Court seems to favor death row inmate in dispute with lawyer

Court News 2018/01/23 11:31   Bookmark and Share
The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.

The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.

Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial.

Supreme Court won't take case of ex-NY assembly speaker

The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.

The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.

Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.

The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.


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Supreme Court sides with police over partygoers in wild bash

Court News 2018/01/18 11:32   Bookmark and Share
The Supreme Court sided Monday with police over partygoers in a dispute about arrests at a 2008 bash at a vacant home that had been turned into a makeshift strip club.

The high court ruled that police had sufficient reason to make arrests at the raucous party, which took place in a District of Columbia duplex furnished only with a few metal chairs and a mattress. Supreme Court Justice Clarence Thomas wrote in an opinion that police reasonably concluded that the revelers "were knowingly taking advantage of a vacant house as a venue for their late night party."

"Most homeowners do not live in near-barren houses. And most homeowners do not invite people over to use their living room as a strip club, to have sex in their bedroom, to smoke marijuana inside, and to leave their floors filthy. The officers could thus infer that the partygoers knew their party was not authorized," he wrote.

Police officers arrived after receiving a complaint about loud music and illegal activities at a home that had been vacant for months. Arriving officers found loud music playing. Inside the home, they smelled marijuana and saw beer bottles and cups of liquor on the floor. Scantily clad women were performing lap dances while wearing cash-stuffed garter belts. Upstairs, officers found a naked woman, several men, open condom wrappers and a bare mattress.

The partiers provided police with inconsistent stories about the bash. Many said it was a bachelor party, but no one could identify the bachelor. Partygoers claimed they'd been invited to the home but could not say by whom. Two people said that a woman named "Peaches" was the party's host, but she wasn't there when police arrived. Reached by phone, Peaches eventually told police she had invited people to the house but didn't have the homeowner's approval to use the place.
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Florida and Georgia taking water fight to Supreme Court

Court News 2018/01/06 11:29   Bookmark and Share
Reminders of the oyster's pre-eminence in this slice of northwestern Florida are everywhere, from the shells that line the edges of downtown buildings to the paintings of oysters that dot the walls of Apalachicola's art and history museum.

It's the oysters themselves that are harder to find these days, and Florida is hoping the Supreme Court can help fix that. The high court hears arguments Monday in the long-running dispute between Florida and neighboring Georgia over the flow of water in the Apalachicola River, which runs from the state line to Apalachicola Bay and the nearby Gulf of Mexico.

Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on fresh water entering the area. Florida portrays the case as its last chance to "stem Georgia's inequitable consumption" of water from the Chattahoochee and Flint rivers in Georgia, leaving too little by the time the rivers come together and pass into Florida.

"It is effectively strangling the Apalachicola Region and killing or threatening its animal and plant life," Florida said in its Supreme Court brief. Although the justices usually hear appeals, lawsuits between states start in the Supreme Court.

Georgia said Florida has failed to show that it would benefit from any cuts imposed on Georgia, pointing to the conclusion of a court-appointed special master who recommended that the justices side with Georgia. Georgia also said Florida is asking for unreasonable reductions that would "threaten the water supply of 5 million people in metropolitan Atlanta and risk crippling a multibillion-dollar agricultural sector in southwest Georgia."

Complicating the issue is the absence from the lawsuit of the U.S. Army Corps of Engineers, which manages dams on the Chattahoochee River.
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Top Connecticut court cases in 2018 involve Newtown, Skakel

Court News 2017/12/19 11:26   Bookmark and Share
The Connecticut Supreme Court is expected to issue decisions and hear arguments in a variety of notable cases in 2018, including a newspaper’s quest for documents that belonged to the Newtown school shooter and Kennedy cousin Michael Skakel’s appeal of his murder conviction.

The Hartford Courant and the state Freedom of Information Commission are appealing a decision by a lower court judge, who ruled in April that state police don’t have to release documents that belonged to shooter Adam Lanza. The commission had ordered state police to release the documents.

The 20-year-old Lanza shot his mother to death at their Newtown home before killing 20 first-graders and six educators at Sandy Hook Elementary School on Dec. 14, 2012. He killed himself as police arrived at the school.

The materials requested by the Courant include a spreadsheet ranking mass murders and a notebook titled “The Big Book of Granny,” which contains a story Lanza wrote in fifth grade about a woman who has a gun in her cane and shoots people and another character who likes hurting people, especially children.

Lawyers in the case did not return messages seeking comment. Andrew Julien, publisher and editor-in-chief of the Courant, declined to comment.

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Ex-police officer pleads guilty in daughter's hot car death

Court News 2017/12/13 10:16   Bookmark and Share
A former Mississippi police officer charged in the death of her daughter in a hot patrol car has pleaded not guilty.

The Sun Herald reports 28-year-old Cassie Barker was arraigned Monday on a charge of second-degree murder in the 3-year-old girl's death.

The former Long Beach officer is accused of leaving Cheyenne Hyer unattended in a patrol car for more than four hours while she was in another officer's home. The car's air conditioner was on but wasn't blowing cold air. Hyer was found unresponsive in the car and died Sept. 30, 2016.

Barker was fired days later and initially charged with manslaughter.
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Travel ban is headed back to a federal appeals court in Virginia

Court News 2017/12/07 10:18   Bookmark and Share
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.
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