LexisNexis® Legal Newsroom
Jailhouse Audio OK'd For Massachusetts Teen’s Murder Trial

WOBURN, Mass. – (AP) A Massachusetts judge has ruled that prosecutors can use the recorded jailhouse conversations of a teenager charged with fatally stabbing another student at a high school. Middlesex Superior Court Judge Jane Haggerty said Wednesday that John Odgren is a smart teenager who knew...

Van der Sloot Files Lawsuit Against Initial Lawyer

LIMA, Peru - (AP) Joran van der Sloot has sued the lawyer who represented him during a police interrogation on the day that authorities say the Dutchman confessed to killing a Peruvian woman, his current attorney said Saturday. Maximo Altez told The Associated Press he filed suit Friday charging attorney...

Five Recent Cases You Should Know About (11/12/2010)

Larson's Spotlight on Noncompliance, Fraud, Attorney's Fees in PPO Case, Underinsured Motorist, and Job Retraining. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Eli Wald on Wood v. Allen, 130 S. Ct. 841 (2010)

In this Emerging Issues commentary, Professor Eli Wald discusses the legal issues decided by the court in the case of Wood v. Allen, 130 S. Ct. 841 (U.S. 2010) . The court scrutinized the defense attorney's decision to not introduce mitigating evidence about the defendant's mental deficiencies...

Wrongfully Convicted New York Man Wins $6.5 Million Settlement

WHITE PLAINS, N.Y. - (AP) A New York man who wrongfully served 16 years in prison has won a $6.5 million settlement. Jeffrey Deskovic was released from prison in 2006 after DNA linked the 1989 murder of a Peekskill High School classmate to another man. He was exonerated at age 33. Deskovic filed a lawsuit...

FREE DOWNLOAD: Can a Homicidal Heir Realize the Fruits of the Crime Under New York Estate Law? - Hon. James D. Pagones, August 2011 Warren’s Heaton Legislative and Case Digest

By: Hon. James D. Pagones , Surrogate, Dutchess County It depends. As Woody Allen comedically stated: "I think crime pays. The hours are good, you meet interesting people, you travel a lot." 1 As the New York Court of Appeals concisely stated: No one shall be permitted to profit by his...

Matter of M-W-, ID 3746, 25 I&N Dec. 748 (BIA 2012)

Pursuant to the categorical approach, a conviction for the aggravated felony of murder, as defined in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2006), includes a conviction for murder in violation of a statute requiring a showing that the perpetrator...

The Slayer Rule and Indirect Benefits from the Wrong

A slayer, a person who without legal excuse is responsible for the intentional killing of another, is denied any right to benefit from that wrong under our laws. While this rule is statutorily codified in many states, in New York it is a rule of common law rather than statutory law. Riggs v. Palmer...

Funny, I Didn’t See the Double Homicide in the Seller’s Disclosure!

Do sellers of real estate have a duty to warn potential buyers about murders or suicides that occurred at the property they are trying to sell? The answer in most states, somewhat surprisingly, is no. As MSNBC reported in a recent article, " 3 BR, hot tub, 3 murders: How homicide homes hold their...

Witnesses implicate Ivory Coast dozos in attack

DUEKOUE Ivory Coast (AP) - A group of traditional hunters known for policing western Ivory Coast is now being implicated in a gruesome attack on a camp for displaced people, where at least six residents were killed after an angry mob set tents ablaze. The hunters known as dozos have long partnered...

Death Penalty for Murder for Insurance: Insurance Fraud Is NOT A Victimless Crime

The plaintiffs’ bar, many members of the public, the courts, police and prosecutors believe that insurance fraud is a victimless crime since only an impersonal, rich and disliked corporation is harmed. The California Supreme Court, in a 51 page opinion, found otherwise in People v. Rodriguez ,...

Mississippi: Evidence That Worker Was Subject of Murder Investigation Insufficient to Establish His Injuries Were Self-Inflicted

Evidence that an electrical line worker was under investigation for murder, that law enforcement officials had obtained a DNA sample from him a few days earlier, that he was not “acting as jovial as usual on the day of the accident,” that several witnesses heard an electrical “pop”...

Florida: Food Store Manager’s Murder By Jealous Assailant Arose Out of and In Course of Employment

Fatal injuries sustained by a food store manager was struck and run over by a car driven by a man who claimed to have been reacting to the decedent’s alleged sexual harassment of the man’s girlfriend, who worked as a cashier at the food store, arose out of and in the course of the employment...

Insurance Fraud is Not a Victimless Crime: Life Insurance Motive for Murder

Life insurance is usually purchased to protect his or her spouse and children in the event of an untimely death. Sometimes life insurance is purchased for a malicious purpose. Insurers have paid benefits to a spouse after a murder only to find later that the beneficiary committed the murder to profit...

New York: Assistant Manager’s PTSD Claim Tied to Murder-for-Hire Scheme Found Compensable

A New York appellate court, affirming a decision of the state’s Workers’ Compensation Board, has held that the exacerbation of a supermarket assistant manager’s preexisting PTSD arose out of and in the course of his employment when, after he called a coworker at her home to discuss...

Virginia: UPS Driver Awarded Benefits for PTSD Caused by Encounter With Murdered Customer

A Virginia appellate court affirmed an award of benefits to a UPS driver who claimed he had suffered from work-related PTSD. Acknowledging that in Virginia, a claimant may recover workers' compensation benefits for a purely psychological injury, provided the injury is causally related to a sudden...

gun shooting

The Top 10 Bizarre Workers’ Compensation Cases for 2014

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

Realtor Murdered During Home Showing: Time For A Change?

Should The Real Estate Industry Change The Way Agents Do Showings and Open Houses? What other industry requires unaccompanied female (and male) agents to meet perfect strangers in empty houses? None. One would think this is a recipe for disaster. It is. Last year, authorities found the body...

Federal Prosecutors Charge NECC Employees with Second Degree Murder: A Shot Across the Bow to Healthcare Companies Navigating Uncertain Regulatory Environments

Federal prosecutors charged the head pharmacist and the president of New England Compounding Center (NECC), a now-bankrupt Massachusetts compounding pharmacy, with second-degree murder and racketeering in the U.S. District Court District of Massachusetts on Tuesday, December 16. The charges relate to...

Can Murder Ever Be Accidental? – Tenant is Not an Insured

By definition liability insurance never applies to an intentional act. When a person rents a room in her house to a convicted felon with a history of violence and then gives the tenant a gun to use as he desires, she cannot claim that when the felon kills her son-in-law, that the shooting was an accident...

United States: Surviving Spouse May Not Maintain Tort Action Against Employer Following Robbery and Murder

The surviving spouse of a woman who worked at a Virginia apartment complex and who sustained fatal injuries when she was attacked and stabbed by a robber cannot maintain a civil action against the employer; the tort action was barred by the exclusive remedy provisions of the Virginia Workers’ Compensation...