Thursday, June 27, 2013

San Antonio, Texas - Guardianships Lawyer

The Aldrich Law Firm's in Texas is a skilled attorney in all aspects of guardianship. Many families may not fully understand the complexities of these cases when an adult is incapacitated and a person need supervision and protection. In Texas, the Probate Code states that guardianship as “a legal process to provide protection for adults who are incapacitated.” A “ward” is an incapacitated person who cannot make decisions for themselves, and a “guardian” is a court-appointed person or entity that makes decisions on their behalf. When matters get complicated and decisions related to the well-being and care of a person need to be made, you can reach out to a guardianship lawyer in San Antonio to help you with your legal matters.

Thursday, May 23, 2013

Appeals court allows capital retrial of Wolfe

A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.

Tuesday, April 16, 2013

Court: Can human genes be patented?

DNA may be the building block of life, but can something taken from it also be the building block of a multimillion-dollar medical monopoly?
The Supreme Court grapples Monday with the question of whether human genes can be patented. Its ultimate answer could reshape U.S. medical research, the fight against diseases like breast and ovarian cancer and the multi-billion dollar medical and biotechnology business.
"The intellectual framework that comes out of the decision could have a significant impact on other patents - for antibiotics, vaccines, hormones, stem cells and diagnostics on infectious microbes that are found in nature," Robert Cook-Deegan, director for genome ethics, law & policy at Duke University, said in a statement.
"This could affect agricultural biotechnology, environmental biotechnology, green-tech, the use of organisms to produce alternative fuels and other applications," he said.
The nine justices' decision will also have a profound effect on American business, with billions of dollars of investment and years of research on the line. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years.

Monday, April 8, 2013

Doctor to plead guilty in CA prescription case

A Southern California doctor has agreed to plead guilty to charges of illegally prescribing drugs to his patients at nightly meetings in Starbucks stores.
Court documents show 44-year-old Alvin Mingczech Yee entered into a plea agreement earlier this week. He is expected to plead guilty to seven counts at a April 17 hearing.
Prosecutors say Yee saw up to a dozen patients nightly at Starbucks coffee stores across suburban Orange County at meetings that cost up to $600. Prosecutors say Yee barely examined them but prescribed drugs including OxyContin and Vicodin.
Yee was arrested in October 2011 at his Irvine office and has been free on bond.

Tuesday, February 5, 2013

Arnold Law Office, LLC - Criminal Defense

If you are facing Oregon state or municipal criminal charges, it is important to promptly retain competent criminal defense legal counsel.  A thorough review by an Oregon criminal defense attorney followed by an investigation can often make or break a case. The most candid remarks from potential witnesses come before the state has had multiple opportunities to interrogate and prepare witnesses. This is especially important in serious felony cases or Measure 11 and other mandatory minimum sentence cases.

When your liberty is in jeopardy due to a criminal case, it is important to invest in an Oregon criminal defense lawyer who will give your case the attention that it and you deserve.  You need to make an informed decision about the merits and hazards of a jury trial versus the advantages of plea negotiations. 

http://www.arnoldlawfirm.com/defense.html

Wednesday, January 9, 2013

Court weighs warrantless blood tests in DUI cases

The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.

Thursday, November 8, 2012

Court allows hearings in Nevada abortion case

The Nevada Supreme Court on Tuesday denied a request to block a judge's hearings into the health risks of a mentally impaired woman's pregnancy.

The court's unanimous ruling allowed Washoe County District Judge Egan Walker to resume the evidentiary hearings Tuesday morning in a case that has drawn the attention of national anti-abortion groups.

The 32-year-old woman's parental guardians asked the court Friday to halt the hearings, saying Walker lacks the authority to terminate the pregnancy of their daughter, who has the mental capacity of a 6-year-old.

They claim they have exclusive authority over her health care decisions, and they want their daughter to carry the baby to term in line with their Catholic religious beliefs.

But the high court sided with Walker, saying he has the authority to monitor the woman's welfare and hold the hearings.

Justices noted the guardians failed to file an annual report regarding their daughter's condition and their performance of duties as required by state law. They also said the court obtained information about concerns over the woman's medical condition.

"The purpose of the evidentiary hearings at this time is merely to obtain information in order to make well-reasoned and informed decisions regarding the ward's medical care," justices wrote. "Under these circumstances, we conclude that the district court has not exceeded its jurisdiction or arbitrarily or capriciously exercised its discretion."

Attorney Jason Guinasso, who represents the guardians, was tied up in Tuesday's hearing and unavailable for immediate comment, according to his secretary.

Guinasso has said he's aware of only one similar case in the country. It involved a Massachusetts judge who ordered a mentally ill 31-year-old woman to have an abortion and to be sterilized against her wishes. The state Appeals Court overturned the decision Jan. 17.

The Nevada couple said that while the pregnancy poses health risks to their daughter and the baby, medical experts back them in their decision to continue the pregnancy. The woman suffers from epilepsy and is on medication.