... government already have laws that allow DNA testing in some circumstances. William Osborne, convicted in a brutal assault on a prostitute in Alaska 16 years ago, sued for the right to test the contents of a blue condom the victim says was used by her ... that was stripped by the designation of Saddam's government as a sponsor of terrorism. Decided on June 8, 2009. LAWYER REQUEST The Supreme Court overturned a long-standing ruling that stopped police from initiating questions unless a defendant's ...
July 1, 2009 11:21 am
... our state are conscientious, we could still do a better job in regard to gun safety. As a Birmingham personal injury lawyer, I must state that there are few events more devastating to a family and a community as a child hurt or killed ... surprise there, since 57.2 percent of Alabama households have guns, according to a spokesperson for the Violence Policy Center. Alaska, Mississippi and Nevada are the runners up in this gloomy assessment of firearm safety. The bottom line, Alabama: Unload your guns ...
July 1, 2009 09:30 am

Educate your family about your divorce

(Sam Hasler's Indiana Divorce " Family Law Blog)
Alaska Divorce Blog provides some very interesting article. I read Divorce: Tips For Your Parents and Relatives and kicked myself for not having thought of this ... cases. Which means they apply to all my family law cases. Here is the advise from Alaska: There are a couple of things that you can do to attempt to avoid having your family create ... of the divorce case and could require a different approach. If you have any concerns about these issues you should discuss them with your divorce lawyer.
July 1, 2009 03:07 am
Exxon Mobil Corp. and its oil tanker subsidiary notified lawyers for fishermen and others harmed by the massive Alaska oil spill 20 years ago that on Wednesday it will pay them $470,268,908, but returned to a federal court to continue a fight over another $54.5 million. The larger payment represents interest back to September 1996 on the punitive damages award that the company had already paid; the smaller figure represents 90 ...
June 29, 2009 05:38 pm
... adverse possession varies between states: New York - ten years; Pennsylvania - twenty one years; Alaska - seven years under color and claim of title or ten years under a mistaken ... AND PROCEEDINGS LAW § 501 (Consol. 2007); PA. STAT. ANN § 81 (LexisNexis 2008); ALASKA STAT. § 09.45.052 (2008). 3. Adverse possession without color of title ... quite substantial2 Oh Oh Follow him down to his counselor's office Where excited lawyers have dollar sign eyes Store really screwed up Had constructive notice A ...
June 29, 2009 05:05 pm

THREE DEGREES OF SEPARATION

(Gamso - For the Defense)
... . Got all that? OK, here's how it all worked in my mind. Bennett first. He quotes from a comment to this post he found from a couple of years ago at Ann Althouse's blog. One of the most annoying things about lawyers is the way they casually conflate "law" with "justice." To clarify: justice is a concept in philosophy; also to some extent in psychology, sociology, economics, etc. Law is what a bunch of mostly long-dead politicians thought would get them reelected. There's no connection between ...
June 26, 2009 02:21 am
A 5.4-magnitude earthquake struck near Anchorage today, the U.S. Geological Survey reported. It did not cause any injuries or major damage, according to officials in the city, Alaska's largest. The quake hit at 11:28 a.m. local time, the survey said. Its epicenter was about 60 miles northwest of Anchorage.
June 22, 2009 02:50 pm

New York Criminal Law News - June 20-22, 2009

(New York Supreme Court Criminal Term Library Blog)
... amp; TRIBUNALS (91%); ... ... CAPITAL PUNISHMENT (78%); CRIMINAL LAW (78%); US FEDERAL ... ALASKA, USA (95%); NEW YORK, USA (92%); DISTRICT OF ... New York 4. Newsday ... CRIMINAL ASSAULT & BATTERY (90%); JUSTICE DEPARTMENTS (78%); CRIMINAL OFFENSES (77%); LAWYERS ( ... ... LEGAL AID (65%); LAW COURTS & TRIBUNALS (65%); ... NEW YORK, ... Victoria E. Freile ... SHERIFFS (78%); INTERNET CRIME (78%); DIGITAL CAMERAS ( ... ... 74%); LAWYERS (74%); LAW COURTS & TRIBUNALS (70%) NEW YORK, USA (90%) ...
June 22, 2009 07:24 am
... case of Kiyemba, et al., v. Obama, et al. (08-1234), according to the Court's electronic docket. Lawyers for 13 Chinese Muslim (Uighur) detainees at Guantanamo are seeking to test the scope of the Court's constitutional mandate in Boumediene that the ... bars the use of any funds to release an individual now at Guantanamo into the continental U.S., the District of Columbia, Alaska or Hawaii. ** It bars the use of any funds to transfer any Guantanamo prisoner to the U.S. for prosecution for a crime, ...
June 21, 2009 08:16 am

Part of the Plan

(Simple Justice)
... backdrop to the Supreme Court's Osborne decision, one factor seems to weigh heavily in some people's mind against concern that the State of Alaska's refusal to allow William Osborne, at his own expense, to conduct a DNA test to prove his innocence. Prior to trial, a tactical decision was made: Mr. Osborne's trial lawyer decided not to pursue a second kind of DNA testing that was more discriminating. The lawyer said she feared that the results might ...
June 20, 2009 03:19 am
... in prison," Mr. Neufeld said. "Some of them will die in prison." Only four states - Alabama, Alaska, Massachusetts and Oklahoma - do not have laws in place specifically dealing with postconviction DNA testing ... was convicted of sexual assault in a 1993 attack on a female prostitute near Anchorage, Alaska. For strategic reasons, his lawyer on appeal did not seek the DNA evidence, and in parole proceedings Osborne confessed to some of the actions involved in the crime. He requested the DNA testing ...
June 19, 2009 09:31 am
... almost definitively prove his guilt or innocence. Justice John Paul Stevens said Alaska's refusal to allow the testing is the reason the court should have found there is ... that give convicts some access to DNA testing, according to the decision. The ruling was a victory for Alaska, one state that does not explicitly allow such testing, along with Alabama, ... attack has repeatedly said Osborne took part in the crimes. Osborne's lawyers had decided not to pursue the more advanced DNA testing before his ...
June 18, 2009 10:03 am
... or more of the online primary legal sources of eight states have "official traits," where evidence as to the actual status of the resources is conflicting. [Alaska, California, New Jersey, Ohio, Texas, Utah, Vermont, Virginia, District of Columbia] States have not acknowledged important needs of ... column (provided by law librarians at the Wyoming State Law Library and University of Wyoming Law Library) of the Wyoming Lawyer, October 2008, Volume 31, No. 5 (the article is available only in print).
June 18, 2009 06:27 am
... Osborne. The DQ Alpha method can only narrow a sample down to approximately 5 percent of the population. Osborne's lawyer chose not to use the more accurate RFLP method of DNA testing available at the time, because she thought that ... in 2007. Almost immediately, he committed another crime and was rearrested. When he filed his first challenge to the conviction in Alaska court, the state supreme court determined that a convict had a right to DNA evidence when the conviction was based on eyewitness ...
June 18, 2009 01:44 am
... Court of Appeals ruled that plaintiffs who sued Exxon Mobil over the massive Valdez spill that occurred off the coast of Alaska in 1989 were entitled to approximately $500 million in interest on a $507.5 million punitive award. Click here for the Recorder ... a Ponzi scheme, and is seeking more than $400 million in damages. Click here for the story, from the AmLaw Litigation Daily's Susan Beck. A lawyer representing Davis Wright told AmLaw that it wasn't "the lawyering that caused the business to ...
June 17, 2009 08:09 am
... Supreme Court in a 7-2 decision (PDF) said a special tax imposed by the city of Valdez, Alaska on oil tankers is unconstitutional because it violates the Tonnage Clause: The court on Monday struck down as unconstitutional ... , Conoco Phillips, Alaska's biggest North Slope oil producer. An estimated 24 oil tankers and four other vessels were covered by the tax. Conoco Phillips lawyer Charles Rothfield said the decision was based on two fundamentally different points of view on the constitutionality ...
June 16, 2009 05:20 am
... was reduced by lower courts. The Circuit Court did not calculate exactly how much the interest payment would now be, but lawyers for both sides had told the panel that using the 1996 starting date would yield an interest payment of about $500 million. ... arranged with them. In all, then, the company's obligation (beyond earlier amounts it had paid to the federal and Alaska state governments) stands at somewhere above $1.4 billion. After the Supreme Court had ruled a year ago that punitive damages ...
June 15, 2009 11:52 am

It's A Bird, It's A Plane, No...

(Legal Profession Blog)
A recent ethics opinion from Alaska weighs in on the Super Lawyer controversy: The use of lawyer rankings in advertising and promotional press releases has become controversial. Super Lawyers has received the most attention in recent ethics opinions. A minority...
June 12, 2009 08:12 am
... the duty of confidentiality. Massachusetts has an oft-discussed exception to Rule 1.6, which permits lawyers to disclose confidential information "to prevent the wrongful execution or incarceration of another.'" We've discussed it in a variety ... I had been under the impression that Massachusetts was the only state to have such an exception. I just discovered, however, that Alaska adopted an identical exception as of April 15, 2009. The adoption of the exception in two states does not make a trend ...
June 11, 2009 10:32 am

Layoffs and Age Discrimination

(Atlanta Employment Lawyer Blog)
... , California and a Whole Foods store in Florida. Employees are winning these cases. The last couple of weeks have seen enormous age discrimination jury awards and settlements. A jury in Massachusetts has awarded an elderly donut shop employee $100,000, and an Alaska medical center just paid $200,000 to settle a case. But don't expect companies to just start writing checks to people over 40 who get laid off. Most companies are prepared to fight these cases. In tight economic times, companies may ...
June 10, 2009 08:33 am