Legal News Home page Click here to add this website to your favorites
  rss
Bar News Search >>>
Political and Legal - Legal News

Supreme Court rejects Hessler appeal

•  Political and Legal     updated  2011/12/24 16:17

The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.

Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.

Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.

A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.

Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.

Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel.



A federal appeals court will hear arguments Tuesday on requests from attorneys for the Tucson, Ariz., shooting rampage suspect to halt their mentally ill client's forced medication with psychotropic drugs and rescind his stay at a Missouri prison facility.

Jared Lee Loughner's lawyers have asked the 9th U.S. Circuit Court of Appeals to end their client's commitment at the prison in Springfield, Mo., where mental health experts are trying to make him psychologically fit to stand trial.

Loughner has been treated for his mental illness in Missouri after U.S. District Judge Larry Burns in May declared him mentally unfit to stand trial.

However, Burns ruled in late September that it's probable the 23-year-old can be made fit for trial, and ordered that Loughner's four-month stay in Missouri be extended by another four months.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting in Tucson that killed six people and injured U.S. Rep. Gabrielle Giffords and 12 others.

Prosecutors asked the appeals court to reject the requests by Loughner's lawyers, saying Burns made the correct decision in extending Loughner's stay in Missouri.

Defense attorneys argued Loughner's forced medication to treat bipolar disorder has violated his rights and that there's no evidence he can be made mentally fit for trial in the next four months. They said even if Loughner can be made fit, his right to a fair trial could be violated because of the possible sedative effect of the drugs he's being forced to take.


Venezuela's president on Sunday ordered the expropriation of 716,590 acres belonging to a British-owned company amid a disagreement over compensation for earlier takeovers of ranchland from the firm.

President Hugo Chavez announced the latest seizure after saying that Venezuela refuses to pay compensation in foreign currency to Agropecuaria Flora, a local subsidiary of the British company Vestey Group.

Chavez said the government had received a demand from the company that it be paid in dollars for the previous seizure of tens of thousands of acres. But the government insists in paying in bolivars, Venezuela's currency.

It's difficult for foreign companies operating in Venezuela to repatriate profits and other income in bolivars due to foreign currency controls in the South American country.

Representatives of Agropecuaria Flora did not answer telephone calls seeking comment Sunday.

Venezuela's expropriation of farm and ranch lands began in earnest in 2005, with the government employing a 2001 law allowing it to seize lands deemed idle or not adequately used.


A prominent law firm hired by Republican lawmakers to defend the federal ban on gay marriage said Monday it was withdrawing from the case amid criticism by advocacy groups, prompting the partner leading the work to quit.

The move by Atlanta-based King & Spalding is the latest flashpoint in the public debate over gay rights. Chairman Robert Hays Jr. said the firm chose to divorce itself from the controversy after determining that the decision to take the case wasn't vetted properly, but gay rights groups had also been pressuring the 800-lawyer company with plans for a protest Tuesday in Atlanta and with calls to its other clients. The groups cheered the move.

The decision, however, was sharply criticized by conservative groups, legal observers and the partner who had been handling the case, a former high-ranking Justice Department official under President George W. Bush. Washington-based attorney Paul Clement said he's moving to another law office so he can continue the work.

Clement had been retained by House Republican leaders after President Barack Obama ordered the Justice Department in February to stop defending the Defense of Marriage Act. His administration said it believes the 1996 law, which defines marriage as only between a man and a woman, was unconstitutional.

Ex-judge Camp sentenced to 30 days in prison

•  Political and Legal     updated  2011/03/11 12:38

Jack Camp, the former federal judge ensnared in a scandal involving drugs and a stripper, was sentenced Friday to 30 days in prison and 400 hours of community service.

Senior U.S. District Judge Thomas Hogan said he could not give a sentence of only probation because Camp had breached his oath of office.

"He has disgraced his office," Hogan said. "He has denigrated the federal judiciary. He has encouraged disrespect for the rule of law."

Before being sentenced, Camp apologized for what he had done and thanked his family and friends, many of whom filled the courtroom.

"I have embarrassed and humiliated my family as well as myself," Camp said. "I have embarrassed the court I have served on and I am deeply sorry for that. When I look back at the circumstances which brought me here and look at what I did, it makes me sick."

Camp said that at the end of the day, "the only thing I can say is that I'm so very sorry."

As a judge, Camp often meted out harsh sentences and rarely gave breaks to defendants who presented mitigating circumstances to explain their conduct. On Friday, Hogan was asked by Camp's lawyers to grant leniency because of the ex-judge's decades-long battle with a bipolar disorder and brain damage caused by a 2000 biking accident.


Breaking Legal News  |  Headline News  |  Law Center  |  Legal Business  |  Court News  |  Law Firm News  |  Legal Interviews |  Political and Legal
Practice Focuses  |  Legal Spotlight  |  Events & Seminars  |  Legal Marketing  |  Court Watch  |  Immigration  |  Press Releases
International  |  Politics  |  Justice Stories  |  Attorney Web Design  |  Celebrity Courthouse
© The Legal News Journal. All rights reserved.