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High court takes up challenges to drunken-driving test
Court Watch News |
2015/12/13 08:26
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The Supreme Court will decide whether states can criminalize a driver's refusal to take an alcohol test even if police have not obtained a search warrant.
The justices on Friday agreed to hear three cases challenging laws in Minnesota and North Dakota that make it a crime for people arrested for drunken driving to refuse to take a test that can detect alcohol in blood, breath or urine.
At least a dozen states make it a crime to refuse to consent to warrantless alcohol testing. State supreme courts in Minnesota and North Dakota have ruled the laws don't violate constitutional rights.
The Supreme Court ruled in 2013 that police usually must try to obtain a search warrant before ordering blood tests for drunken-driving suspects. The high court said circumstances justifying an exception to the warrant requirement should be decided on a case-by-case basis.
In the case from Minnesota, police arrested William Bernard after his truck got stuck while trying to pull a boat out of a river in South Saint Paul. Police officers smelled alcohol on his breath and said his eyes were bloodshot. After Bernard refused to take a breath test, police took him into custody.
Bernard was charged with operating a motor vehicle under the influence of alcohol and a first-degree count of refusal to take a breath test, which carries a mandatory minimum sentence of three years in prison.
He argued that the refusal law violated his Fourth Amendment rights by criminalizing his refusal to submit to a search. A divided Minnesota Supreme Court upheld the law, finding that officers could have ordered a breath test without a warrant as a search incident to a valid arrest.
The North Dakota Supreme Court upheld similar challenges to its test refusal law, ruling that motorists are deemed to consent to alcohol testing. The court called the law a reasonable tool in discouraging drunk driving.
One of the two North Dakota cases the high court will hear involves Danny Birchfield, who was arrested after he drove his car into a ditch and failed a field sobriety test and a breath test. He declined to take to additional tests and was convicted under the state's refusal law, which counts as a misdemeanor for a first offense.
A second appeal from North Dakota comes from Steve Beylund, a driver who was stopped on suspicion of drunk driving and consented to a chemical alcohol test. Beylund later tried to suppress the evidence from that test, but lower courts declined.
In all three cases, the challengers argue that warrantless searches are justified only in "extraordinary circumstances." They say routine drunk driving investigations are among the most ordinary of law enforcement functions in which traditional privacy rights apply. |
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Supreme Court torn over Texas affirmative action program
Political View |
2015/12/11 08:27
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Torn as ever over race, the Supreme Court on Wednesday weighed whether it's time to end the use of race in college admissions nationwide or at least at the University of Texas.
With liberal and conservative justices starkly divided, the justice who almost certainly will dictate the outcome suggested that the court may need still more information to make a decision in a Texas case already on its second trip through the Supreme Court.
"We're just arguing the same case," Justice Anthony Kennedy said, recalling arguments first held in 2012 in the case of Abigail Fisher. "It's as if nothing has happened."
Kennedy said additional hearings may be needed to produce information that "we should know but we don't know" about how minority students are admitted and what classes they take to determine whether the use of race is necessary to increase diversity at the University of Texas.
Fisher has been out of college since 2012, but the justices' renewed interest in her case appeared to be a sign that the court's conservative majority is poised to cut back, or even end, affirmative action in higher education. |
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US court rejects Virginia death row inmate's appeal
Blog Updates |
2015/12/01 22:38
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A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.
Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.
After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.
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Court papers: Witness ID'd man in playground shooting
Lawyer News |
2015/12/01 22:38
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A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.
Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.
Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.
Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.
Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.
Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."
"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."
For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice. |
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High Court rules against Northern Ireland's abortion law
Network News |
2015/11/30 22:38
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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South African appeals court nears Pistorius ruling
Legal Business |
2015/11/29 22:39
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An official says a top South African appeals court is finalizing a decision on whether to send Oscar Pistorius back to prison by overturning a lower court's manslaughter conviction and finding the double-amputee Olympian guilty of murdering girlfriend Reeva Steenkamp.
Paul Myburgh, registrar of the Supreme Court of Appeal, told The Associated Press on Monday that no date for the ruling has been announced.
Eyewitness News, a South African media outlet, says a ruling is expected this week. It cites unnamed court officials.
Pistorius, 29, was released from jail on Oct. 19 after serving a year in prison and is under house arrest.
Prosecutors say Pistorius shot Steenkamp during an argument on Valentine's Day 2013. The defense says Pistorius killed Steenkamp by mistake, thinking an intruder was in his house.
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2 charged in pastor's wife killing say little in court
Headline Court News |
2015/11/29 22:39
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy. |
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