An appeals court ruled the evidence did not support her conviction. Prosecutors appealed.
The Supreme Court this week said a rational juror could find from the evidence that Trahan had "specific intent to kill or to inflict great bodily harm" to Barbu.
Trahan had claimed she accidentally shot Barbu after she slipped and fell while holding a gun.
The Supreme Court said jurors heard no evidence to support Trahan's claim.
Trahan faces up to life in prison when she is sentenced. |
|
|
|
|
|
|
Del. court hears pedophile ex-pediatrician appeal
Legal Watch |
2012/06/14 17:32
|
A lawyer for a former pediatrician serving a life sentence for sexually abusing scores of young patients appealed Wednesday to the Delaware Supreme Court, arguing that a search warrant didn't allow police to seize a flash drive containing videotaped sex crimes against children.
Earl Bradley, 59, was sentenced last year to 14 life sentences without parole for 14 counts of first-degree rape. He also was sentenced to more than 160 years in prison for multiple counts of assault and sexual exploitation of a child in a case that shook this small state.
Bradley was convicted by a judge who viewed more than 13 hours of videos showing sex crimes against more than 80 victims, most of them toddlers. The videos were seized by police who executed a search warrant in 2009 at his Lewes office complex, which was decorated with Disney themes and miniature amusement park rides.
Bradley had waived his right to a jury trial after the trial judge denied a defense motion to suppress the video evidence because it had been illegally seized.
Defense attorneys argued Wednesday that Bradley's convictions should be reversed because the warrant did not allow police to search an outbuilding in which a computer flash drive containing the videos was found. They also said the warrant didn't allow authorities to seize the flash drive. |
|
|
|
|
|
|
Ariz. gov. orders training ahead of court decision
Legal Watch |
2012/06/13 22:51
|
Arizona's governor on Tuesday ordered a state board to redistribute a training video on the state's controversial immigration law to all law enforcement agencies.
The move comes ahead of an expected ruling from the U.S. Supreme Court this month on the law, which was signed by Gov. Jan Brewer in 2010.
Brewer said in a statement Tuesday that she wants to make sure officers are prepared if the court upholds the law.
Parts of the law blocked from taking effect include a provision requiring police to question people's immigration status while enforcing other laws if there's a reasonable suspicion they're in the country illegally.
The Arizona Peace Officer Standards and Training Board's video outlines factors that constitute reasonable suspicion that someone is in the country illegally, including language, demeanor and foreign-vehicle registration. |
|
|
|
|
|
Legal News RSS Feed
