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Indiana Supreme Court considers eavesdropping case
Lawyer News | 2017/12/23 02:08
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.

Last month, the Supreme Court suspended Neary's law license for four years.

Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .

Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.

Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.

Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."

The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.


Comedian Artie Lange arrested for skipping court
Lawyer News | 2017/12/21 02:17
Comedian Artie Lange has been arrested for skipping a court appearance.

NJ.com reports Lange was arrested Tuesday night at his home in Hoboken. Authorities say Lange failed to appear in Superior Court in Essex County for charges stemming from a drug arrest earlier this year.

Police said they found Lange with a bag of heroin during a traffic stop in May. Lange faces charges of possession of a controlled dangerous substance and drug paraphernalia in the case.

Lange's arrest follows a strange incident over the weekend in which the comedian tweeted a picture of himself with a swollen nose. Hoboken police responded to Lange's home and he later apologized.

Lange wrote in a tweet that he missed court because of a "bad communication" with his lawyer.



Court reverses itself and restores woman's murder conviction
Lawyer News | 2017/12/19 02:16
Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.



Supreme Court won't hear dispute involving NC TV network
Lawyer News | 2017/12/17 02:16
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.

The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.

Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.



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