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NC high court sidesteps decision on tracking sex offenders
Court and Trial |
2019/02/03 11:32
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The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
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Out-of-state money boosts Collins after Supreme Court vote
Court and Trial |
2019/02/01 11:34
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Maine Republican U.S. Sen. Susan Collins had the best fundraising quarter of her career after she delivered a pivotal vote that helped seat Brett Kavanaugh on the Supreme Court, according to documents filed with the Federal Election Commission.
The Bangor Daily News reports that after announcing her decision to vote in favor of Kavanaugh's nomination during a speech on the Senate floor in early October, Collins raised $1.8 million in the final quarter of 2018.
The records show that of the nearly $900,000 Collins received from individual donors who contributed more than $200 to her campaign, just $19,000 came from individuals with Maine addresses.
"We made an effort to have a strong quarter because we wanted to send the message that Senator Collins will be prepared to run a vigorous campaign in 2020," said Amy Abbott, the deputy treasurer of Collins' campaign committee. "We focused our fundraising efforts nationally, which we typically do until the election year, which is why there were relatively fewer donations from Maine."
She said the campaign received "many contributions" from Maine that were under the $200 reporting threshold.
In the quarter before her Kavanaugh vote, Collins raised $140,000.
Collins' decision to support Kavanaugh's nomination led to a burst of donations for a potential 2020 challenger. So far no Democrats have emerged to challenge Collins next year.
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Wisconsin Supreme Court candidate defends blog posts
Court and Trial |
2019/02/01 11:33
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Conservative Wisconsin Supreme Court candidate Brian Hagedorn is defending blog posts he wrote more than a decade ago where he said a landmark gay rights court ruling could lead to legalized bestiality and labeled Planned Parenthood a “wicked organization.”
Hagedorn spoke Monday about the blogs to conservative talk radio host John Muir on WTAQ-AM. He wrote the blogs while in law school in 2005 and 2006.
He is an evangelical Christian and says he can separate his personal opinion from the law. Hagedorn faces liberal-backed Wisconsin Supreme Court candidate Lisa Neubauer in the April 2 election.
Neubauer is chief judge on the state appeals court where Hagedorn is also a judge.
Neubauer campaign manager Tyler Hendricks says Hagedorn would bring a “personal, extreme and radical agenda to the Supreme Court.” |
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US presses ahead with border wall in court despite shutdown
Court and Trial |
2019/01/16 23:13
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A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.
Efren Olivares, a lawyer for the Texas Civil Rights Project, accused the government of being “fixated” on a border wall at the expense of other matters.
“As someone who is also handling family reunification cases in which government lawyers are telling us they can’t do anything to help us because of the government shutdown, it’s extremely upsetting and frustrating,” he said.
The case that led to Tuesday’s hearing was opened 11 years ago, during the last major effort to build border barriers under the Secure Fence Act. It involves a chunk of land in Los Ebanos, a town of roughly 300 people situated along a bend in the Rio Grande, the river separating the U.S. and Mexico in Texas.
Olivares said the U.S. government already obtained the land it sought from the landowner, Pamela Rivas, but both sides haven’t agreed yet on compensation. |
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Court: State, governor can't be sued over public defenders
Court and Trial |
2019/01/13 00:50
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Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial. |
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