Todays Date: Click here to add this website to your favorites
  rss
Legal News Search >>>
law firm web design
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming


A convicted Honduran drug trafficker and former leader of a cartel testified in United States federal court Thursday that he paid now-President Juan Orlando Hernandez $250,000 for protection from arrest in 2012.

Devis Leonel Rivera Maradiaga, former leader of the Cachiros cartel, testified that he made the payment in cash through one of Hernandez’s sisters, Hilda Hernandez, in exchange “for protection so that the military police and preventive police didn’t capture us in Honduras.”

He said he also paid so that he wouldn’t be extradited to the U.S. and so companies used by the Cachiros to launder money would be favored by the government. Rivera Maradiaga has admitted to being involved in 78 murders.

At the time of the alleged bribe, Juan Orlando Hernandez was leader of Honduras’ Congress, but had begun angling for the presidency, which he won in 2013. He took office the following January. Hilda Hernandez, who later served in his administration, died in a helicopter crash in 2017.

The accusation came in the third day of testimony in the trial of alleged drug trafficker Geovanny Fuentes Ramirez. U.S. prosecutors have made it clear that allegations against President Hernandez would arise during the trial, though he has not been charged.

Fuentes Ramirez was arrested in March 2020 in Florida. He is charged with drug trafficking and arms possession.

Hernandez has vehemently denied any connection to drug traffickers. One of his brothers, Juan Antonio Hernandez, was convicted of drug trafficking in the same court in 2019.

During that trial, the president was accused of accepting more than $1 million from Mexican drug trafficker Joaquin “El Chapo” Guzman.

U.S. prosecutors have alleged that much of Hernandez’s political rise was funded by drug traffickers who paid to be allowed to move drugs through Honduras without interference.

In January, U.S. federal prosecutors filed motions in the Fuentes Ramirez case saying that Hernandez took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.

The documents quote Hernandez ? identified as co-conspirator 4 ? as saying he wanted to “‘shove the drugs right up the noses of the gringos’ by flooding the United States with cocaine.”

This week, Hernandez has said in a series of Twitter messages that the witnesses in New York are seeking to lighten their sentences by making up lies against him.



After being reinstated by the nation’s Supreme Court, Nepal’s Parliament began a session on Sunday that will likely determine the future of the prime minister and the government.

The split in the ruling Nepal Communist Party has left Prime Minister Khadga Prasad Oli without the majority of votes in Parliament required for him to continue in office. Oli so far has refused to step down and is determined to continue.

A vote of no confidence against Oli is likely to be brought by the splinter group from his own party, which would force him to step down. The group has not yet made a formal decision.

Oli would have to get the support of other political parties in Parliament in order to stay in power. The process could take days, leaving an unstable political situation in the country.

Oli had the president dissolve Parliament in December and announce fresh elections after the rift in the party. Last month, the Supreme Court ordered the reinstatement of Parliament in response to several cases filed with the court charging that Oli’s decision to dissolve the legislature was unconstitutional.

Since Parliament’s dissolution, there have been regular street protests against Oli by tens of thousands of people in Kathmandu and other cities.

Oli became prime minister after the party won elections three years ago. His party and that of former Maoist rebels had merged to form a strong Communist party to win the elections.

However, there has been a power struggle between Oli and the leader of the former Maoists rebels, Pushpa Kamal Dahal, who is also co-chair of the party. The two had previously agreed that they would split the five-year prime minister’s term, but Oli has refused to allow Dahal to take over.




Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts.

The 14 judges of the 2nd U.S. Circuit Court of Appeals in Manhattan who heard arguments in U.S. v. Gerald Scott were left to decide how to label the 1998 killings that they agreed were “undoubtedly brutal.”

Ultimately, the full court voted 9-to-5 this week to conclude that Scott’s crimes were indeed violent. But their votes came with a robust debate over a legal puzzle that has vexed multiple federal courts ? even if, they agreed, the answer might seem like common sense.

A lower-court judge had decided that Scott’s convictions' on manslaughter charges ? meant he had not been convicted of a violent crime. He was freed after serving just over 11 years of a 22-year sentence.

The decision did not shock judges who considered the appeal in November in a unique gathering known as an “en banc” meeting of the full 2nd Circuit.

That’s because two laws at stake ? the Armed Career Criminal Act and the Career Offender Sentencing Guideline ? do not define a violent crime by what the defendant actually did. Instead, the crime is defined by the minimum acts someone might have committed and still been convicted of the offense.

In Scott’s case, the lower court judge concluded that manslaughter can be a crime of omission in which no force is used ? if somebody fails to feed someone who dies of starvation or fails to tell someone that their food is poisoned, for example.

A three-judge 2nd Circuit panel later agreed, prompting federal prosecutors to seek the rare full-court proceeding to try to overturn the appeals finding.

The issue had been confronted before in at least two other “en banc” proceedings nationwide and by numerous judges in other court hearings. Still, in various opinions issued Tuesday, the judges in Scott’s case allowed that the question might sound odd to a layperson.



A man and two companies in Alaska have been sentenced to three years probation and a $35,000 fine for violating the Clean Air Act involving asbestos work at a shopping center more than five years ago, a judge said.

The work was performed at the Northern Lights Center in Anchorage, the former location of an REI store. Reports of potential asbestos exposure at the time closed the store for a day back in 2015, authorities said.

U.S. District Court Judge Joshua Kindred sentenced Tae Ryung Yoon, 64, on Friday to probation, fined him $35,000 and said he owes $30,000 in restitution for medical monitoring of the four workers who claimed they were exposed to asbestos, the Anchorage Daily News reported.

The owners of Yoo Jin Management Company Ltd. and Mush Inn Corp. were also sentenced after agreeing to plead guilty to a charge of violating the Clean Air Act’s Asbestos Work Practice Standards. Both companies are owned by Chun Yoo, who is in his 80s and has “serious medical conditions,” and his wife, attorney Kevin Fitzgerald said. The couple still owns the center.

The case centers on workers who said they were exposed to asbestos during improperly conducted renovations involving an old boiler room. The work was stopped when two of the workers raised concerns.

High levels of asbestos exposure can cause lung disease or cancer.

Prosecutors said in a statement that the building owners and manager relied on a contractor who was not a certified asbestos abatement contractor and “failed to inform the contractor of the possibility of asbestos in the old boiler room.”

Fitzgerald argued that an assessment indicated no evidence of asbestos when his clients bought the center in 2006. Yoon was the building’s property manager at the time.

Documents show the boilers were replaced by another company in 2012 and the old ones were removed in 2014 to make more room. Some of the workers took photos of what they thought was asbestos and emailed them to the property management company that employed Yoon.



A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.

Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row.

Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997.

In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request.

Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years.

Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys.

Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned.

In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional.

The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him.

The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.




Law Promo's specialty is law firm web site design. Professional Law Firm Website Redesign by Law Promo

ⓒ Legal News Post - All Rights Reserved.

The content contained on the web site has been prepared by Legal News Post
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.