High court uphold WV congressional districts

Court News 2012/09/27 11:07   Bookmark and Share
The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.

The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.

The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.

"It is clear that West Virginia has carried its burden," the high court said.

The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.

The lower court still can consider challenges to the plan under the state Constitution.

Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.

The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another.
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California deputy pleads guilty to weapons charge

Court News 2012/08/31 10:37   Bookmark and Share
A former Sacramento County sheriff's deputy has pleaded guilty to a federal charge stemming from the illegal sale of dozens of weapons, some of which were used by criminals.

Prosecutors in Sacramento say Thomas Lu and fellow former deputy Ryan McGowan, both of Elk Grove, bought and sold handguns that cannot be legally owned by citizens in California.

Lu, age 42, pleaded guilty Tuesday in federal court to one count of dealing in firearms without a license, which carries a maximum sentence of five years in prison.

He is agreeing to cooperate with investigators as part of a deal that could bring him a lighter sentence.

The deputies are charged with serving as straw buyers who trafficked in restricted handguns.

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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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