Alabama Supreme Court sets Jan. 21 execution for Brooks

The Alabama Supreme Court has set a Jan. 21 execution date for a man convicted of raping and murdering a woman more than 20 years ago.

If carried out, the death sentence against Christopher Brooks would mark Alabama's first execution in more than two years.

Justices handed down the order Monday setting the execution date. A federal judge on Monday also allowed Brooks to join a lawsuit filed by death row inmates challenging the state's new lethal injection drug combination as cruel and unusual punishment.

U.S. District Judge Keith Watkins said that Brooks has until Dec. 4 to file for a stay of execution.

Brooks was convicted for the 1993 murder and rape of Deann Campbell of Homewood.

Missouri execution on hold pending appeals court review

The U.S. Supreme Court put on hold the execution of a Missouri man at the last minute, sending the case back to an appeals court for further review.

Death row inmate Ernest Lee Johnson, who was convicted of beating three people to death with a claw hammer, was scheduled to die at 6 p.m. Tuesday at the Missouri state prison in Bonne Terre. But the Supreme Court on Tuesday night granted a stay while the 8th U.S. Circuit Court of Appeals considers whether a complaint from Johnson was properly dismissed.

Johnson, 55, claims that the execution drug Missouri uses could cause painful seizures because he still has part of a benign tumor in his brain, and surgery to remove the rest of the tumor in 2008 forced the removal of up to 20 percent of his brain tissue.

It wasn't immediately clear how quickly the appeals court might rule, but Mike O'Connell, a spokesman for the Missouri Department of Corrections, sent media witnesses who had already gathered Tuesday night for the execution home.

"There is no indication of any kind that this is going to be resolved tomorrow," O'Connell added.

In Missouri, the state has 24 hours — in this case, until 6 p.m. Wednesday — to fulfill the execution warrant or the execution has to be rescheduled.

A second appeal, to the Missouri Supreme Court, claims Johnson's life should be spared because he is mentally disabled.

The Missouri Attorney General's Office says both claims are without merit.

Houston Auto Accident Lawyer

Auto accidents account for the vast majority of personal injury claims in the US. After being involved in an auto accident most people aren’t sure what steps they should take immediately following the accident and in the days after.

The first thing to consider if you’ve been involved in an auto accident is the statute of limitations. This will vary among states and in Texas specifically, you have two years to file a case related to your accident. This two-year time limit begins the date of the accident, but it only applies to cases filed in court. For this reason it is important to file insurance claims as soon as possible – if negotiations or settlements break down along the way, you still have time to pursue damages through court. This two-year limitation doesn’t apply if a government entity was involved in the crash – for auto accidents which involve the government (say, an accident involving a public bus or unsafe public property) you have as little as 60-90 days to file an “administrative claim”. Even in a situation where a government entity was involved but didn’t seem to be at fault, it is important to file a claim as they might be more liable than you realize.

It’s important to consider who is at fault, as there are likely more parties involved than you realize. Perhaps there was a mechanical failure of the car which hit you; this would assume the automaker, and possibly auto part maker, are also at fault. Perhaps there was a large pothole which caused the other car to lose control; a situation like this might determine the government partially at fault for not maintaining road safety. It’s difficult to know who’s involved if you don’t have extensive knowledge of personal injury cases involving auto accidents and seeing the outcomes; this is why it’s always wise to consult with an attorney immediately following an accident.

The way fault is determined in Texas is also important to understand, as each state’s Comparative Fault laws will differ. Texas uses a modified comparative fault rule to determine how damages are awarded to injured parties, assuming that there isn’t only one party who is 100% responsible. For example, if you are seeking $100,000 in damages but the court determined the accident was 10% your fault, you will be awarded $90,000 (damages- %fault =award). Texas’s modified comparative fault law doesn’t apply if you are found to be 50% or more at fault, however; if you are 50% or more at fault, you won’t receive any award at all. This is why it is a “modified” comparative fault rule, as opposed to a “pure” comparative fault rule.

There is a lot to consider if you’ve been involved in an auto accident. Knowing when to file certain types of claims, how to file them, who all the involved parties are, and everything to include in your case can be very confusing, and is often done wrong. For example, administrative claims filed against the government are often dropped because the claimant didn’t include some necessary information. For these reasons it is always wise to consult with an experienced attorney. Contact The Salazar Law Firm for a free case evaluation if you or someone you know has been involved in an auto accident.

Breathalyzer Tests and DUI in Florida

Breathalyzer tests have become a standard way that officers measure the blood-alcohol level of a suspect. While the traditional tests are still used alongside a breathalyzer, the breathalyzer results are going to be one of the strongest pieces of evidence against you when evaluating your DUI case. Let’s start covering how you can possibly fight this by exploring how these results are even determined.

A breathlyzer’s goal is to determine the amount of alcohol in your blood stream. For obvious reasons, it is impractical to draw and test blood at a traffic stop, which would give the most direct results. However, breathalyzer technology actually measures the concentration of alcohol in the alveolar air and uses this figure to determine the concentration in a suspect’s blood stream. As the alcohol you’ve consumed passes through the lungs, some is evaporated into the air sacs (alveoli) and this is referred to as alveolar air, and has a direct correlation with the blood-alcohol level.

There are 3 main types of breathalyzers that are used, and each will measure the amount of alcohol present in different ways. There is the standard breathalyzer, the intoxilyzer, and the alcosensor. The breathalyzer and alcosensor rely on chemical reactions to make a determination, whereas the intoxylizer uses infrared light. Most areas in Florida will use the intoxylizer to administer breathalyzer tests. Generally speaking, all three are accepted as standard breathalyzer devices and are recognized as reliable. However, the smaller devices that are used at traffic stops need to be calibrated and administered in certain ways, and often times courts will reject these occurrences as evidence. Instead, because of the multiple ways an officer can incorrectly administer a test at a traffic stop, a more reliable breathalyzer is often used at the jail, and the results of this are thought to be far more trustworthy when determining a conviction.

There are ways to invalidate a DUI offense that most people haven’t considered. Was there a legal reason the officer stopped you? Did the testing procedure follow Federal guidelines? Do you have a medical condition that might cause a false reading? Was the breathalyzer equipment used functioning properly? Was the test analyzed properly? Cases have been overturned through exposing errors in record keeping or the computer programs which run breathalyzer tests. Cultivating this kind of defense can be tricky and confusing for many people, so we always recommend discussing your case with a certified attorney. A skilled defense attorney might even subpoena the maintenance & calibration records of the device used, if applicable to your unique situation. To discuss your case and the possibility of dismissal, contact The Law Office of Jerry Jenkins and fill out a free case evaluation request. Read more about breathalyzer tests and DUI in Florida here.

Supreme Court to review European suit against R.J. Reynolds

The Supreme Court will decide whether the European Union can pursue its lawsuit claiming that tobacco company R.J. Reynolds sponsored cigarette smuggling in Europe as part of a global money-laundering scheme with organized crime groups.

The justices agreed Thursday to review an appeals court ruling that said the EU and 26 of its member states were within their rights to sue in U.S. courts under federal racketeering laws.

The suit alleges that RJR directed, managed and controlled the scheme that involved laundering money through New York-based financial institutions.

A federal judge threw out the claims, but a three-judge panel of the 2nd U.S. Circuit Court of Appeals ruled last year that racketeering laws can apply to crimes committed in foreign countries.

The EU alleges that RJR orchestrated the scheme with the help of Colombian and Russian criminal groups and that the company laundered money through New York-based financial institutions. The EU claims the company's actions hurt the economies of EU member nations by depriving governments of tax revenues.

The suit alleges several violations of racketeering laws, including mail fraud, wire fraud, money laundering, violations of the Travel Act and laws banning material support to foreign terrorist organizations.

The company calls the claims baseless. R.J. Reynolds Tobacco Co. is a subsidiary of Winston-Salem, North Carolina-based Reynolds American Inc.

Securities Attorneys Representing Clients in Florida and Nationwide

Securities are the financial instruments that represent a form of ownership or stake in a company. Securities allow individuals to own asset(s) without taking possession of them. Because of this, securities can be exchanged easily. In addition to this, pricing securities is not difficult which is why they are a strong indicator of the value of the asset. In order to purchase or sell securities, a trader must obtain a license to ensure they have been trained to follow a set of laws established by the SEC (Securities and Exchange Commission). Despite the regulatory agencies and laws in effect, fraud is still widespread. Fraud is an “umbrella term” that encompasses a wide range of deceptive and manipulative practices utilized by perpetrators to profit at the expense of the investor(s).

 

Types of securities:

Bonds, which can be issued by corporations or the government (Federal/Local).

A corporate bond is essentially a loan to a corporate entity in which you receive interest annually until the loan is paid off. Corporate bonds offer stability and are considered safer than stock in a company. Bondholders do not get dividends or voting rights which is why in the long haul, stocks have the potential for larger returns.

A bond issued by the federal government is very low in terms of risk and most frequently issued by the US Treasury. The potential for return is significantly lower than stocks or bonds issued by corporate entities.

A municipal bond is issued by state and local government. These include a city, county, town or school district. Typically,the rate of interest is lower than that of a bond issued by a corporation.

Mutual Funds , which are composed of a variety of securities.

A mutual fund can be stock options, bonds or both. In most cases, the investment is placed in a pool with monies from other investors. The fund is managed by an investment company, who selects the securities. The risk of the investment is reduced due to the diversity of the portfolio.

Stock Options

The right to purchase or sell stock in a company, at a specific rate for a window of time. The right to purchase stock is referred to as a call, the right to sell is called a “put”.

Futures Option

A futures contract is an agreement to sell a certain security in the future for a pre-determined rate. An option is the right to purchase or sell a contract at a certain price for a specified period of time. Since it used to reduce risk, a futures option is utilized by many investors.

 

History of Regulation

The regulation of Securities in the United States dates back to the 1930’s when the New Deal was passed. In the 1930’s & 40’s, five major laws were put into place by the Federal Government.

• Securities Act of 1933 a regulation on the distribution of new securities
• Securities Exchange Act of 1934- regulation of trading securities , brokers & exchanges
• Trust Indenture Act of 1939- regulation of debt securities
• Investment Company Act of 1940- regulating mutual funds
• Investment Advisers Act of 1940- regulation of investment advisers

Since the 1940’s a number of amendments have been made to these regulations in order to promote fair trade and enforce illegitimate/illegal practices. These major laws also serve to protect investors, ensuring they are adequately informed at the time of purchase.

While many measures are in place to reduce risk, it is still inherent, especially when dealing with non-governmental entities. Educating yourself on the common practices of Fraudsters can help you identify red flags when it comes time to invest your hard earned money. While often, fraudsters target vulnerable investors, savvy, educated people are still victimized.

Florida Based Law Firm Place & Hanley have represented thousands of clients nationwide and represent individual investors in claims for securities and stockbroker misconduct. If you’ve suffered monetary loss due to misconduct or believe your investment was mishandled, contact us for a Free Case Evaluation. View the original article at The Law Offices of Place and Hanley.

US court upholds Oklahoma death row inmate's sentence

A divided federal appeals court panel upheld the murder convictions and death sentence Tuesday of a 54-year-old man who went on a multistate crime spree in 2003.

The 10th U.S. Circuit Court of Appeals voted 2-1 to affirm the death sentence of Scott Eizember, who received the punishment after his first-degree murder conviction in the Oct. 18, 2003, bludgeoning death of A.J. Cantrell, 76. Eizember was also found guilty of second-degree murder in the shooting of Patsy Cantrell, 70, for which he received 150 years in prison, as well as a variety of other charges.   

On appeal, Eizember alleged that the trial court allowed two jurors who he alleged were "impermissibly biased in favor of the death penalty," thus "depriving him of trial by an impartial jury and due process in violation of the Sixth and Fourteenth Amendments."

The court agreed with the Oklahoma Court of Criminal Appeals and a federal district judge in rejecting Eizember's claims.

Eizember was the focus of an intense manhunt following the shootings in rural Depew but eluded authorities for 37 days. He was discovered that November by a 75-year-old volunteer at a church, but then stole the volunteer's vehicle, which he abandoned near Waldron, Arkansas.

He was captured later that day outside Lufkin, Texas, after kidnapping an Arkansas physician and his wife, holding them at gunpoint for six hours and forcing them to drive. The physician eventually shot Eizember four times. Eizember was convicted of kidnapping, carjacking and using a firearm in a crime of violence in Arkansas and was sentenced 25 years in federal prison.

In a 30-page dissenting opinion, Chief Judge Mary Beck Briscoe wrote that she would affirm Eizember's convictions "but reverse his death sentence and remand for resentencing before a fair and impartial jury."