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Appeals court: Kansas abortion opponent must stand trial
Top Court Watch |
2015/07/29 12:39
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A Kansas abortion opponent must stand trial over a letter she sent to a Wichita doctor saying someone might place an explosive under the doctor's car, a federal appeals court ruled Tuesday.
The 10th U.S. Circuit Court of Appeals overturned late Tuesday a lower court's summary decision that anti-abortion activist Angel Dillard's letter was constitutionally protected speech. The ruling comes in a civil lawsuit brought against Dillard by the Justice Department under a federal law aimed at protecting access to abortion services. A split three-judge appeals panel said the decision about whether the letter constituted a "true threat" should be left for a jury to decide.
The appeals court also rejected Dillard's argument that the government violated her free speech rights by suing her.
Emails were sent late Tuesday night to Dillard's attorney and a Justice Department spokesman seeking comment.
The Justice Department's Civil Rights Division sued Dillard in 2011 under the Freedom of Access to Clinic Entrances Act after the Valley Center woman wrote a letter to Dr. Mila Means, who was training to offer abortion services at her Wichita clinic. At the time, no doctor was doing abortions in Wichita in the wake of Dr. George Tiller's 2009 murder by an abortion opponent as Tiller ushered at his church.
In a 2-1 ruling, the appeals panel said a jury could reasonably find that the letter conveyed a true threat of violence.
"The context in this case includes Wichita's past history of violence against abortion providers, the culmination of this violence in Dr. Tiller's murder less than two years before Defendant mailed her letter, Defendant's publicized friendship with Dr. Tiller's killer, and her reported admiration of his convictions," the appeals court wrote in its decision.
Dillard wrote in her 2011 letter that thousands of people from across the nation were scrutinizing Means' background and would know her "habits and routines."
"They know where you shop, who your friends are, what you drive, where you live," the letter said. "You will be checking under your car every day — because maybe today is the day someone places an explosive under it."
Means has testified that her fears upon getting that letter were heightened after reading a news story by The Associated Press that quoted Dillard saying in a July 2009 interview that she had developed a friendship with Scott Roeder while he was in jail awaiting trial for Tiller's murder.
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Court Halts Execution Of Tyler Woman's Killer
Top Court Watch |
2015/07/18 09:15
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The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved.
Williams, 31, had faced execution Thursday evening for the killing of Cecelia Schneider of Tyler, about 85 miles east of Dallas. Investigators determined she had been beaten and stabbed before her body and her bed were set on fire.
In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams' attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams' trial.
"We need time to look at this," said Seth Kretzer, one of Williams' lawyers. "No way we can investigate this in five hours.
"It requires some time, and the CCA saw that."
The Texas Department of Public Safety sent a notice June 30 that the FBI-developed population database used by the crime lab in Texas and other states had errors for calculating DNA match statistics in criminal investigations. The Texas Attorney General's Office informed Williams' attorneys of the discrepancy on Wednesday.
Prosecutors in Tyler, in Smith County, had opposed Williams' appeal for a reprieve, telling the appeals court the state police agency insisted that corrected figures would have no impact. Williams is black, and prosecutors said the probability of another black person with the same DNA profile found in Schneider's missing car was one in 40 sextillion. Jurors in 2006 were told the probability was one in 43 sextillion. A sextillion is defined as a 1 followed by 21 zeros.
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Wisconsin court ends probe of presidential hopeful Walker
Top Court Watch |
2015/07/16 08:56
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Presidential candidate Scott Walker won a major legal victory Thursday when Wisconsin's Supreme Court ended a secret investigation into whether the Republican's gubernatorial campaign illegally coordinated with conservative groups during the 2012 recall election.
No one has been charged in the so-called John Doe probe, Wisconsin's version of a grand jury investigation in which information is tightly controlled, but questions about the investigation have dogged Walker for months.
Barring an appeal to the U.S. Supreme Court, the ruling makes Walker's campaign that much smoother as he courts voters in early primary states.
"Today's ruling confirmed no laws were broken, a ruling that was previously stated by both a state and federal judge," said Walker's spokeswoman Ashlee Strong. "It is time to move past this unwarranted investigation that has cost taxpayers hundreds of thousands of dollars."
The case centers on political activity conducted by Wisconsin Club for Growth and other conservative organizations during the 2012 recall, which was spurred by Democrats' anger over a Walker-authored law that effectively ending collective bargaining for most public workers.
The justices cited free speech in effectively tossing out the case, ruling state election law is overbroad and vague in defining what amounts to "political purposes."
Justice Michael Gableman, part of the court's conservative majority, praised the groups for challenging the investigation.
"It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution," Gableman wrote in the majority opinion.
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Religious beliefs, gay rights clash in court case over cake
Top Court Watch |
2015/07/09 14:23
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A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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Pennsylvania court rejects law that aided NRA gun challenges
Top Court Watch |
2015/06/26 08:52
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A Pennsylvania state court on Thursday struck down a law designed to make it easier for gun owners and organizations like the National Rifle Association to challenge local firearms ordinances in court.
The Commonwealth Court said the procedure the Republican-controlled Legislature used to enact the law in the final days of last year's session violated the state constitution. The ruling came after dozens of municipalities had already repealed their gun laws.
Under the law, gun owners no longer had to show they were harmed by a local ordinance to challenge it, and it let "membership organizations" like the NRA sue on behalf of any Pennsylvania member. The law also allowed successful challengers to seek damages.
The NRA's lobbying arm had called the measure "the strongest firearms pre-emption statute in the country."
Five Democratic legislators and the cities of Philadelphia, Pittsburgh and Lancaster sued to block the law, saying it was passed improperly. The GOP defendants included House Speaker Mike Turzai and then-Gov. Tom Corbett, who lost his bid for re-election last year.
Thursday's ruling sends "a very strong message to the General Assembly that the old way of doing business just isn't acceptable anymore," said Mark McDonald, press secretary to Philadelphia Mayor Michael Nutter. "The law requires and the public expects transparency, deliberation and public debate."
Said Pittsburgh Mayor Bill Peduto: "I'm overjoyed that the court system is joining us in standing up for citizens and public safety instead of special rights for the gun lobby."
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