Pa. high court fast tracks juvenile lifer appeals

Court News 2012/08/08 12:19   Bookmark and Share
Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.

The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.

The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.

The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.

The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced.

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Court hears ex-officers' appeals in Katrina case

Court News 2012/07/11 15:32   Bookmark and Share
Two former New Orleans police officers have asked a federal appealscourt to throw out their convictions on charges stemming from thefatal shooting of a man whose burned body turned up in HurricaneKatrina's aftermath.A three-judge panel from the 5th U.S. Circuit Court of Appeals also onWednesday heard the Justice Department's appeal of a judge's decisionto order a new trial for a third officer, Travis McCabe.McCabe was convicted of writing a false report on Henry Glover's 2005 shooting.The panel didn't indicate when it would rule.David Warren, who was convicted of shooting Glover withoutjustification, argues he shouldn't have been tried alongside otherofficers charged in the case, including Gregory McRae, who wasconvicted of burning Glover's body in a car.
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Report: Okla. court shooting suspect delusional

Court News 2012/07/03 02:05   Bookmark and Share
Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.

Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.

Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World  reported.

Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.

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Accused Auburn shooter in court on 3 murder counts

Court News 2012/06/14 09:59   Bookmark and Share
The man charged in three slayings near Auburn University has had three attorneys appointed for him after telling a judge he cannot afford to pay for his legal defense.

Desmonte Leonard had his first appearance before a judge in Opelika, Ala., on Thursday morning. He's facing three counts of capital murder and two assault charges in the shootings last weekend.

The dead included two former Auburn football players, and a current player was among the three injured.

The 22-year-old Leonard told a judge he can't afford to pay for a legal defense. So the judge appointed three Montgomery attorneys to represent Leonard at taxpayer expense.

Leonard says he understands the charges against him. Leonard was chained at his hands and feet during the brief appearance and is jailed without bond.
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Court denies dismissal of 8 WikiLeaks charges

Court News 2012/06/08 00:00   Bookmark and Share
A military judge is refusing to dismiss eight of the 22 counts against an Army private charged in a massive leak of government secrets.

Col. Denise Lind made the ruling Friday during a pretrial hearing for Pfc. Bradley Manning at Fort Meade, Md.

She rejected defense arguments that the government used unconstitutionally vague language in charging Manning with unauthorized possession and disclosure of classified information.

Lind is considering another defense motion seeking dismissal of two counts alleging Manning exceeded his authority to access a Defense Department computer system.

She said Manning's trial, currently set for September, will likely start in November or January due to procedural issues.

Manning is charged with aiding the enemy and other offenses on accusations he caused thousands of classified documents to be published on the WikiLeaks website.
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Wash. lawyers challenge secret court proceedings

Court News 2012/05/25 15:10   Bookmark and Share
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.

That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?

The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.

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