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Court rules man treated for mental illness can have a gun
Headline Topics |
2016/09/20 22:16
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Pakistan court adjourns case of British woman's murder
Headline Topics |
2016/09/18 15:22
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A Pakistani court on Saturday adjourned the case of a British-Pakistani woman's murder until Sept. 23 to give police more time to finalize charges against her father and ex-husband, who are accused of slaying her in the name of honor, police and lawyers said.
Police brought both men before the court in Jhelum as they covered their faces. They avoided most questions from journalists. However, when pressed, the woman's father, Mohammad Shahid, told reporters that the accusations are "all lies."
"The police arrested me, police charged me, you go to police station and check my report, check my statement," Shahid said.
The death of 28-year-old Samia Shahid has shocked the nation as the latest alleged case of so-called "honor killings" in Pakistan. The Bradford native's death while visiting Pakistan in July was originally declared to be from natural causes.
But Shahid's second husband, Mukhtar Kazim, publicly accused her family of killing her. The case was reopened and a police probe quickly concluded that Shahid's death was a "premeditated, cold-blooded murder," according to a police statement.
Police allege that Mohammed Shahid stood guard while his daughter's ex-husband, Mohammed Shakeel, raped her. The men then both strangled her, according to police.
Defense lawyer Mohammed Arif dismissed the police allegations as a baseless, saying his clients have been wrongly accused. He said he will appeal another court's recent rejection of bail for Mohammed Shahid.
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Court rules man treated for mental illness can have a gun
Blog Updates |
2016/09/16 15:22
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Appeals court orders judge to expunge woman's convictions
Topics |
2016/09/15 15:21
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A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.
The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.
The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.
The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."
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LA Supreme Court considers teen robber’s 99-year sentence
Court Watch News |
2016/09/14 15:21
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Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.
Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.
The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.
The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.
Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses. |
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Court rejects challenge to Michigan's emergency manager law
Blog Updates |
2016/09/13 15:21
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An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.
Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.
Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.
The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.
"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.
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Court to weigh appeal on Indiana's block on Syrian refugees
Headline Topics |
2016/09/12 15:21
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A federal appeals court in Chicago is set to hear arguments in Republican Indiana Gov. Mike Pence's appeal of a ruling that blocked his order to bar state agencies from helping Syrian refugees resettle in Indiana.
The appeals court is considering the case Wednesday, about two months before voters decide if Pence will be the nation's next vice president.
After the November Paris attacks, Pence said he didn't believe the federal government was adequately screening refugees from war-torn Syria. In February, a federal judge found Pence's order discriminatory against refugees.
Pence administration attorneys say the directive is "narrowly tailored" in the interest of public safety. But the American Civil Liberties Union of Indiana argues refugees are extensively vetted and the state's argument is "built on fear."
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