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Court calls on jailer to resign; cites poor conditions
Lawyer News |
2018/01/04 22:44
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A court in Kentucky has called for a county jailer to resign, citing several recent incidents at the jail that include what the court viewed as substandard living conditions, along with multiple escapes and overdoses.
Judge-Executive Steve Towler and county commissioners approved a resolution requesting that Boyd County Jailer Joe Burchett step down, the Independent reported Wednesday. Burchett was not present at the meeting. He is an elected official, so he can't be fired.
"The jailer shall have the custody, rule and charge of the jail in his county and must keep the jail comfortably warm, clean and free from nauseous odors," the resolution states. "There have been numerous incidents over the past several months evidencing the current Boyd County jailer's failure to adhere" to those requirements.
The incidents have created a threat to personal safety and security for county residents, Towler said.
Commissioner John Greer said he hoped that Burchett would "see the light and retire," but he noted that it is "totally his decision."
Four maximum-security prisoners escaped from the jail on Dec. 28. Two of the four inmates have been captured.
Last month, Boyd Commonwealth's Attorney Rhonda Copley announced the existence of an investigation into possible malfeasance by Burchett. Malfeasance is a misdemeanor charge. Under state law, if any elected county official is convicted of the charge, that person's office would be declared vacant. |
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Indiana Supreme Court considers eavesdropping case
Lawyer News |
2017/12/28 02:18
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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.
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UN court hears appeal in Serbian lawmaker's acquittal
Lawyer News |
2017/12/23 02:17
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A prosecutor urged U.N. judges Wednesday to overturn the acquittals of a prominent Serbian ultranationalist on atrocity charges, saying that a failure to do so would inflict lasting damage to the legacy of the groundbreaking war crimes tribunal.
Prosecutor Mathias Marcussen told a five-judge appeals panel that the 2016 acquittals of Vojislav Seselj on nine war crimes and crimes against humanity charges were so deeply flawed that they must be reversed or a new trial ordered.
"Justice has not been done," Marcussen said. He argued that the three-judge trial bench that found Seselj not guilty at the end of his marathon trial at the International Criminal Tribunal for the former Yugoslavia made critical errors of fact and law and failed to properly evaluate all the evidence.
At trial, prosecutors accused Seselj of crimes including persecution, murder and torture and demanded a 28-year sentence for his support of Serb paramilitaries during the region's bitter, bloody wars in the early 1990s. Prosecutors argue that Seselj's actions were part of a plan to drive Croats and Muslims out of large areas of Croatia and Bosnia that leaders in Belgrade considered Serb territory.
Marcussen said that allowing Seselj's acquittals to stand would be "not only an affront to the victims of the alleged crimes, it would also seriously undermine the credibility" of the tribunal and the institution called the Mechanism for International Criminal Tribunals which has been established to deal with appeals and other legal issues left pending when ad hoc tribunals like the Yugoslav court close their doors for good.
A tribunal that prosecuted cases arising from Rwanda's genocide has already closed and the Yugoslav tribunal formally shuts down at the end of December. Seselj's appeal is being handled by the new mechanism.
Seselj, now a Serbian lawmaker, did not attend Wednesday's hearing. Judges gave him 10 days to respond in writing after he receives a transcript of the hearing. |
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Indiana Supreme Court considers eavesdropping case
Lawyer News |
2017/12/23 02:08
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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.
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Comedian Artie Lange arrested for skipping court
Lawyer News |
2017/12/21 02:17
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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.
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Court reverses itself and restores woman's murder conviction
Lawyer News |
2017/12/19 02:16
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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.
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Supreme Court won't hear dispute involving NC TV network
Lawyer News |
2017/12/17 02:16
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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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