Tuesday, April 2, 2013

Court Reconsiders Howard K. Stern Appeal, Reaches Same - FindLaw

Nothing is ever simple when it comes to Anna Nicole Smith.

Smith, (real name: Vicki Lynn Marshall) spent years tangled in legal battles over late husband J. Howard Marshall?s fortune. That case went all the way to the Supreme Court. Smith?s estate eventually lost.

There was also the paternity battle over her daughter: both boyfriend/attorney Howard K. Stern and ex-boyfriend Larry Birkhead claimed to be the girl?s father. DNA testing later proved that Birkhead was the father.

And then there was the criminal trial targeting Stern and Smith?s doctor, Khristine Eroshevich. In 2009, they were accused of conspiring to illegally provide Smith with sedatives and opiates before she died.

Eroshevich and Stern were convicted after a jury trial. After the verdicts were returned, the trial court granted Stern's motion for a new trial, finding that the evidence was insufficient as a matter of law. Judge Robert Perry then dismissed the charges against Stern and Eroshevich.

In October, California's Second Appellate District Court said that Judge Perry made a mistake because there was sufficient evidence that Stern's "knowledge and involvement was such the jury could reasonably conclude [he] knowingly participated in the ongoing practice of securing illegal prescriptions." At the time, the appellate court said that the trial court could reinstate the jury verdict or dismiss the charges on ground other than legal insufficiency, but Stern couldn't be retried due to double jeopardy.

The appellate court, however, began to second-guess itself while the U.S. Supreme Court was reconsidering aspects of its double jeopardy jurisprudence in Evans v. Michigan. The Evans decision, issued after the appellate court granted rehearing, didn't warrant a change, so the Second Appellate District, with minor alterations, reiterated its earlier conclusions. Barring further intervention from the California Supreme Court, the decision will stand.

Given the complicated nature of other issues surrounding Smith's life and death, this may not be the last word in Stern and Eroshevich's criminal prosecution.

Related Resources:

Source: http://blogs.findlaw.com/california_case_law/2013/04/court-reconsider-howard-k-stern-appeal-reaches-same-conclusion.html

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Giant egg for sale: Massive egg was laid by now-extinct giant bird

The giant egg available for sale was laid by a now-extinct giant bird that resembled an 11-foot tall ostrich. The egg is about 100 times the size of an average chicken's.

By Associated Press / March 28, 2013

Christie's specialist James Hyslop holds a chicken egg next to a pre-17th century, sub-fossilised Elephant Bird egg in London, March 27. The rare egg is expected to sell for $30,000-45,000 when is it auctioned next month. The extinct Elephant Bird, a native of Madagascar, resembled a giant ostrich around 11 feet in height.

Suzanne Plunkett / Reuters

Enlarge

The giant egg for sale is a foot long, nearly nine inches in diameter, and would once have made a really, really, big omelet.

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A London auction house is hoping buyers will be scrambling to take a crack at this natural wonder, a massive fossilized egg laid long ago on the island of Madagascar by a now-extinct?elephant?bird.

Christie's said Wednesday that the oversized ovum ? laid sometime before?elephant?birds?were wiped out several hundred years ago ? is expected to sell for up to 30,000 pounds (roughly $45,000).

Flightless, fruit-gobbling?elephant?birds?resembled giant ostriches and could grow to be 11 feet high (3.4 meters). Christie's says their eggs are 100 times the size of an average chicken's.

The egg is being sold during a travel and science sale on April 24.

Source: http://rss.csmonitor.com/~r/feeds/science/~3/1gyIeg243dI/Giant-egg-for-sale-Massive-egg-was-laid-by-now-extinct-giant-bird

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Some 400 Moroccan nationals repatriated from Syria at State's ...

Beirut -? April 1, 2013 (MAP)

Some 400 Moroccans who were living in Syria have been repatriated back home at the Moroccan state?s expense because of the deteriorating security in this Arab country, a Moroccan diplomatic source said.

The Moroccan state has to date paid for the repatriation of some 400 Moroccans who were living in Syria, including a last group of 43 Moroccans repatriated last March 23, said the source.

The priority was given to those who lost their house and the impoverished ones living in the so-called ?hot spots?.

Another 2,300 Moroccan nationals who were living in Syria returned to Morocco at their own expenses, says the same source which points out that consular services had estimated the number of Moroccans who were settled in Syria before the outbreak of the crisis at 3,000 individuals.

The Ministry in charge of Moroccans living abroad and the Ministry of foreign affairs and cooperation had made available to the embassy a budget to pay for the travel fees of Moroccans wishing to return to Morocco.

Since the crisis broke out in March 2011, the Moroccan embassy had taken a series of measures, including the opening of a cell to maintain contacts with Moroccans and a phone line to receive calls for help or assistance.

Source: http://www.moroccoworldnews.com/2013/04/84887/some-400-moroccan-nationals-repatriated-from-syria-at-states-expense-diplomat/

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Monday, April 1, 2013

Gold does brisk business in Syria war - Morocco World News

ALEPPO, Syria, April 01, 2013 (AFP)

Abu Salem used to sell lunchtime sandwiches to office workers in Syria?s commercial capital. Since a rebel offensive turned Aleppo into a warzone last July, he has been buying up their heirlooms.

In Syria?s northern metropolis, as across the Middle East, those who can afford to have traditionally invested in jewellery for their womenfolk, especially gold, to ward against a rainy day.

As daily clashes between troops and rebels fighting to oust President Bashar al-Assad have brought a devastating halt to all normal economic activity, the trade in precious metals has boomed as people struggle to make ends meet.

It was the loss of electricity to power his refrigerators that was the last straw for Abu Salem?s sandwich stall.

The 40-year-old turned to the most lucrative alternative business available, braving the daily threat of robbery by the myriad of armed groups active in the many Aleppo neighbourhoods beyond the control of Assad?s security forces.

?Many jewellers have fled the fighting. They had enough money to flee the country,? he told AFP.

?I buy and sell gold in order to feed my five children.

A few steps away, another gold dealer has set up his scales.

?Every day, people come and sell me 10 or 20 grams (310 or 620 troy ounces) of gold,? Abu Ahmed told AFP.

?Once, a customer came to sell me earrings and bracelets that weighed 200 grams. He was selling off his wife?s jewels.?

Umm Mohammed, 50, is among those looking to sell off their portable wealth.

?I have a gold necklace to sell. How much would you pay for it?? the mother of four asks.

For five grams of gold, Abu Salem offers 24,000 Syrian pounds ($240).

Umm Mohammed goes to his shop every day to weigh her family?s jewellery and check his prices.

?I?ve only got one necklace left now. It?s my son?s gold chain. It won?t be long before I sell it, because we need to buy food and clothes for the children,? she said.

Umm Mohammed?s husband used to work in a factory, but lost his job several months ago when the power supply was cut. Her family has only been able to get by thanks to the jewellery they owned.

Buyers are not hard to come by. Two years of devastating conflict have sent the Syrian pound into freefall and, for those with any money, gold is a popular refuge to maintain the value of their savings.

Before the uprising against Assad?s rule broke out in March 2011, a gram of gold sold for 3,200 Syrian pounds, and the Syrian pound traded at 65 to the dollar.

Today, one gram of gold sells for 4,900 pounds, and the pound trades at 113 to the dollar.

?Those who want to safeguard their wealth are converting their cash into gold,? Abu Ahmed said.

But there are big risks, fellow gold trader Abu Khaldoun underlines.

?Armed men come to steal from us. Some of them are members of the (mainstream rebel) Free Syrian Army,? the 49-year-old said.

?Nowhere is safe, and we are real targets for thieves. Some people are hiding their gold and money in holes in the ground.?

Abu Ibrahim, 45, has been in the jewellery trade nearly all his working life. He says he refuses to take sides in this conflict as his business frequently requires him to cross the frontlines.

He tells of a fellow trader who lost all his stock to an armed robbery.

?He had 12 kilos of gold in his shop. He lost 60 million Syrian pounds last week when armed men broke into his shop and stole the lot.?

Source: http://www.moroccoworldnews.com/2013/04/84912/gold-does-brisk-business-in-syria-war-but-at-a-risk/

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Put humans on Mars, new Buzz Aldrin book urges

NASA

Buzz Aldrin salutes the U.S. flag on the surface of the moon on July 29, 1969.

By Space.com

Pioneering astronaut Buzz Aldrin made history as the second man to walk on the moon in 1969, just after Neil Armstrong during the historic Apollo 11 lunar landing mission. More than four decades later, he wants NASA to set its sights on more ambitious destinations, far beyond the moon. Aldrin's target: Mars.

In his upcoming book, "Mission to Mars: My Vision for Space Exploration" (National Geographic Books), Buzz Aldrin argues that NASA should strive to put humans on the Red Planet by the mid-2030s and he lays out a plan for how to make it happen.

"Do not put NASA astronauts on the moon. They have other places to go," Aldrin said in the statement.

The book will apparently delve into Aldrin's past ? including his service as an Air Force pilot during the Korean War, his initial rejection by NASA and his voyage to the moon ? but also promises a critique of current space policy, examining the economic, political and technological viability of various options to explore the solar system.

In the 1980s, Aldrin adapted his expertise in orbital rendezvous to conceptualize the "Aldrin Mars Cycler," a spacecraft transportation system perpetually cycling between Earth and Mars that would make it possible to ferry astronauts back and forth to the Red Planet.

Aldrin has co-authored more than six books and the new one, which will hit stores on May 7, was co-written with space journalist Leonard David, who is a frequent contributor to Space.com.

Follow SPACE.com on Twitter @Spacedotcom. We're also on Facebook and Google+.

Copyright 2013 Space.com, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://feeds.nbcnews.com/c/35002/f/653377/s/2a37345b/l/0Lscience0Bnbcnews0N0C0Inews0C20A130C0A40C0A10C175543740Eput0Ehumans0Eon0Emars0Enew0Ebuzz0Ealdrin0Ebook0Eurges0Dlite/story01.htm

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Rubio: Immigration deal still needs hashing out

Republican Sen. Marco Rubio cautioned that the bipartisan group of senators working on immigration reform legislation still has details to work out. Democrat Chuck Schumer said the group was on track.

By Philip Elliott,?Associated Press / March 31, 2013

Sen. Marco Rubio, R-Fla. on Capitol Hill in Washington on March 12. On Sunday, Rubio said the eight senators working on immigration reform legislation still had many details to work out, and cautioned against premature celebration.

Susan Walsh/AP/File

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Even with one of the largest hurdles to an immigration overhaul overcome, optimistic lawmakers on Sunday cautioned they had not finished work on a bill that would provide a path to citizenship for 11 million illegal immigrants.

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The AFL-CIO and the pro-business U.S. Chamber of Commerce reached a deal late Friday that would allow tens of thousands of low-skill workers into the country to fill jobs in construction, restaurants and hotels. Yet despite the unusual agreement between the two powerful lobbying groups, lawmakers from both parties conceded that the negotiations were not finished.

"With the agreement between business and labor, every major policy issue has been resolved," said Sen. Chuck Schumer, the New York Democrat who brokered the labor-business deal.

But it hasn't taken the form of a bill and the eight senators searching for a compromise haven't met about the potential breakthrough.

"We haven't signed off," said Sen. Lindsey Graham, R-S.C.

"There are a few details yet. But conceptually, we have an agreement between business and labor, between ourselves that has to be drafted," he added.

Yet just before lawmakers began appearing on Sunday shows, Sen.?Marco?Rubio?warned he was not ready to lend his name ? and political clout ? to such a deal without hashing out the details.

"Reports that the bipartisan group of eight senators have agreed on a legislative proposal are premature," said?Rubio, a Florida Republican who is among the lawmakers working on legislation.

Rubio, a Cuban-American who is weighing a presidential bid in 2016, is a leading figure inside his party. Lawmakers will be closely watching any deal for his approval and his skepticism about the process did little to encourage optimism.

Rubio, who is the group's emissary to conservatives, called the agreement "a starting point" but said 92 senators from 43 states haven't yet been involved in the process.

The detente between the nation's leading labor federation and the powerful business lobbying group still needs senators' approval, including a nod from Sen. John McCain, the Arizona Republican whose previous efforts came up short.

"I think we're on track. But as Sen.?Rubio?correctly says, we have said we will not come to final agreement till we look at all of the legislative language and he's correctly pointing out that that language hasn't been fully drafted," Schumer said.

Sen. Jeff Flake, R-Ariz., also noted the significance of the truce between labor and business but added that this wasn't yet complete.

"That doesn't mean we've crossed every 'i' or dotted every 't,' or vice versa," said Flake, who is among the eight lawmakers working on the deal.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/NQLoboKklXQ/Rubio-Immigration-deal-still-needs-hashing-out

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NKorea calls nukes country's 'life' at big meeting

SEOUL, South Korea (AP) ? A top North Korean decision-making body issued a pointed warning Sunday, saying that nuclear weapons are "the nation's life" and will not be traded even for "billions of dollars."

The comments came in a statement released after North Korean leader Kim Jong Un presided over the plenary meeting of the central committee of the ruling Workers' Party. The meeting, which set a "new strategic line" calling for building both a stronger economy and nuclear arsenal, comes amid a series of near-daily threats from Pyongyang in recent weeks, including a vow to launch nuclear strikes on the United States and a warning Saturday that the Korean Peninsula was in a "state of war."

Pyongyang is angry over annual U.S.-South Korean military drills and a new round of U.N. sanctions that followed its Feb. 12 nuclear test, the country's third. Analysts see a full-scale North Korean attack as unlikely and say the threats are more likely efforts to provoke softer policies toward Pyongyang from a new government in Seoul, to win diplomatic talks with Washington that could get the North more aid, and to solidify the young North Korean leader's image and military credentials at home.

North Korea made reference to those outside views in the statement it released through the official Korean Central News Agency following the plenary meeting.

North Korea's nuclear weapons are a "treasure" not to be traded for "billions of dollars," the statement said. They "are neither a political bargaining chip nor a thing for economic dealings to be presented to the place of dialogue or be put on the table of negotiations aimed at forcing (Pyongyang) to disarm itself," it said.

North Korea's "nuclear armed forces represent the nation's life, which can never be abandoned as long as the imperialists and nuclear threats exist on earth," the statement said.

North Korea has called the U.S. nuclear arsenal a threat to its existence since the 1950-53 Korean War, which ended in a truce, not a peace treaty, leaving the peninsula still technically at war. Pyongyang justifies its own nuclear pursuit in large part on that perceived U.S. threat.

While analysts call North Korea's threats largely brinkmanship, there is some fear that a localized skirmish might escalate. Seoul has vowed to respond harshly should North Korea provoke its military. Naval skirmishes in disputed Yellow Sea waters off the Korean coast have led to bloody battles several times over the years. Attacks blamed on Pyongyang in 2010 killed 50 South Koreans.

The plenary statement also called for strengthening the moribund economy, which Kim has put an emphasis on in his public statements since taking power after the death of his father, Kim Jong Il, in late 2011. The United Nations says two-thirds of the country's 24 million people face regular food shortages.

The statement called for diversified foreign trade and investment, and a focus on agriculture, light industry and a "self-reliant nuclear power industry," including a light water reactor. There was also a call for "the development of space science and technology," including more satellite launches. North Korea put a satellite into orbit on a long-range rocket in December. The United Nations called the launch a cover for a banned test of ballistic missile technology and increased sanctions on the North.

The central committee is a top decision-making body of the North's ruling Workers' Party. The committee is tasked with organizing and guiding the party's major projects, and its plenary meeting is usually convened once a year, according to Seoul's Unification Ministry. South Korean media said the last plenary session was held in 2010 and that this was the first time Kim Jong Un had presided over the meeting.

The White House says the United States is taking North Korea's threats seriously, but has also noted Pyongyang's history of "bellicose rhetoric."

On Thursday, U.S. military officials revealed that two B-2 stealth bombers dropped dummy munitions on an uninhabited South Korean island as part of annual defense drills that Pyongyang sees as rehearsals for invasion. Hours later, Kim ordered his generals to put rockets on standby and threatened to strike American targets if provoked.

___

Associated Press writer Hyung-jin Kim contributed to this report. Follow Foster Klug at www.twitter.com/APKlug.

Source: http://news.yahoo.com/nkorea-calls-nukes-countrys-life-big-meeting-124425461.html

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