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Judge in dog maul death reproached by court One of two San Francisco dog owners convicted in an attention-grabbing trial over the 2001 mauling death of Diane Whipple may be headed back to prison. In an exhaustive opinion last week, a California Court of Appeal panel concluded that the trial judge, James Warren, misread the law when he tossed out Marjorie Knoller’s jury verdict for second-degree murder nearly three years ago. A split panel is sending that part of the case back to the San Francisco Superior Court judge. Justice James Lambden wrote for the 2-1 majority, “The record indicates that the trial court would not have granted the motion had it applied the proper legal standard for implied malice.” Cozen O’Connor sets up shop in Toronto After several years of having an affiliation with another firm in that city, Cozen O’Connor has opened an office in Toronto with the addition of an eight-attorney law firm, Poss & Halfnight, which focuses on insurance and commercial litigation. The office should open sometime this month and will mark Cozen O’Connor’s second foray into a foreign market. The Philadelphia firm opened an office in London more than six years ago. Last year, the firm established an ancillary business in Toronto, Cozen O’Connor Subrogation Consultants, that consults on technical aspects of the practice while Canadian lawyers handle legal work. Shearman partner goes to Morgan Stanley The senior partner of New York’s Shearman & Sterling is leaving the firm to become vice chairman of embattled investment banking giant Morgan Stanley. David W. Heleniak, the head of Shearman since 2001, will have a broad role within Morgan Stanley’s senior management in areas of policy, governmental relations and regulatory and legal affairs. General Counsel Donald G. Kempf will report to Heleniak, 59, who will himself report directly to Chairman and Chief Executive Officer Philip J. Purcell. Heleniak will also serve on Morgan Stanley’s management committee. John Madden, co-managing partner at Shearman, will replace Heleniak as senior partner on an interim basis, with an election for a permanent replacement to follow. Boies bounced from representing firm’s CFO After representing himself for years in a contract case that pitted him against famed litigator David Boies and his law firm, West Palm Beach, Fla., gardener Scott Lewis has delivered what could be a knockout punch to his opponent. A Florida state judge, Jonathan Gerber of Palm Beach County Circuit Court, recently disqualified Boies, Schiller & Flexner from continuing to represent Lewis’ foes in the case-Amy Habie of Miami and Patrick Bilton, or the gardening company they operate, Nical of Palm Beach. Habie is the chief financial officer of Boies’ law firm. Gerber found that under Florida Bar rules, Boies and his firm were conflicted in representing Habie and her company and had to step aside. The firm has indicated it will appeal. Colorado court asked to ban juror questions The attorney for a woman convicted of assault criticized the practice of allowing jurors to submit questions to witnesses during criminal trials, telling the Colorado Supreme Court it harms defendants’ fair-trial rights. Public defender Tracy Renner said last week that giving jurors the ability to ask questions turns them into “mini investigators or mini prosecutors,” distracts them from testimony and helps prosecutors prove their case. The case stems from the 2001 conviction of Yvonne Medina, who was found guilty of attacking her ex-boyfriend. Her defense attorney argued that inconsistent statements from the ex-boyfriend and his new girlfriend meant that jurors could not believe either of them.

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