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Indiana high court rejects appeal in malnourished teen case
Headline Topics |
2017/05/05 16:27
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The Indiana Supreme Court has declined to hear the appeal of a central Indiana woman who pleaded guilty to neglecting her 15-year-old granddaughter, who was found covered in feces and weighing only 52 pounds.
The court ruled unanimously last week not to accept transfer of the 56-year-old woman's appeal of a state Court of Appeals decision that upheld her 24-year sentence for pleading guilty to neglect and battery charges.
The Herald Bulletin reports her attorney, Rick Walker, says she can still seek post-conviction relief.
Firefighters called to the woman's Anderson home in December 2014 found her granddaughter malnourished, covered in feces and suffering from a skull fracture.
Her husband and her adult daughter also were convicted of neglect and other charges in the case and are serving prison sentences.
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Joaquin 'El Chapo' Guzman returns to court in drug case
Industry News |
2017/05/05 16:26
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Mexican drug lord Joaquin "El Chapo" Guzman is returning to a Brooklyn courtroom Friday, a day after a judge rejected his request to be allowed in the general inmate population.
The 59-year-old defendant famous for twice escaping from prison in Mexico lost his bid Thursday to relax the terms of his confinement at a lower Manhattan lockup when U.S. District Judge Brian Cogan concluded that solitary confinement was appropriate.
Cogan said the U.S. government had good justifications for applying tough jail conditions on a man who escaped twice, including once through a mile-long tunnel stretching from the shower in his cell. But Cogan relaxed the restrictions known as Special Administrative Measures enough for Guzman to communicate with his wife through written questions and answers.
His lawyers said in a statement that it was "devastating" for Guzman and his wife that they will not be allowed jail visits.
Guzman was brought to the U.S. in January to face charges that he oversaw a multi-billion dollar international drug trafficking operation responsible for murders and kidnappings. He has pleaded not guilty.
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Top Kansas Court to Revisit Death Penalty in Wichita Murders
Network News |
2017/05/03 16:27
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The Kansas Supreme Court is considering for a second time whether to spare two brothers from being executed for four murders in what became known as "the Wichita massacre" after earlier rulings in the men's favor sparked a political backlash.
The justices were hearing arguments from attorneys Thursday in the cases of Jonathan and Reginald Carr. The brothers were convicted of dozens of crimes against five people in December 2000 that ended with the victims being shot in a snow-covered Wichita field, with one woman surviving to testify against the brothers.
The crimes were among the most notorious in the state since the 1959 slayings of a western Kansas family that inspired the book "In Cold Blood." The state has 10 men on death row, including the Carrs, but it has not executed anyone since hangings in 1965.
The Kansas court overturned the Carr brothers' death sentences in July 2014, citing flaws in their joint trial and sentencing hearing. The decisions stunned the victims' families and friends, as well as legislators. Critics launched unsuccessful efforts to oust six of the seven justices in the 2014 and 2016 elections.
The U.S. Supreme Court later overturned the Kansas court's rulings in a sometimes scathing January 2016 opinion. The nation's highest court returned the men's cases to the Kansas court for further reviews.
The Carr brothers' attorneys are raising some of the same legal questions again, arguing that the Kansas Constitution requires the death sentences to be overturned even if the U.S. Constitution doesn't. The Kansas court has the last word on "state law" issues. There is one new justice since the court last ruled in 2014.
The Kansas court previously concluded that the two men should have had separate sentencing hearings. Jonathan Carr argued that he was not as responsible as his brother for the crimes and that Reginald Carr had been a bad influence on him during their troubled childhoods.
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Trump 'absolutely' considered breaking up 9th Circuit Court
Headline Topics |
2017/05/03 16:27
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President Donald Trump, still chafing over rulings blocking his travel ban early this year, says he's considered breaking up the West Coast-based 9th Circuit Court of Appeals.
Asked during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have." He added that "there are many people that want to break up the 9th Circuit. It's outrageous."
The comments echoed his Twitter criticism of the court Wednesday morning.
Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from sanctuary cities "ridiculous" on Twitter. He said that he planned to take that case to the Supreme Court. But an administration appeal of the district court's decision would go first to the 9th Circuit. |
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Idaho Judicial Council accepting applications for high court
Industry News |
2017/05/02 03:59
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An opening on the Idaho Supreme Court won't be filled through an election but through an application process.
Supreme Court Justice Daniel Eismann announced earlier this year he will retire in August — 16 months before the end of his current six-year term.
Because Eismann is stepping down early, the Idaho Judicial Council will solicit applications and recommend up to four names to the governor for appointment instead of waiting until the 2018 election, The Spokesman-Review reported. Idaho's Supreme Court positions are nonpartisan.
It's a merit-based process that had been used primarily to replace outgoing justices until this past year when former Idaho Supreme Court Justice Jim Jones announced he would retire at the end of his term.
"I would never have been on the court if the only avenue was to go through the Judicial Council and be appointed by the governor," said Jones, 74, who was twice elected Idaho attorney general. "It just didn't even occur to me as a possibility, because if you've been involved in the political arena, you probably at one time or another have stepped on the toes of whoever ends up being governor."
Eismann joined the state's highest court in 2001 after successfully running against incumbent Justice Cathy Silak. That election was the first time in 68 years that a sitting supreme court justice had been ousted in an election.
He caused a stir when he decided to announce his election campaign at a Republican Party event in eastern Idaho. He has since become one of the most outspoken justices, known for his tough questioning and advocating for specialty courts throughout Idaho.
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Connecticut court takes up doctor-patient confidentiality
Headline Court News |
2017/05/01 23:59
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The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.
A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.
The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.
The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.
But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."
The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.
"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."
A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.
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Indiana high court to take up police unreasonable force case
Lawyer News |
2017/05/01 13:58
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The Indiana Supreme Court is to take up the case of a man who claims Evansville police were too forceful when they used a SWAT team and flash-bang grenades to serve a search warrant.
The Evansville Courier and Press reports the court is to consider 31-year-old Mario Deon Watkins' case, which rises from his felony drug conviction. He claims the Evansville Police Department used unreasonable force when a SWAT team and flash-bang grenades were used to serve a search warrant.
The Indiana Court of Appeals in January reversed Watkins' sentence, criticizing use of the grenades that went off in the same room as a 9-month-old baby. But Indiana Attorney General Curtis Hill is asking the state's Supreme Court to clarify whether the state constitution prohibits police from using a SWAT team or the grenades.
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