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Suspect in U Penn student's murder due in California court
Legal Blog News | 2018/02/02 15:43
A Southern California man charged in the killing of a University of Pennsylvania student is due in court Friday.

Authorities say Samuel Woodward, 20, of Newport Beach killed 19-year-old sophomore Blaze Bernstein and buried his body in a shallow grave at a neighborhood park not far from the Bernstein family's home in Lake Forest.

Bernstein, who grew up in Orange County and was visiting his family on winter break, was missing for a week after going out with Woodward the night of Jan. 2, according to authorities. Authorities searched for him with help from drone pilots and found his body at the park after rain partially exposed it.

Woodward is charged with murder and an enhancement for use of a knife. He is being held without bail. Bernstein was gay and Jewish and authorities are investigating the possibility of a hate crime.

Authorities say the two men both attended the Orange County School of the Arts but they did not know if they were friends at the time.

According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.

At college, Bernstein was studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil for Bernstein and his funeral.

If convicted of the charge and enhancement, Woodward could face as much as 26 years to life in prison.


Walker signs bill inspired by cabin-owners' court fight
Legal Blog News | 2017/11/27 13:32
Just five months after an adverse ruling from the U.S. Supreme Court had her in tears, Donna Murr was celebrating Monday after Gov. Scott Walker signed into law a bill that gives Wisconsin property owners more rights.

The Murr family fought for more than a dozen years, and all the way to the Supreme Court, for the ability to sell undeveloped land next to their cottage along scenic Lake St. Croix in western Wisconsin.

One of two property rights bills Walker signed Monday will give the family the right to sell or build on substandard lots if the lots were legal when they were created.

The Supreme Court ruled against the Murrs in June, but hours later state Rep. Adam Jarchow was on the phone with Donna Murr promising her he would take the fight to the Legislature.

"It's been a long road," Murr said after she and six other family members came to Walker's Capitol office for his signing of the bill Jarchow and Sen. Tom Tiffany, R-Hazelhurst, introduced. "It just felt like a culmination of everything we've worked for, coming to a head today after so many years of struggling and battling."

Donna Murr's parents bought two adjacent lots in the early 1960s and built a cottage on one but left the other vacant as an investment. In 2004, Donna Murr and her siblings wanted to sell the undeveloped lot to help pay for renovations to the cottage, but county officials barred the sale because conservation rules from the 1970s treat the two lots as a single property that can't be divided.

The regulations were intended to prevent overcrowding, soil erosion and water pollution. The county argued before the Supreme Court that not enforcing the rules would undermine its ability to minimize flood damage and maintain property values in the area.

But the family claimed those rules essentially stripped the land of its value and amounted to an uncompensated seizure of the property. They sought compensation for the vacant property they were forbidden to sell. The government argued, and the Supreme Court agreed in June, that it's fair to view the property as a whole and said the family is owed nothing.

Now with the law changed in Wisconsin, the Murr family can sell the vacant section. Donna Murr said she and her siblings will take some time to decide what to do next.


Ohio crime victims' rights issue could face court challenge
Legal Blog News | 2017/11/11 13:39
A civil rights group is weighing a legal challenge to the crime victim rights amendment passed by Ohio voters.

An ACLU of Ohio spokesman said Wednesday the organization is watching to see how Marsy's Law is implemented across Ohio.

Issue 1 amends the Ohio Constitution to give crime victims and their families the same rights as the accused, including notice of court proceedings, input on plea deals and the opportunity to tell their story.

The issue was approved in all 88 counties Tuesday and received nearly 83 percent support statewide. A second ballot issue aimed at curbing skyrocketing drug costs lost in a landslide with nearly 80 percent opposition.

The ACLU argues the victim rights amendment will erode due process rights. Montana's high court declared Marsy's Law unconstitutional last week.



Inmate asks Arkansas high court to halt upcoming execution
Legal Blog News | 2017/11/06 13:38
An Arkansas inmate scheduled to receive a lethal injection this week asked the state's highest court Monday to halt his execution amid his attorneys' claims that he doesn't understand why he is to be put to death.

Attorneys for Jack Greene asked the state Supreme Court to issue an emergency stay of execution. Greene is scheduled to be executed Thursday night for the 1991 death of Sidney Burnett, who was beaten with a can of hominy, stabbed and later shot.

Greene's attorneys asked for the stay while they appeal a lower court's dismissal of their lawsuit challenging an Arkansas law giving the state's top prison official the authority to determine whether Greene is competent to be executed. Greene's attorneys say he suffers from psychotic delusions, and say the inmate believes the attorneys and prison officials have conspired to torture him.

The judge who dismissed the suit said the law had already been upheld as constitutional and that she didn't have the authority to stay the execution.

The filing cited the court's decision to halt the execution of another inmate, Bruce Ward, in April over similar claims about his mental competency.

"The court should not allow the state to avoid the substantial questions presented here by executing Greene before the court can address them — as it has already committed itself to do in another case," Greene's attorneys said in Monday's filing.




US court bars Trump from reversing transgender troops policy
Legal Blog News | 2017/11/02 13:37
A federal judge on Monday barred President Donald Trump's administration from proceeding with plans to exclude transgender people from military service.

U.S. District Judge Colleen Kollar-Kotelly ruled that the transgender service members who had sued over Trump's policy were likely to win their lawsuit. She directed a return to the situation that existed before Trump announced his new policy this summer, saying the administration had provided no solid evidence for why a ban should be implemented.

Trump had ordered a reinstatement of the longstanding policy that barred transgender individuals from joining the military; service members who were revealed to be transgender were subject to discharge. Under President Barack Obama, that policy was changed last year to allow transgender people to serve openly.

The Trump administration may appeal Kollar-Kotelly's decision, but for now, the proposed ban remains unenforceable under Kollar-Kotelly's preliminary injunction.

"We disagree with the court's ruling and are currently evaluating the next steps," said Justice Department spokesman Lauren Ehrsam.

She reiterated the department's view that the lawsuit was premature because the Pentagon was still in the process of reviewing how the transgender policy might evolve.

One of the attorneys handling the lawsuit, Shannon Minter of the National Center for Lesbian Rights, said the ruling was an enormous relief to his clients.



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