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LUSTER ASKS SUPREME COURT TO REVIEW APPEAL.


Byline: Andrea Cavanaugh Staff Writer

Max Factor heir and convicted rapist rap·ist  
n.
One who commits rape.

Noun 1. rapist - someone who forces another to have sexual intercourse
raper

aggressor, assailant, assaulter, attacker - someone who attacks
 Andrew Luster Andrew Stuart Luster (b. December 15, 1963) is the great-grandson of cosmetics giant Max Factor, Sr. and an heir to the Max Factor cosmetics fortune who was convicted of a series of rapes in 2003. For much of his life, he was supported by a $3.  has petitioned the U.S. Supreme Court to review a lower court's dismissal of his appeal, his attorney said Wednesday.

An appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 turned down Luster's appeal on his conviction for drugging and raping three women inside his Mussel mussel, edible freshwater or marine bivalve mollusk. Mussels are able to move slowly by means of the muscular foot. They feed and breathe by filtering water through extensible tubes called siphons; a large mussel filters 10 gal (38 liters) of water per day.  Shoals home north of Ventura because Luster was a fugitive when the appeal was filed.

However, Luster was captured in Mexico before the appeal deadline expired, Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries.  attorney Roger Jon Diamond said.

``We believe that the state appellate court had an obligation to hear the appeal,'' Diamond said. ``It violates his due process rights.''

The California Supreme Court has refused to consider a similar petition. Diamond hopes to hear within 90 days whether the U.S. Supreme Court will consider the case.

Luster, 39, is the great-grandson of cosmetics giant Max Factor. He is serving a 124-year prison sentence. Luster's family is financing the appeal, Diamond said.

Prosecutor Maeve Fox said she thought the petition was without merit.

``I think that Mr. Luster's petition has zero chance of success,'' Fox said. ``Legally, I think it's a huge waste.''

Andrea Cavanaugh, (805) 583-7604

andrea.cavanaugh(at)dailynews.com
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Publication:Daily News (Los Angeles, CA)
Date:Dec 11, 2003
Words:200
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