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Court: Slipknot bassist's child born after he died can sue
Legal News | 2016/05/10 13:05
Idaho's state Supreme Court candidates went after each other's political independence Friday evening during their only scheduled major debate.

"When you stand on the courthouse steps with the Legislature, I'm not sure if you're sending the right messages to the people of Idaho that there's a clear division of judiciary and legislative branch," said candidate Robyn Brody, an attorney from Rupert.

Brody was calling out fellow candidates Clive Strong, a longtime deputy attorney general, and Curt McKenzie, a seven-term Republican state senator who have both held press conferences at courthouses announcing endorsements from partisan lawmakers.

Idaho Court of Appeals Judge Sergio Gutierrez also echoed Brody's concerns of seeking high-profile endorsements, adding that he's not running to be a politician but a justice.

However, Strong countered that his 33-year career inside the attorney general's office has often required him to stand up to the Idaho Legislature and McKenzie argued that he strayed from his fellow GOP members during the Legislature by voting no on the so-called ag-gag bill, which was later ruled illegal in federal court.

The first round of campaign contribution reports aren't due until May 10, making endorsements that much more open to scrutiny for signs of possible bias.

Furthermore, Supreme Court candidates are banned from talking about their past of current political party affiliations even though political party registrations are public records as well as giving their opinions on how they would vote on previous or pending state supreme court decisions.



Judge begins to deliver verdict in Ukrainian pilot trial
Legal News | 2016/03/22 00:38
A Russian court has begun reading a verdict for Ukrainian pilot Nadezhda Savchenko, who is charged with complicity to murder two Russian journalists in war-torn eastern Ukraine.
 
The judge began reading the verdict Monday morning. He quoted arguments by prosecutors who said Savchenko, who served in a volunteer Ukrainian battalion at the time, called in the coordinates for shelling that killed the two journalists and several civilians in July 2014. He also quoted them as saying she was driven by "political hatred" toward residents of Ukraine's Luhansk region.
   
The judge in the trial quoted the prosecution saying that Savchenko was part of a "criminal group" and aimed to kill an "unlimited number of people."

Prosecutors have asked for a 23-year prison sentence for Savchenko. Sentencing is expected on Tuesday.

This story has been corrected to show that Savchenko has not been found guilty. The judge, quoting prosecutors, said Savchenko was complicit in the killing, but stopped short of pronouncing her guilty. A verdict will come at the end of the verdict-reading process, which is expected to take two days.



ACLU to appeal court ruling in Missouri drug testing case
Legal News | 2016/01/10 16:25
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.



Mom of slain Alabama infant disputes allegations
Legal News | 2015/11/11 22:22
A woman charged in the death of her infant daughter ? who authorities say was killed by an 8-year-old boy ? disputes allegations that she left the children home alone, her attorney said Wednesday.

Police say Katerra Marsha Lewis, 26, and a friend left the 8-year-old boy to watch over five younger children while the women went to a nightclub. The boy beat Kelci Lewis to death last month when she wouldn't stop crying and placed her back in her crib as if she were asleep, police said.

The boy was charged with murder in juvenile court and placed into the custody of child welfare workers, Birmingham Police spokesman Sean Edwards said. The infant's mother faces a manslaughter charge.

Legal experts say the case will be challenging on several fronts because of the boy's age.

University of Alabama associate law professor Jenny Carroll said in many jurisdictions, children under the age of 10 or 12 are presumed not to have the capacity to form criminal intent and have difficulty understanding court proceedings.

"We recognize that children don't have the same thought processes and don't have fully developed decision-making processes at that age," said Carroll, who has represented juvenile offenders.





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