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Nebraska high court rejects Omaha killer's latest appeal
Lawyer Opinion | 2018/11/14 12:42
The Nebraska Supreme Court has rejected the latest appeal by a man convicted of killing a University of Nebraska at Omaha student whose body has never been found.

The high court Friday upheld a lower court's denial of Christopher Edwards' second motion for post-conviction relief. The court found that Edwards' appeal saying the lower court should have held an evidentiary hearing on his claim that his attorney was ineffective was filed too late.

Edwards was convicted of second-degree murder in the 2006 disappearance of 19-year-old Jessica O'Grady, whose body was never found. Edwards was sentenced to 100 years to life.

The high court rejected Edwards' first post-conviction relief motion in 2012. In that motion, Edwards argued that a corrupt Douglas County crime scene investigator planted blood evidence to frame him.



Bomb suspect set for Florida court appearance
Lawyer Opinion | 2018/10/29 22:34
Bomb squads were called to a post office in Atlanta on Monday about a suspicious parcel, just hours before a court hearing for a Florida man accused of sending packages containing explosive material to prominent Democrats.

The FBI did not identify to whom the most recent package was addressed, but CNN President Jeff Zucker announced that a suspicious package addressed to the cable television network was intercepted Monday at an Atlanta post office.

Zucker said there was no imminent danger to the CNN Center. Another package was delivered to the cable network's New York offices last week, causing an evacuation.

The latest suspicious package comes just hours before a federal court hearing was to begin for Cesar Sayoc, 56, who faces five federal charges.

He is accused of sending bubble-wrapped manila envelopes to Democrats such as Barack Obama, Hillary Clinton and Joe Biden. The packages were intercepted from Delaware to California. At least some listed a return address of U.S. Debbie Wasserman Schultz, former chair of the Democratic National Committee.


Court: Montana minimizes impact of mining near Yellowstone
Lawyer Opinion | 2018/06/04 12:12
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.

The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.

The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.

The results of the exploration work would guide the company's future plans for commercial-scale mining.

Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.

State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.

The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said.


Trump administration defends Keystone XL pipeline in court
Lawyer Opinion | 2018/06/04 12:11
Trump administration attorneys defended the disputed Keystone XL oil sands pipeline in federal court on Thursday against environmentalists and Native American groups that want to derail the project.

President Barack Obama rejected the 1,179-mile (1,800-kilometer) line proposed by TransCanada Corporation in 2015 because of its potential to exacerbate climate change.

President Donald Trump revived the project soon after taking office last year, citing its potential to create jobs and advance energy independence.

Environmentalists and Native American groups sued to stop the line and asked U.S. District Judge Brian Morris to halt the project. They and others, including landowners, are worried about spills that could foul groundwater and the pipeline's impacts to their property rights.

Morris did not immediately rule following a four-hour Thursday hearing in federal court in Great Falls.

U.S. government attorneys asserted that Trump's change in course from Obama's focus on climate change reflected a legitimate shift in policy, not an arbitrary rejection of previous studies of the project.

"While the importance of climate change was considered, the interests of energy security and economic development outweighed those concerns," the attorneys recently wrote.

Morris previously rejected a bid by the administration to dismiss the lawsuit on the grounds that Trump had constitutional authority over the pipeline as a matter of national security.

Keystone XL would cost an estimated $8 billion. It would begin in Alberta and transport up to 830,000 barrels a day of crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.

Federal approval is required because the route crosses an international border.

TransCanada, based in Calgary, said in court submissions that the pipeline would operate safely and help reduce U.S. reliance on crude from the Middle East and other regions.

The project is facing a separate legal challenge in Nebraska, where landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.



Suspect in fatal bakery stabbing heads to court
Lawyer Opinion | 2018/05/21 12:08
The man suspected of fatally stabbing the co-owner of a Massachusetts bakery is heading to court to face a murder charge.

Prosecutors say 47-year-old Franklin Conza is scheduled to be arraigned Monday.

The Springfield man was arrested after police responded to the Ludlow Central Bakery just before 7 p.m. Friday and found 70-year-old Carlos Santos suffering from multiple stab wounds. He died at the hospit

Conza, who was being restrained by a bystander, struggled with police before being taken into custody.

He was held over the weekend on $1 million bail. It could not immediately be determined if he has a lawyer.

Authorities have not disclosed a motive.

The bakery said on Facebook that staff are heartbroken by the loss of "our dear Carlos Santos" and will be temporarily closed.


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