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Rapper "C Murder" sentenced to life

The Huffington Post writes:

Rapper Corey “C-Murder” Miller has been sentenced to life in prison for his second-degree murder conviction.

District Judge Hans Liljeberg gave Miller the mandatory life sentence on Friday, days after the rapper was found guilty of the 2002 killing by a Louisiana jury.

The 38-year-old Miller was convicted of shooting 16-year-old fan Steve Thomas at a now-closed nightclub in Harvey.

It was the second time that a jury convicted Miller in the case, but a 2003 conviction was overturned.

Miller has been in jail after pleading no contest to two counts of attempted murder in a separate altercation at a nightclub in Baton Rouge in 2001.

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On Thursday, June 25^th, the United States Supreme Court decided a case styled Atlantic Sounding Co., Inc. et al. v Edgar L. Townsend 2009 WL 1789469 (U.S. June 25, 2009).  This case marked the Supreme Court’s decision to protect a seaman’s right to receive damages for an employers’ willful and wanton disregard of a maintenance and cure obligation.

Petitioners allegedly refused to pay maintenance and cure to respondent Townsend for injuries he suffered while working on its tugboat. Townsend filed suit under the Jones Act and general maritime law, alleging arbitrary and willful failure to provide maintenance and cure. He filed similar counterclaims in the declaratory judgment action, seeking punitive damages for the maintenance and cure claim.

The District Court denied petitioners’ motion to dismiss the punitive damages claim, but certified the question for interlocutory appeal. Following its precedent, the Eleventh Circuit held that punitive damages may be awarded for the willful withholding of maintenance and cure.

At issue in the Townsend case was whether an injured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure.

Central to resolving this case were three settled legal principles. First, punitive damages have long been available at common law. Second, the common-law tradition of punitive damages extends to maritime claims. And third, there is no evidence that claims for maintenance and cure were excluded from this general admiralty rule.

The general rule that punitive damages are available at common law extends to claims arising under federal maritime law. The Supreme Court relied upon a previously decided case, i.e., Lake Shore & Michigan Southern R. Co. v Prentice, (147 U.S. 101) in making the above statement. The Prentice court held that courts of admiralty are to proceed upon the same principles as courts of common law, in allowing exemplary damages.

The only statute that could have served as a basis for overturning the common-law rule was the Jones Act. However, the plain language of the Jones Act does not provide a basis for overturning the common-law rule. The Townsend court’s previous decisions have repeatedly observed that the Jones Act preserves common-law causes of action such as maintenance and cure, and supports the view that punitive damages awards remain available in maintenance and cure actions after the Act’s passage.

Punitive damages have long been a remedy available at common law for wanton, willful, or outrageous conduct. The common-law punitive damages tradition extends to claims arising under federal maritime law.

The petitioner, Atlantic Sounding Co., cited Miles v Apex Marine Corp. (498 U.S. 19) in their argument. The Townsend court held that Miles did not limit recovery to the remedies available under the Jones Act. The Townsend court further held that Miles did not address either maintenance and cure actions in general or the availability of punitive damages for such actions. The case grappled with the question of whether general maritime law should provide a cause of action for wrongful death based on unseaworthiness. This case was not dealing with the availability of remedies for wrongful-death actions brought under general maritime law. Thus, the reasoning in Miles did not apply here.

The Townsend court held that the quest for uniformity in admiralty law does not require narrowing available damages to the lowest common denominator approved by Congress for distinct causes of action.

The Townsend dissent failed to acknowledge that the general common-law rule made punitive damages available in maritime actions. The dissent never explained why maintenance and cure actions should be excepted from this general rule. The fact that they want to limit recovery for maintenance and cure to whatever is permitted by the Jones Act would give greater pre-emptive effect to the Act than is required by its text, Miles, or any other court decisions.

The majority opinion in Townsend noted that punitive damages have long been an accepted remedy under general maritime law. Further, nothing in the Jones Act altered this understanding. Thus, damages for the willful and wanton disregard of the maintenance and cure obligation should remain available in this case as a matter of general maritime law. The Townsend court affirms the judgment of the 11^th Circuit Court of Appeals.

The Townsend opinion leaves the reader satisfied, knowing the Supreme Court continues to look out for seamen and their rights under general maritime law.

Gordon & Elias, L.L.P., represents clients in all aspects of personal injury and wrongful death. They are a boutique law firm with a nationwide practice focusing on Jones Act-Admiralty-Maritime Law , FELA and Trucking Accident Litigation . Gordon & Elias, L.L.P., was formed in 2000. Attorneys Steve Gordon and R. Todd Elias bring over 39 years of combined experience to the representation of their clients. The firm has the experience and resources to pursue recovery from large corporate defendants and/or their insurers.

sonia-sotomayor

I am concerned about Sonia Sotomayor being confirmed as the latest supreme court judge. I am not comfortable with her decision in New Haven Connencut that ruled against the firefighters being promoted on merit. That was a bad decision and is being appealed to the Supreme Court. I am also very uncomfortable with her remarks found on the Youtube video where she speaks of policy being made from the bench.

Her latest quote “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.” doesn’t bother me as much. I don’t think she is a racist.

Leading conservative commentators and news outlets have jumped on the 2001 Sonia Sotomayor quote claiming that she has said that Latinas are better than white men. If you read the quote in context, it’s clear that Sotomayor was merely saying that it’s inevitable that a judge’s personal race-based and gender-based experiences will impact judging, particularly in race and sex discrimination cases. As a result, she said, while such formative experiences can be enriching and contribute to wise decisions, a judge should also be aware of them in order to avoid being wholly dominated by them. She vowed “complete vigilance in checking my assumptions, presumptions and perspectives.”

Rush Limbaugh, in an apparent reaction to the quote, said that Sotomayor is a “reverse racist” who “has put down white men in favor of Latina women.” Fox News’ Megyn Kelly said it shows Sotomayor thinks “that Latina judges are obviously better than white male judges.”

Michelle Malkin, meanwhile, said it shows that Sotomayor wants her personal experiences to “cloud her jurisprudence.”

“I can and do aspire to be greater than the sum total of my experiences, but I accept my limitations,” she said — the opposite of what critics claim she said. This quote is from a socialist. So if you beleive your future is determined by the friends you keep, then we should have something to worry about.

Obama has stated that he is looking to appoint a judge with empathy. When was that ever a requirement in determining consitiutional law. The constitution is what it it. It is not a living document that should be activated and changed from the bench.

I predict that Sonia Sotomayor will be confirmed. The democrats outweigh the Repubicans on this one.

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KHARTOUM (Reuters) – Lawyers from the Pentagon’s legal office will meet with families of Sudanese Guantanamo detainees to discuss how they might be released, a Sudanese foreign ministry official said Friday.

The U.S. delegation arrived in the Sudanese capital on Thursday as the diplomatic detente between Khartoum and the new administration in Washington is showing further signs of a thaw. U.S. Senator John Kerry and U.S. Special Envoy Scott Gration have both visited Sudan this month.

“They are here to collect information for their (the prisoners’) civil defense to facilitate their release,” said Mohammed Omar, who heads the consulates and expatriates section at the foreign ministry.

“They will also meet concerned Sudanese parties from the interior and justice ministries as well as the security and intelligence apparatus and a representative from the lawyers’ syndicate,” Omar told Reuters.

Omar said the delegation would remain in Sudan until Wednesday. U.S. embassy officials in Khartoum have declined to comment on the visit.

Since taking office in January, U.S. President Barack Obama has ordered the closing down of the prison camp at the Guantanamo military base in Cuba.

Washington has had tense relations with the Islamist government of Omar Hassan al-Bashir, who came to power in Africa’s largest country in a 1989 coup.

The United States imposed economic sanctions on Sudan in 1997 and labeled it a “state sponsor of terrorism.”

Ties were strained further by the conflict in Darfur, which both Obama and his predecessor George W. Bush have called genocide, a description Sudan’s government rejects.

Bashir has however struck a more conciliatory tone in his recent comments on the United States. Obama has said the United States will seek a way to restart talks between rebels in Darfur and the Khartoum government.

(Reporting by Yara Bayoumy; Editing by Giles Elgood)

Reported by The AP Associated Press

UNDERHILL, Vt. – The unassuming ship captain who escaped the clutches of Somali pirates said upon his triumphant arrival home Friday that he was just an ordinary seaman doing his job, not a hero, and he praised the Navy for its daring rescue mission.

“They’re the superheroes,” Richard Phillips said. “They’re the titans. They’re impossible men doing an impossible job, and they did the impossible with me. … They’re at the point of the sword every day, doing an impossible job every day.”

Phillips was saved on Easter Sunday, when Navy snipers killed three pirates with three simultaneous nighttime gunshots.

“I’m not a hero, the military is,” he said, appearing healthy and invigorated at a brief airport news conference shortly after his arrival.

Phillips’ wife, Andrea, and their adult children, Daniel and Mariah, went on board the corporate jet to greet him at the Burlington airport. Phillips, wearing a cap from the USS Bainbridge destroyer, which rescued him, waved to a small, cheering crowd and hugged his daughter as he walked inside a building for a private reunion.

He later emerged to praise his fellow crew members of the Maersk Alabama cargo ship.

“We did it,” he said. “We did what we were trained to do.”

When Phillips was rescued, his arms were bound. On Friday, abrasions and scabs could be seen on the insides of his forearms. Asked what the high-seas hostage experience was like, he said: “Indescribable, indescribable.”

The captain, who spoke for just a couple of minutes, was to be feted later at his home in nearby Underhill with his favorite beer and a homemade meal.

Police escort
After his airport appearance, Phillips, 53, was driven home in a dark sport utility vehicle, a Vermont State Police cruiser leading the way into the small rural community where he lives, past freshly tilled farm fields, a pen with spring lambs in it and clusters of neighbors who came out of their houses to wave as he passed.

He doffed the baseball cap and waved it out the window as he passed Chamberlin’s Garden & Farm Market, where four cars sat idling, their drivers honking their horns.

Arriving at his small white farmhouse, he found it festooned with ribbons, “Welcome Home” balloons and signs, with a flag-waving contingent of about 25 people standing on the other side of the road, cheering.

“To be able to come home, safe and sound, from such a harrowing experience … oh, how Andrea’s heart must be filled with joy right now,” said Kathy Wright, of neighboring Jericho, a friend who waved red, white and blue pompoms when Phillips’ vehicle pulled into the driveway.

There was no immediate plan for a parade or public celebration, owing to the family’s status as somewhat reluctant celebrities.

“We’re respecting the family’s wishes and waiting to see what they’d like to do,” said Kari Papelbon, the town’s zoning administrator.

Yellow ribbons of hope
But all around town, the yellow ribbons that came to symbolize Underhill’s hope during the five days of Phillips’ captivity fluttered in a spring breeze, with lots of late additions as his arrival drew near.

There was a “Welcome Home Captain” sign in front of the Stitch In Time yarn shop, a “Welcome Home Captain Phillips” sign in front of Browns River Middle School and a “Welcome Home Captain Phillips” tar paper sign affixed to a red barn across the street from the family’s home.

Just as telling were a pair of posterboard signs on the fence in front of Phillips’ home.

“Thank You for Your Prayers,” said one.

“Please Give Us Some Time as a Family,” said another, a polite message to members of the media and anyone else hoping to get close.

Police also had kept people away from the airport. Still, two women inspired by the bravery of Phillips, who gave himself to the pirates as a hostage to save his Maersk Alabama crew, sat in the airport’s parking lot with a sign to welcome him home: “You’re a good man, Captain Phillips,” it read.

‘He’s a good man’
“We’re so, so proud of him,” said Lynn Coeby, of Ripton, alongside her mother, Eleanor Coeby. “We think that he has such character and morals and ethics to potentially put his life at risk for his crew, and we wanted to be here to say we think he’s a good man.”

Reorted by AP Associated Press

TEHRAN, Iran – Secretary of State Hillary Rodham Clinton said Saturday she is “deeply disappointed” by Iran’s sentencing of an American journalist in closed-door trial.

A lawyer for journalist Roxana Saberi said the 31-year-old dual American-Iranian citizen was convicted of spying and sentenced to eight years in prison.

Clinton said in a statement the U.S. is working with Swiss diplomats in Iran to get details about the court’s decision and to ensure Saberi’s well-being. Clinton said the U.S. will “vigorously raise our concerns” with Tehran. She said Saberi was in Iran to learn more about her cultural heritage.

Saberi, a dual American-Iranian citizen, was arrested in late January and initially accused of working without press credentials. But earlier this month, an Iranian judge leveled a far more serious allegation, charging her with spying for the United States.

She appeared before an Iranian court behind closed doors on Monday in an unusually swift one-day trial. The Fargo, North Dakota, native had been living in Iran for six years and had worked as a freelance reporter for several news organizations including National Public Radio and the British Broadcasting Corp.

“Saberi has been sentenced to eight years in jail. I’ll definitely appeal the verdict,” lawyer Abdolsamad Khorramshahi told The Associated Press.

The United States has called the charges against Saberi baseless and has demanded her release, and the conviction and prison sentence could put strains on efforts to improve ties.

President Barack Obama has said it wants to engage Iran in talks on its nuclear program and other issues — a departure from the tough talk of the Bush administration.

Iran has been mostly lukewarm to the idea, but on Thursday Iran’s hard-line president gave the clearest signal yet that the Islamic Republic was also willing to start a new relationship with Washington.

U.S.: Jailing not helpful
In a speech Wednesday, President Mahmoud Ahmadinejad said Iran was preparing new proposals aimed at breaking an impasse with the West over its nuclear program.

But it was uncertain how Washington would react to Saberi’s conviction. On Thursday, the State Department said Saberi’s jailing was not helpful and that Iran would gain U.S. good will if it “responded in a positive way” to the case.

The United States severed diplomatic relations with Iran after its 1979 Islamic revolution and takeover of the U.S. Embassy in Tehran.

Human rights groups have repeatedly criticized Iran for arresting journalists and suppressing freedom of speech. The government has arrested several Iranian-Americans in the past few years, citing alleged attempts to overthrow its Islamic government through what it calls a “soft revolution.” But they were never put on trial and were eventually released from prison.

Iran has released few details about the charges against Saberi. Iranian officials initially said she had been arrested for working in the Islamic Republic without press credentials and she had told her father in a phone conversation that she was arrested after buying a bottle of wine.

An Iranian investigative judge involved in the case charged that Saberi was passing classified information to U.S. intelligence services.

Her parents, who traveled to Iran from their home in Fargo in a bid to help win their daughter’s release, could not immediately be reached for comment on Saturday.

Source Timesonline: Sheera Frenkel in Jerusalem

The Israeli military is preparing itself  to launch a massive aerial assault on Iran’s nuclear facilities within days of being given the go-ahead by its new government.

Among the steps taken to ready Israeli forces for what would be a risky raid requiring pinpoint aerial strikes are the acquisition of three Airborne Warning and Control (AWAC) aircraft and regional missions to simulate the attack.

Two nationwide civil defence drills will help to prepare the public for the retaliation that Israel could face.

“Israel wants to know that if its forces were given the green light they could strike at Iran in a matter of days, even hours. They are making preparations on every level for this eventuality. The message to Iran is that the threat is not just words,” one senior defence official told The Times.

Officials believe that Israel could be required to hit more than a dozen targets, including moving convoys. The sites include Natanz, where thousands of centrifuges produce enriched uranium; Esfahan, where 250 tonnes of gas is stored in tunnels; and Arak, where a heavy water reactor produces plutonium.

“We would not make the threat [against Iran] without the force to back it. There has been a recent move, a number of on-the-ground preparations, that indicate Israel’s willingness to act,” said another official from Israel’s intelligence community.

He added that it was unlikely that Israel would carry out the attack without receiving at least tacit approval from America, which has struck a more reconciliatory tone in dealing with Iran under its new administration.

Port of  Spain,  April 17, 2009 -  President Obama shook hands with Venezuelan Presiden Hugo Chavez  during an impromptu meeting with the anti-U.S. leader at the Summit of the Americas.

“I greeted Bush with this hand eight years ago; I want to be your friend,” Chavez told Obama, according to a Venezuelan presidential press office statement.

Chavez, a staunch ally of Cuba, had became one of the Bush’s administrations most strident critics. In March, he called Obama at best an “ignoramus” after the U.S. leader said Chavez obstructed progress in Latin America.

 Ties between Washington and Caracas have frayed under Chavez, who often accuses U.S. officials of trying to topple him. Chavez expelled the U.S. envoy to Caracas in September in a dispute over U.S. activities in Venezuelan ally Bolivia.

 Former soldier Chavez says socialist revolution can counter U.S. free-market policies in South America and he has become a standard-bearer for anti-U.S. sentiment in the region. But Washington has branded him a threat to regional stability. (Reporting by Patrick Markey; Editing by Eric Walsh)

Foreclosure filings — default notices, auction sale notices and bank repossessions — were reported on 341,180 properties in March, 46% more than a year ago and 17% more than February’s total, according to the latest report from RealtyTrac Inc., a foreclosure listing firm. (RealtyTrac is a partner of MSN Real Estate.) Read more about  Foreclosures surge back with a vengeance

A former top official in the administration of President George W. Bush called the publication of the memos “unbelievable.”

“It’s damaging because these are techniques that work, and by Obama’s action today, we are telling the terrorists what they are,” the official said. “We have laid it all out for our enemies. This is totally unnecessary. … Publicizing the techniques does grave damage to our national security by ensuring they can never be used again — even in a ticking-time- bomb scenario where thousands or even millions of American lives are at stake.”  Read More