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States urge Supreme Court to hear Kennedy cousin case
Legal Blog News |
2018/09/15 12:49
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Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.
The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.
The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.
Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.
The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny.
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Juvenile waived to adult court in Indy doctor's slaying
Legal Blog News |
2018/09/12 12:48
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A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.
Online court records say 16-year-old Tarius Blade faces three felony burglary charges in the Nov. 20, 2017, slaying of Dr. Kevin Rodgers.
Blade was arrested in December along with Ka'Ron Bickham-Hurst, then 18. Court records show Bickham-Hurst has agreed to plead guilty to three burglary charges.
Two other men were arrested last month. Eighteen-year-old Nehemiah Merriweather was charged with felony murder and two counts of burglary and 17-year-old Devon Seats was charged with murder, felony murder and two counts of burglary.
The 61-year-old Rodgers was the program director emeritus of the emergency medicine residency at the Indiana University School of Medicine.
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The Latest: Authorities: Officer arrested for manslaughter
Legal Blog News |
2018/09/10 13:25
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The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.
The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.
Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.
The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.
S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.
But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."
Online records show that Guyger hadn't been charged as of Sunday morning.
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Audit: West Virginia Supreme Court skirted pay law
Legal Blog News |
2018/09/09 13:24
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A new legislative audit report says West Virginia's Supreme Court skirted state law concerning pay for senior status judges.
News outlets report the audit released last week found 10 senior-status judges were authorized overpayments. State law prohibits them from making more than active circuit judges. The audit said that to circumvent the law, Supreme Court officials began converting senior status judges from employees to independent contractors.
The audit by the Legislative Auditor's Office Post Audit Division also pegged renovations for Supreme Court offices between 2012 and 2016 at $3.4 million, including $1.9 million for the five justices' chambers. Auditors say invoices for renovations to the court's law library and administrative offices were not made available.
Four justices who were impeached by the House of Delegates are due to go before the state Senate on Tuesday. |
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India’s Supreme Court strikes down law that punished gay sex
Legal Blog News |
2018/09/06 13:24
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India’s Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would “pave the way for a better future.”
The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was a weapon used to discriminate against India’s gay community, the judges ruled in a unanimous decision.
“Constitutional morality cannot be martyred at the altar of social morality,” Chief Justice Dipak Misra said, reading the verdict. “Social morality cannot be used to violate the fundamental rights of even a single individual.”
As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags.
“We feel as equal citizens now,” said activist Shashi Bhushan. “What happens in our bedroom is left to us.”
In its ruling, the court said sexual orientation was a “biological phenomenon” and that discrimination on that basis violated fundamental rights.
“We cannot change history but can pave a way for a better future,” said Justice D.Y. Chandrachud.
The law known as Section 377 held that intercourse between members of the same sex was against the order of nature. The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of harassment and persecution.
Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance.
“The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world,” she said in a statement, saying “today’s historic outcome will reverberate across India and the world.”
The court’s ruling struck down the law’s sections on consensual gay sex, but let stand segments that deal with such issues as bestiality. |
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