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Man accused of Jewish site shootings to appear in court
Legal Blog News | 2015/06/08 12:20
A Missouri man facing capital murder charges in Kansas is scheduled to be in court Wednesday for a hearing on motions in his case, one asking a judge to let him stay in the courtroom during recesses and another to suppress certain evidence.

Frazier Glenn Miller Jr., 74, of Aurora, Missouri, is accused of killing three people last year at two Jewish sites in the Kansas City suburb of Overland Park, Kansas.

The avowed white supremacist has told various media outlets, including The Associated Press, he is dying from emphysema and went to the sites with the intent to kill Jewish people.

All three of the victims of the April 13, 2014, rampage — William Lewis Corporon, 69, his 14-year-old grandson, Reat Griffin Underwood, and Terri LaMano, 53 — were Christians.

Also known as Frazier Glenn Cross, Miller got permission last month from Johnson County District Judge Kelly Ryan to fire his attorneys and represent himself. However, Ryan ruled that the attorneys would stay involved in the case on a stand-by basis and could be restored as Miller's counsel if he gets kicked out of the courtroom during his trial or decides he wants them back.






Suge Knight returns to court to try to dismiss murder case
Topics in Legal News | 2015/06/04 22:40
Marion "Suge" Knight's lawyer argues that a murder case against the former rap music mogul should be dismissed because one of the men he allegedly ran over earlier this year didn't identify him in court.

Attorney Matt Fletcher contends in a motion filed before a hearing Friday that murder, attempted murder and hit-and-run charges filed against the Death Row Records co-founder should be thrown out based on the testimony of a man seriously injured in January. Knight has pleaded not guilty to running over Cle "Bone" Sloan and another man who died from his injuries.

Sloan refused to identify Knight while testifying during a preliminary hearing last month, but gave detectives a lucid account after being struck by Knight's pickup and said he started a fight in the parking lot of a Compton burger stand in late January.

A response filed by prosecutor Cynthia Barnes points to Sloan's statements to detectives and other evidence to support their case, including Knight's unique nickname, "Suge."

Fletcher contends that is not enough.

"There is nowhere in this transcript that Mr. Sloan ever identifies Marion Knight, the defendant, as a murderer," Fletcher wrote. "There is nowhere in the entire transcript that Mr. Sloan even identifies Marion Knight as a driver of the red truck in question; the red truck that hit the victims."

The 50-year-old Knight is charged with running over the two men outside a Compton burger stand. Fletcher has said his client was fleeing an ambush. A trial in the case has been scheduled for July 7.

Knight is also scheduled for a hearing in a separate robbery case that a judge delayed. The former rap mogul told deputies he was too sick to come to court, but Superior Court Judge Ronald Coen said he would order Knight forcibly brought to court on Friday if necessary.


High court: Officials immune in suit over inmate suicide
Legal Blog News | 2015/06/04 22:39
The Supreme Court says former Delaware prison administrators are immune from a lawsuit over a 2004 inmate suicide.
 
The justices on Monday ruled against the family of Christopher Barkes, who hanged himself just hours after being arrested for violating probation.

A federal appeals court ruled last year that the family could pursue claims that the prison violated Barkes' constitutional rights by failing to conduct a proper suicide prevention screening.

But the justices in an unsigned opinion said there was no clearly established law at the time giving inmates a right to adequate suicide prevention protocols.


Health law court case winner could be political loser
Law & Court News | 2015/06/04 22:39
The party that wins the impending Supreme Court decision on President Barack Obama's health care law could be the political loser.
 
If the Republican-backed challenge to the law's subsidies for lower-earning Americans prevails, the GOP would have achieved a paramount goal of severely damaging "Obamacare." But Republican lawmakers would be pressured to help the millions of Americans who could suddenly find government-mandated medical coverage unaffordable — and they'd face blame from many voters if they failed to provide assistance.

"If you win the case you actually have people who lost their insurance. You now share the responsibility for fixing it," said former Rep. Tom Davis, R-Va., who once led the House GOP campaign committee. "And you've got a lot of pissed off people. That hurts you."

Should the Obama administration win, relieved Democrats would crow that Obama's foremost domestic achievement had stood unscathed. But some say they'd have lost a potentially powerful cudgel for the 2016 campaigns: Being able to accuse Republicans of ending the assistance and disrupting health coverage for many.

If Democrats lose in court, "It completely reverses the issue and puts us back on offense on health care," said Rep. Steve Israel, D-N.Y., one of his party's chief message crafters.


Appeals court: Apple must submit to imposition of monitor
Topics in Legal News | 2015/06/02 22:40
A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.

A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.

The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.

After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.



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