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New Jersey court proposes tossing out old open-warrant cases
Topics in Legal News |
2018/07/20 11:44
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The highest court in New Jersey is taking steps to do away with hundreds of thousands of open warrants for minor offenses such as parking tickets as part of an overhaul of the state's municipal court system.
State Supreme Court Chief Justice Stuart Rabner on Thursday assigned three Superior Court judges to hold hearings on the proposal to dismiss at least 787,764 open warrants for offenses more than 15 years old that were never prosecuted.
"Those old outstanding complaints and open warrants in minor matters raise questions of fairness, the appropriate use of limited public resources by law enforcement and the courts, the ability of the state to prosecute cases successfully in light of how long matters have been pending and the availability of witnesses, and administrative efficiency," Rabner wrote in his order.
NJ.com reported that the order covers open warrants issued before 2003 for failure to appear in low-level cases, including 355,619 parking ticket cases, 348,631 moving violations and some cases related to town ordinance violations.
The open warrant and the underlying unpaid ticket would be dismissed. The order indicates that more serious charges such as speeding and drunken driving would not be included.
Throwing out old low-level cases was among 49 recommendations following a Supreme Court committee's review of the municipal court system. The committee cited a growing "public perception" that municipal courts "operate with a goal to fill the town's coffers," which the panel called contrary to the purpose of the courts.
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City attorney criticizes law used to arrest Stormy Daniels
Top Court Watch |
2018/07/19 11:45
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An Ohio city attorney has recommended that the state law police cited to arrest porn actress Stormy Daniels should not be enforced.
In a memo to the city's police chief, Columbus City Attorney Zach Klein says Wednesday that future charges filed under that law will not be prosecuted. Klein has also dismissed charges brought against two other employees arrested with Daniels.
The law states dancers at "sexually oriented" businesses are prohibited from touching customers and vice versa.
Klein says the law is "glaringly inequitable" because its applicability depends on how regularly the employee performs. He also says employees who touch police are not in violation because on-duty public officials are not legally considered patrons.
Daniels' lawyer says he applauds Klein's decision. Messages seeking comment were left Wednesday for Columbus police. |
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Trump finds it 'inconceivable' lawyer would tape a client
Topics in Legal News |
2018/07/18 11:45
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Donald Trump said Saturday he finds it "inconceivable" that a lawyer would tape a client, as the president weighed in after the disclosure that in the weeks before the 2016 election, his then-personal attorney secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump.
The recording was part of a large collection of documents and electronic records seized by earlier this year by federal authorities from Michael Cohen, the longtime Trump fixer.
In a tweet, Trump called such taping "totally unheard of & perhaps illegal." He also asserted, without elaborating, in post: "The good news is that your favorite President did nothing wrong!"
Cohen had made a practice of recording conversations, unbeknownst to those he was speaking with. Most states, including New York, allow for recordings of conversations with only the consent of one party; other states require all parties to agree to a recording or have mixed laws on the matter. It was not immediately clear where Trump and Cohen were located at the time of the call.
Cohen's recording adds to questions about whether Trump tried to quash damaging stories before the election. Trump's campaign had said it knew nothing about any payment to ex-centerfold Karen McDougal.
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Georgia officer charged in fatal shooting to appear in court
Topics in Legal News |
2018/07/17 09:42
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A Georgia police officer charged with voluntary manslaughter in a fatal shooting is scheduled to appear in court.
A pretrial hearing is scheduled Tuesday morning for Zechariah Presley in Camden County Magistrate Court. Presley worked as a police officer in the small city of Kingsland when he was charged in the June 20 shooting of 33-year-old Tony Green.
The Georgia Bureau of Investigation has said Green was fleeing when Presley shot him following a brief altercation. The bureau said Presley had been following Green's vehicle when Green got out and ran on foot, but it has not said what prompted the pursuit.
Kingsland city officials fired 27-year-old Presley from his police job following his arrest a week after the shooting. The city is located near the Georgia-Florida state line. |
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Court says convicted serial rapist should be released
Legal Blog News |
2018/07/17 09:42
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A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.
Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.
"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."
Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.
Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community. |
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