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Court reinstates rape charges despite delay in indictment
Attorney Blog News | 2016/07/28 09:40
The Ohio Supreme Court on Wednesday reinstated rape and kidnapping charges against a Cleveland man who argued that a 20-year delay in indicting him was unconstitutional.
 
In a unanimous decision, the court also ordered an appeals court to reconsider the arguments of defendant Demetrius Jones using a different legal standard.

In a twist, the ruling in the closely watched case was praised by attorneys on both sides. Jones' lawyer said ordering the 8th Ohio District Court of Appeals to apply the different standard gives his client a new and stronger chance to fight the charges.

The state also applauded the decision after arguing that the dismissal of the charges by the appeals court last year created a legal precedent jeopardizing thousands of unsolved rapes being reinvestigated thanks to improved DNA testing.

"This ruling affirms law enforcement's ability to use new DNA technologies to bring criminals to justice," said Dan Tierney, a spokesman for Ohio Attorney General Mike DeWine.

At issue was the 2013 indictment of Jones on a rape charge based on evidence found when an old rape kit was tested. Jones was accused of raping a woman he knew at his mother's apartment in 1993, according to Ohio Supreme Court documents.

The woman identified Jones to police and at the hospital where a rape kit was obtained, Russell Bensing, Jones' attorney, said in a court filing last fall.

Cleveland police set the investigation aside after two unsuccessful attempts to interview the accuser the following week and never tried to locate Jones or his mother, Bensing said.

Jones was indicted in 2013, one day before the deadline for prosecuting a case that old. His attorneys successfully asked a judge to throw out the case because the state took too long, and last year the appeals court upheld the decision.




Arkansas court denies request for new execution law hearing
Attorney Blog News | 2016/07/23 09:41
Arkansas' highest court has denied a request to reconsider its June ruling upholding the state's execution secrecy law, but justices issued a stay that prevents the state from setting new execution dates as some inmates appeal to the U.S. Supreme Court.

The Arkansas Supreme Court issued an order Thursday denying a rehearing request by attorneys representing nine inmates who challenged the law that requires the Department of Correction to conceal the maker, seller and other information about the drugs. The inmates have argued the law could lead to cruel or unusual punishment and reneges on an earlier pledge by the state to share information.

The order also grants a request to delay putting the ruling into effect so the inmates can appeal the drug protocol to the U.S. Supreme Court.



High court won't step into Mich. dispute over harness racing
Attorney Blog News | 2016/04/25 10:58
The Supreme Court won't step into a dispute between Michigan gaming officials and a group of harness racing drivers over allegations of race-fixing.

The drivers had refused to speak to state investigators without a grant of immunity from prosecution. The 6th U.S. Circuit Court of Appeals ruled last year that they had a constitutional right to remain silent.

Michigan officials argued that gaming officials did not have to grant immunity before taking action against the drivers. The drivers were never charged with any crimes.

The justices on Monday left in place the appeals court ruling. Harness racing is a form of horse racing.



High court will hear Microsoft appeal over Xbox lawsuit
Attorney Blog News | 2016/01/19 00:09
The Supreme Court will decide whether Microsoft Corp. must face a class action lawsuit by disgruntled owners of the Xbox 360 video-game system who say the console has a design defect that scratches game disks.
 
The justices agreed Friday to hear an appeal from Microsoft arguing that individual claims by the plaintiffs had previously been thrown out.


Microsoft has sold more than 80 million Xbox 360 consoles and says only 0.4 percent of owners report disk scratching. The company says any damage is the result of consumer misuse and not a product defect.

A federal judge dismissed the lawsuit in 2012, ruling there were not enough complaints to justify a class action. But a federal appeals court reversed, saying it could go forward.


ACLU to appeal court ruling in Missouri drug testing case
Attorney Blog News | 2015/12/20 17:06
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.



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