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Court takes up capital case fee issues


first_img March 1, 2002 Regular News Court takes up capital case fee issues Court takes up capital case fee issuescenter_img Judges can increase the compensation for private “registry” attorneys who handle collateral death penalty appeals, despite a state law setting maximum compensation, the Florida Supreme Court has ruled.In a 4-3 decision released February 14, the justices upheld a circuit judge’s declaratory judgement sought by Tallahassee attorney Mark Evan Olive. But the court rejected Olive’s contention that limitations in the state contract cause ethical conflicts for registry lawyers.The dissenters from the opinion said Olive lacked standing to seek a declaratory judgment.The majority opinion, written by Justice Fred Lewis, said Olive had standing because he had met with his client and remained on the registry list of available attorneys, even though he refused to sign the state-mandated contract. Another attorney was eventually appointed to represent that client.The opinion said Olive met the standards set out in Holley v. Adams, 238 So. 2d 401 (Fla. 1970).On the compensation schedule outlined in the state contract and set by law, Olive argued by signing the agreement he was waiving any further compensation to which he might be entitled. Lewis noted in several cases the court had overruled compensation schedules if they impinged on a party’s right to counsel.In White v. Board of County Commissioners of Pinellas County, 537 So. 2d 1376 (Fla. 1989), Lewis noted the court held that, “It must be remembered that an indigent defendant’s right to competent and effective representation, not the attorney’s right to reasonable compensation, give rise to the necessity of exceeding the statutory maximum fee cap. The relationship between an attorney’s compensation and the quality of his or her representation cannot be ignored.”Counsel for the state conceded that other decisions gave the courts authority to exceed statutory schedules, Lewis wrote, and the legislative staff analysis for the bill setting the schedule also acknowledged that fact.The analysis said, “[W]here unusual or extraordinary circumstances exist, the fees caps established by [F.S.] § 27.711(f). . . and increased by the provisions of this bill, do not prevent a court from ordering payment above the maximum authorized.”Consequently, Lewis concluded that trial courts are authorized to approve fees in excess of the schedule “where extraordinary or unusual circumstances exist in capital collateral cases.” He added that does not mean extra fees are justified in every case or will automatically be awarded when requested.The justices rejected Olive’s contention the statutorily-mandated contract caused ethical violations by preventing frivolous or repetitive motions, that prohibiting registry attorneys from filing civil actions in federal court was unconstitutional, and that contract provisions dealing with records could make client confidences part of the public record.Lewis said lawyers already have ethical obligations against frivolous or repetitive motions and noted that the court has upheld the statutory prohibition for the state’s Capital Collateral Regional Counsels from filing civil actions in federal courts. As for the records, he said the contract clearly specifies that only information already public under F.S. Chap. 119 is covered, not confidential work product or attorney-client matters.Justices Leander Shaw, Jr., Harry Lee Anstead, and Barbara Pariente concurred with Lewis. Justice Major Harding wrote a dissent, in which Chief Justice Charles Wells and Justice Peggy Quince concurred.Harding argued since Olive never signed the contract and didn’t provide any evidence that he performed any work beyond meeting with his potential client, he lacked the standing to seek a declaratory judgment. Had he signed the contract, done the representation, and then presented evidence the compensation was inadequate, standing would have been there, Harding said.The majority’s action, he said, constituted issuing an advisory opinion in a case where it had no authority to do so. “In sum, Olive had no contractual right then in doubt and no legal relationship that was affected by sections 27.710 and 27.711,” Harding wrote. “Although Olive argued below that he was entitled to bring a declaratory judgment action because the rights at issue would arise in the future, that is not so; that could not arise if he never signed a contract and never represented a capital defendant.”Sen. Locke Burt, R-Ormond Beach, who sponsored the bill that created the registry and who chairs the state commission that oversees that and other death appeal issues, said he was pleased the court upheld the fee statute, adding most of the cases so far have come in well below the caps.“I think that’s very positive. The registry attorneys have become a significant part of the collateral process,” Burt said. “I think that the discussion about fee caps simply reaffirmed the line of Florida cases going back to 1986, which said if there are unusual and extraordinary circumstances, then you can get more money. I think they specifically stated a death penalty case wasn’t in of itself particularly unique, extraordinary or unusual.”The ruling came in Olive v. Maas, case no. SC00-317.last_img read more


NN to boost Slovakian pensions business via Aegon acquisition


first_imgAccording to IPE’s Top 1000 Pension Funds, Aegon’s pension fund management company in Slovakia, Aegon dss, had €672m assets under management as at the end of December. Acquiring the business would see NN’s Slovakian second pillar company ranked third in the country on the basis of end-2017 data, leapfrogging VÚB Generali dss.The purchase of Aegon’s Czech life insurance business, meanwhile, would increase NN’s share of the that market from 9% to 12%, Maurick Schellekens, CEO of NN for the Czech Republic and Slovakia, said in a statement.NN Group described the transaction as a “bolt-on acquisition” and said it was “in line with NN Group’s strategy to achieve profitable growth and value creation”.It was not expected to have a material impact on the operating result and Solvency II ratio of NN Group.IPE’s Top 1000 Pension Funds report for 2008 will be published next week. Netherlands-based NN Group is to acquire the Slovakian life insurance and pensions businesses of fellow Dutch financial services group Aegon.It has also agreed to acquire Aegon’s life insurance business in the Czech Republic.NN will pay €155m in total for the acquisitions, which will be funded from its existing cash resources. The deal is expected to close by the end of the first quarter of 2019, subject to regulatory approvals.In Slovakia, NN said, it is the fourth largest provider of mandatory second-pillar pensions and the leading provider of voluntary personal pensions.last_img read more


Liverpool on Red Alert as Man Utd Threaten Kop’s Unbeaten Run


first_imgThe two most successful teams in English football-Liverpool and Manchester United will go head-to-head today in the headline fixture of Week 23 Premier League. The Red Devils travel to Anfield with a hat-trick of fallen giants in their sights, having ended the unbeaten runs of Arsenal’s Invincibles and Jose Mourinho’s Chelsea ended by the Red Devils in years gone by, the third-longest streak in Premier League history could be nextLiverpool boast a 38-game stint that dates back to a win at Brighton almost 12 months ago to the day. And now the threat of the Manchester United curse lingers over Anfield and Jurgen Klopp’s imperious title favourites. In fact, Liverpool October trip to Old Trafford saw the run come under its biggest threat as Adam Lallana had to rescue a 1-1 draw just five minutes from time. That game did end the Reds’ 17-game winning streak, just one match short of Manchester City’s Premier League record.But the top spot of the unbeaten leaderboard is now seemingly within grasp.Chelsea strung together 40 games without defeat across 2004 and 2005 as Mourinho led the Blues to consecutive titles.Top of the tree are Arsenal, with their Invincibles season of 2003/04 forming much of their 49 match spell to October of that year – when Chelsea’s run began.What do those two runs have in common? United ended them.The infamous Battle of the Buffet unfolded in the Red Devils’ favour as Ruud van Nistelrooy put his penalty demons against the Gunners aside with a 73rd-minute opener before Wayne Rooney sealed the win in stoppage time.Mike Riley’s decision to hand United the spot-kick was criticised by many and a fight broke out in the Old Trafford tunnel – Cesc Fabregas lobbing a pizza at Sir Alex Ferguson.It is fair to say the victory to end Chelsea’s streak in November 2005 was less controversial.The Blues were 40 games unbeaten when heading to Manchester, where Darren Fletcher’s looping header secured a 1-0 win.Liverpool will be clear favourites when welcoming their rivals to Merseyside on Sunday while currently 14 points clear at the top of the table.Yet the visitors have only suffered one defeat in five Premier League trips to Anfield – a run that extends to one in seven when including Old Trafford encounters.That one Liverpool win was certainly significant as Mourinho was sacked after the 3-1 loss to Klopp’s men in December 2018.But Ole Gunnar Solskjaer has manufactured a team that is relatively decent against the top sides, with a counter-attacking style suited to being under a bit more pressure.Arsenal downed United at the Emirates last month but Manchester City, Tottenham, Chelsea and Leicester have all lost to the Norwegian this season.Of course, defeat certainly does not mean Liverpool would collapse and surrender their huge title race lead.Chelsea bounced back from their streak ending to win 10 straight games and that year’s Premier League. Although Arsenal won only one of their next five matches en route to finishing 12 points off the pace.However, Liverpool’s victory at Tottenham last time out continued their unbeaten start to the Premier League season, their record of 20 wins from 21 fixtures the best ever start by any side in the history of Europe’s top five leagues.Klopp’s side head into this weekend’s clash having won 12 consecutive top-flight fixtures, whilst they are 38 unbeaten in the Premier League and have gone a mammoth 51 league games without defeat at Anfield, a run stretching all the way back to a 2-1 reverse to Crystal Palace almost three years ago.The form of the European and world champions is an ominous warning to this weekend’s opponents and those with faint hopes of preventing the Reds securing an elusive Premier League title, though United will take hope from having been the only side to take points from the leaders so far this season.Ole Gunnar Solskjaer’s side continue to produce inconsistent performances, mixing solid showings with inadequate displays. Three victories and two defeats from their previous five fixtures is in keeping with their season thus far, an inexperienced team often taking two steps forward and then one back.Last weekend’s morale boosting thrashing of Norwich was much needed following poor displays against Arsenal in the Premier League and Manchester City in the Carabao Cup, results which were in contrast to the club’s previously impressive record against top six opposition.Already this season Manchester United have enjoyed victories over Chelsea (twice), Manchester City, Tottenham and Leicester, whilst as mentioned earlier their draw with Liverpool is the only fixture in which the Merseyside club have dropped points.The Red Devils pace in forward areas is perhaps better suited to games in which they concede the majority of possession, and hitting on the counter-attack with the likes of Marcus Rashford, Anthony Martial and Daniel James will more than likely be their plan at Anfield.Meanwhile, Solskjaer believes he has discovered a ‘nice’ way of playing against Liverpool ahead of United’s clash with the Premier League leaders on Sunday. United are the only team to take points off Liverpool in the league this season after their 1-1 draw at Old Trafford in October. That result continued Jurgen Klopp’s struggle for victories over the Red Devils since he arrived as Liverpool boss in 2015.The German has taken on Manchester United 10 times as manager of the Reds and won just twice, with six draws and two defeats to the Old Trafford side.Klopp’s side have not been beaten at home in the league since April 2017, so Solskjaer has a tough task ahead of him at Anfield this weekend, but he is confident of getting a result.‘Of course it is hard, but I’ve had Liverpool here twice, we’ve drawn both,’ Solskjaer said after the FA Cup victory over Wolves on Wednesday night. ‘Of course you want to win them games but I think we’ve found a nice way of playing against them and we’ve deserved the points in both of them. ‘Let’s just wait and see, because it’s a couple of days before I see you again so let’s talk about Liverpool then.’Solskjaer has indeed confirmed an injury blow to Marcus Rashford, ahead of their quest to end Liverpool’s Invincibles bid with the chances of that happening have taken a significant hit as Rashford suffered an injury during United’s 1-0 victory over Wolves in an FA Cup third-round replay on Wednesday evening.Rashford came off the bench when the score was still goalless but lasted just 16 minutes before being forced off with a back injury, having suffered from similar knocks in recent weeks.While there is hope that the England international will be available for the clash with Liverpool this weekend, Solskjaer stated the decision to introduce him backfired.“Yeah that backfired, sometimes that happens. He took a knock and he couldn’t run. He has struggled with a few knocks in his back lately and there’s another one today,” he told BT Sport after the match.The 22-year-old has been in prolific form for United recently, scoring six goals in his last eight appearances in all competitions prior to the midweek FA Cup clash against Wolves.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegramlast_img read more


Braedon Bayer announces transfer to Siena


first_imgFormer Syracuse guard Braedon Bayer will transfer to Siena as a graduate student, he announced on Instagram Monday evening.After transferring from Grinnell College, Bayer walked onto the Syracuse team after spending the six weeks sleeping on former Syracuse forward Tyler Lydon’s couch in summer 2016.The 6-foot-4 native of Lagrangeville, New York, then worked his way into Syracuse’s rotation and was even awarded a scholarship. Despite playing just 17 minutes across nine games during the 2017-18 season, Bayer played a key role in SU’s Round of 32 upset win over Michigan State in the NCAA Tournament.He entered the game with 6:29 left in the second half and the Orange trailing by four, replacing recently fouled out Frank Howard. Bayer made a big block on recently-drafted, now-NBA forward Miles Bridges in the eventual 55-53 victory.The reason for Bayer’s transfer, which was announced shortly after the season ended, was that Bayer knew his scholarship would last for only the 2017-18 season, his father, Greg, told The Daily Orange.AdvertisementThis is placeholder textBayer will be immediately eligible to play for Siena. Comments Published on June 25, 2018 at 6:44 pm Contact Charlie: [email protected] | @charliedisturcocenter_img Facebook Twitter Google+last_img read more




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