Report: LAPD seeks Manson family member recordings

Court Watch 2012/05/26 15:10   Bookmark and Share
Police want to review audio recordings of conversations between a Manson family member and his attorney as detectives search for information about unsolved killings.

Los Angeles detectives seeking the material are merely practicing due diligence after receiving a tip that the recordings and other items in the estate of now-deceased lawyer Bill Boyd, who once represented Charles "Tex" Watson, were becoming available, LAPD spokesman Andrew Smith said.

"This whole thing has gotten totally blown out of proportion," Smith said, commenting on a report that first appeared on KNBC-TV.

Homicide detective Dan Jenks and Lt. Yana Horvatich, who made the request, have no specific information on what might be in the recordings, but they want to examine them, Smith said.

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Wash. lawyers challenge secret court proceedings

Court News 2012/05/25 15:10   Bookmark and Share
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.

That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?

The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.

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Court orders woman to stay away from Jeff Goldblum

Court Watch 2012/05/25 15:10   Bookmark and Share
A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.

Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.

The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.

"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration.

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Court: Families cannot sue over loan discount fee

Legal Business 2012/05/24 15:10   Bookmark and Share
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.

The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.

A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.

The law says no "person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion.

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Regulators probe bank's role in Facebook IPO

Opinions 2012/05/22 15:10   Bookmark and Share
Regulators are examining whether Morgan Stanley, the investment bank that shepherded Facebook through its highly publicized stock offering last week, selectively informed clients of an analyst's negative report about the company before the stock started trading.

Rick Ketchum, the head of the Financial Industry Regulatory Authority, the self-policing body for the securities industry, said Tuesday that the question is "a matter of regulatory concern" for his organization and the Securities and Exchange Commission.

The top securities regulator for Massachusetts, William Galvin, said he had subpoenaed Morgan Stanley. Galvin said his office is investigating whether Morgan Stanley divulged to only some clients that one of its analysts had cut his revenue estimates for Facebook before the stock hit the market on Friday.

The bank said late Tuesday that it "followed the same procedures for the Facebook offering that it follows for all IPOs," referring to initial public offerings of stock. It said that its procedures complied with regulations.

The questions about the role played by Morgan Stanley, the lead underwriter for the deal, add to the confusion surrounding Facebook's IPO. In the most hotly anticipated stock debut in years, the offering raised $16 billion for the social networking company, valuing it at $104 billion.
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Court rules NY town's prayer violated Constitution

Court Watch 2012/05/18 21:47   Bookmark and Share
An upstate New York town violated the constitutional ban against favoring one religion over another by opening nearly every meeting over an 11-year span with prayers that stressed Christianity, a federal court of appeals ruled Thursday.

In what it said was its first case testing the constitutionally mandated separation of church and state, the U.S. Court of Appeals for the Second Circuit ruled the town of Greece, a suburb of Rochester, should have made a greater effort to invite people from other faiths to open monthly meetings. The town's lawyer says it will appeal.

From 1999 through 2007, and again from January 2009 through June 2010, every meeting was opened with a Christian-oriented invocation. In 2008, after residents Susan Galloway and Linda Stephens complained, four of 12 meetings were opened by non-Christians, including a Jewish layman, a Wiccan priestess and the chairman of the local Baha'i congregation.

Galloway and Stephens sued and, in 2010, a lower court ruled there was no evidence the town had intentionally excluded other faiths.

A town employee each month selected clerics or lay people by using a local published guide of churches. The guide did not include non-Christian denominations, however. The court found that religious institutions in the town of just under 100,000 people are primarily Christian, and even Galloway and Stephens testified they knew of no non-Christian places of worship there.

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