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Court overturns conviction in fatal school bathroom attack
Top Court Watch |
2018/03/02 10:47
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Delaware's Supreme Court on Thursday overturned the conviction of a 17-year-old girl in a school bathroom attack that left a 16-year-old classmate dead.
The girl was adjudicated delinquent for criminally negligent homicide by a Family Court judge last year and sentenced to six months in a juvenile facility for the April 2016 death of Amy Joyner-Francis.
An autopsy found that Joyner-Francis, who had a rare, undetected, heart condition, died of sudden cardiac death, aggravated by physical and emotional stress from the fight at Howard High School of Technology in Wilmington. Cellphone video of the attack, which gained national attention, shows Joyner-Francis struggling to fight back and escape as she is repeatedly hit and kicked in the head while her assailant holds on to her hair.
In a unanimous ruling, the Supreme Court agreed with defense attorney John Deckers that no reasonable fact-finder could have found that the girl acted with criminal negligence. Even if she did, the court said, it would be unjust to blame her for Joyner-Francis' death given how unforeseeable it was that the fight would lead to a young teen dying of cardiac arrest.
The Associated Press has not published the name of the girl because she is a juvenile. The Supreme Court in its ruling referred to the defendant using the pseudonym "Tracy," while referring to Joyner-Francis as "Alcee."
The justices said a person can't be held responsible for criminally negligent homicide unless her failure to perceive the risk of death was a "gross deviation from what a reasonable person would have understood." No reasonable fact-finder could conclude that the attack, which inflicted only minor injuries on Joyner-Francis, posed a risk of death so great that her assailant was grossly deviant for not recognizing it, the court concluded.
While the Family Court judge said the girl should have realized that her attack might have deadly consequences because of the close confines of the bathroom, with its tile floor and hard fixtures, the Supreme Court said Joyner Francis' death had nothing to do with those risks, and they were too far removed from the way that she died to blame her assailant for her death.
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Brazil court largely upholds law that some fear hurts Amazon
Top Court Watch |
2018/03/01 10:46
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Brazil's Supreme Court has batted down challenges to key parts of a law that environmentalists say has contributed to increasing deforestation in the Amazon rainforest.
The 2012 law included an amnesty for illegal deforestation that occurred before July 2008, including releasing perpetrators from the obligation to replant areas in compensation. It also weakened protections for some preservation areas by expanding the sorts of activity allowed in them. It was backed by farming interests.
Wednesday's court ruling rejected most of the challenges to the law.
Brazil's non-governmental Socio-environmental Institute says researchers believe the law contributed to rising rates of Amazon deforestation starting in 2012 after years of decreases. However, the rate fell in 2017 as compared to 2016, which saw an exceptionally large swath of forest cut.
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High court: Held immigrants can't get periodic bond hearings
Top Court Watch |
2018/02/28 10:46
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The Supreme Court ruled Tuesday that immigrants the government has detained and is considering deporting aren't entitled by law to periodic bond hearings.
The case is a class-action lawsuit brought by immigrants who've spent long periods in custody. The group includes some people facing deportation because they've committed a crime and others who arrived at the border seeking asylum.
The San Francisco-based U.S. Court of Appeals for the 9th Circuit had ruled for the immigrants, saying that under immigration law they had a right to periodic bond hearings. The court said the immigrants generally should get bond hearings after six months in detention, and then every six months if they continue to be held.
But the Supreme Court reversed that decision Tuesday and sided with the Trump administration, which had argued against the ruling, a position also taken by the Obama administration.
Justice Samuel Alito wrote for five justices that immigration law doesn't require periodic bond hearings. But the justices sent the case back to the appeals court to consider whether the case should continue as a class action and the immigrants' arguments that the provisions of immigration law they are challenging are unconstitutional.
But Justice Stephen Breyer, writing a dissenting opinion joined by two other liberal-leaning justices on the court, Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg, said he would have read the provisions of immigration law to require hearings for people detained for a prolonged period of time.
"The bail questions before us are technical but at heart they are simple," Breyer wrote. "We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have 'certain unalienable Rights,' and that among them is the right to 'Liberty,'" he wrote.
The American Civil Liberties Union, which brought the case on behalf of the immigrants, had previously said that about 34,000 immigrants are being detained on any given day in the United States, and 90 percent of immigrants' cases are resolved within six months. But some cases take much longer.
In the case before the justices, Mexican immigrant Alejandro Rodriguez was detained for more than three years without a bond hearing. He was fighting deportation after being convicted of misdemeanor drug possession and joyriding, and was ultimately released and allowed to stay in the United States.
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Court: US anti-discrimination law covers sexual orientation
Legal Blog News |
2018/02/27 10:46
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A New York federal appeals court says U.S. anti-discrimination law protects employees from being fired due to sexual orientation.
The 2nd U.S. Circuit Court of Appeals ruled Monday. The decision stemmed from a rare meeting of the full appeals court, which decided to go against its precedents.
Three judges dissented. The ruling pertained to a skydiver instructor who said he was fired after telling a client he was gay.
The case led to two government agencies offering opposing views. The Equal Employment Opportunity Commission said Title VII of the 1964 Civil Rights Act covers sexual orientation. The Department of Justice had argued that it did not.
Donald Zarda was fired in 2010 from a skydiving job in Central Islip (EYEl-slihp), New York. He has since died. |
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Organized labor case goes in front of Supreme Court
Law & Court News |
2018/02/25 10:45
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The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.
All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.
The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.
Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.
The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.
The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities. |
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