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NC high court sidesteps decision on tracking sex offenders
Blog Updates | 2019/02/01 11:04
The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.

The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.

The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.



US presses ahead with border wall in court despite shutdown
Blog Updates | 2019/01/19 16:01
A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.

The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.

According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.

The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”

Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”

U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.



India's top court paves way for bars with dancers to reopen
Blog Updates | 2019/01/15 16:01
India's Supreme Court on Thursday paved the way for the reopening of Mumbai's dance bars, which had been a nightlife staple in the country's entertainment capital until they were outlawed six years ago.

The court ruled that the bars featuring young women paid to wear sexy clothing and dance to Bollywood music no longer need to be more than a kilometer (half a mile) from religious sites, schools and colleges. It also scrapped plans to force the bars to have security cameras and a partition between bar rooms and dance floors.

There were some 700 dance bars in Mumbai and another 650 in other parts of Maharashtra state, employing 75,000 dancers, before the state government ordered them closed in 2012 on the grounds they corrupted young people.

The state government framed a new law in 2016 imposing stiff restrictions, but the hotel and restaurant owners found them to be unacceptable and petitioned the top court.

The court, however, accepted the state government's plea that the dance bars be allowed to stay open in Maharashtra state between 6:30 p.m. and 11:30 p.m. every day and not until 1:30 a.m. as demanded by the Bar Owners Association.

People at these bars can tip the dancers, but can't throw money at them as in the past, the court ruled.



Missouri death row inmate asks US Supreme Court to intervene
Blog Updates | 2019/01/01 00:19
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


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