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Court: Drug users can be jailed for relapsing on probation
Court and Trial |
2018/07/14 15:39
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In a case that has attracted national attention, Massachusetts' highest court ruled Monday that judges in the state have the authority to order people to remain drug free as a condition of probation and under some circumstances order a defendant jailed for violating the drug-free requirement.
The Supreme Judicial Court ruled unanimously that such a requirement does not violate the constitutional rights of people with substance use disorder or unfairly penalize them because of a medical condition beyond their control.
The court ruled in the case of Julie Eldred, who was jailed in 2016 after she tested positive for the powerful opioid fentanyl days into her probation on larceny charges. Eldred, who has severe substance use disorder, spent more than a week in jail after relapsing until her lawyer could find a bed for her at a treatment facility.
Eldred's lawyer argued before the high court in October that her client's substance use disorder made her powerless to control her desire to use drugs, and that jailing her effectively criminalized relapse - which often happens in the recovery process.
But the justices said the defendant's claims were based partly on untested science.
"Nor do we agree with the defendant that the requirement of remaining drug free is an outdated moral judgment about an individual's addiction," wrote Associate Justice Barbara Lenk. "The judge here did not abuse her discretion by imposing the special condition of probation requiring the defendant to remain drug free."
The court called the actions of two district court judges and the state probation department "exemplary." The justices noted that Eldred had admitted to police that she had stolen to support her drug habit.
Most addiction specialists - including groups such as the National Institute on Drug Abuse and American Society of Addiction Medicine - view substance use disorder as a brain disease that interferes with a person's ability to control his or her desire to use drugs. |
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Hawaii Supreme Court sides with lesbian couple in B&B case
Court and Trial |
2018/07/11 15:43
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A Hawaii appeals court ruling that a bed and breakfast discriminated by denying a room to two women because they're gay will stand after the state's high court declined to take up the case.
Aloha Bed & Breakfast owner Phyllis Young had argued she should be allowed to turn away gay couples because of her religious beliefs.
But the Hawaii Supreme Court on Tuesday unanimously rejected Young's appeal of a lower court ruling that ordered her to stop discriminating against same-sex couples.
Young is considering her options for appeal, said Jim Campbell, senior counsel for Alliance Defending Freedom, a conservative Christian law firm that is representing her. He said Young might not be able to pay her mortgage and could lose her home if she's not able to rent rooms.
"Everyone should be free to live and work according to their religious convictions - especially when determining the living arrangements in their own home," Campbell said in an emailed statement.
Peter Renn, who represents the couple, said the Hawaii high court's order indicates the law hasn't changed even after the U.S. Supreme Court last month, in a limited decision, sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. He said "there still is no license to discriminate."
"The government continues to have the power to protect people from the harms of discrimination, including when it's motivated by religion," said Renn, who is a senior attorney with Lambda Legal, an organization that defends LGBTQ rights.
Diane Cervelli and Taeko Bufford of Long Beach, California, tried to book a room at Aloha Bed & Breakfast in 2007 because they were visiting a friend nearby. When they specified they would need just one bed, Young told them she was uncomfortable reserving a room for lesbians and canceled the reservation.
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Courts finds suspect in neo-Nazi trial guilty of 10 killings
Court and Trial |
2018/07/09 15:43
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A German court on Wednesday found the main defendant in a high-profile neo-Nazi trial guilty over the killing of 10 people - most of them migrants - who were gunned down between 2000 and 2007 in a case that shocked Germany and prompted accusations of institutional racism in the country's security agencies.
Judges sentenced Beate Zschaepe to life in prison for murder, membership of a terrorist organization, bomb attacks that injured dozens and several lesser crimes including a string of robberies. Four men were found guilty of supporting the group in various ways and sentenced to prison terms of between 2½ and 10 years.
Presiding judge Manfred Goetzl told a packed Munich courtroom that Zschaepe's guilt weighed particularly heavily, meaning she is likely to serve at least a 15-year sentence. Her lawyers plan to appeal the verdict.
The 43-year-old showed no emotion as Goetzl read out her sentence. A number of far-right activists attending the trial clapped when one the co-accused, Andre Eminger, received a lower sentence than expected.
Zschaepe was arrested in 2011, shortly after her two accomplices were found dead in an apparent murder-suicide. Together with the men, Uwe Mundlos and Uwe Boehnhardt, she had formed the National Socialist Underground, a group that pursued an ideology of white racial supremacy by targeting migrants, mostly of Turkish origin.
Goetzl said the trio agreed in late 1998 to kill people "for anti-Semitic or other racist motivations" in order to intimidate ethnic minorities and portray the state as impotent.
They planned to wait until they had committed a series of killings before revealing their responsibility, in order to increase the public impact of their crimes.
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1-year-old goes to court to get reunited with family
Court and Trial |
2018/07/08 16:46
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The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."
Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.
"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.
The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.
Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.
In Phoenix on Friday, the Honduran boy named Johan waited over an hour to see the judge. His attorney told Richardson that the boy's father had brought him to the U.S. but that they had been separated, although it's unclear when. He said the father, who was now in Honduras, was removed from the country under false pretenses that he would be able to leave with his son.
For a while, the child wore dress shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterward for the few seconds that a worker handed him to another person while she gathered his diaper bag. He is in the custody of the U.S. Health and Human Services Department in Arizona. |
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Prosecutor to press court to release church abuse report
Court and Trial |
2018/06/30 17:54
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Pennsylvania's highest court is being pressed to publicly release a major grand jury report on allegations of child sexual abuse and cover-ups in six of the state's Roman Catholic dioceses.
Pennsylvania Attorney General Josh Shapiro will ask the court to swiftly decide lingering legal issues before it, his office said Friday. He expects to make that request Monday.
"The people of Pennsylvania have a right to see the report, know who is attempting to block its release and why, and to hear the voices of the victims of sexual abuse within the Church," Shapiro said in a statement.
The state Supreme Court is blocking the release of the report as the result of legal challenges filed under seal by people apparently named in the report. The court has declined to make those filings or dockets public, or name the people who filed the challenges.
The Supreme Court's chief justice, Thomas Saylor, declined comment through a spokeswoman, and lawyers for the unnamed people challenging the report did not respond to requests for comment.
Meanwhile, seven news organizations, including The Associated Press, on Friday filed a motion to intervene in the case in a bid to argue that the court should release the report, contending that it is required by law. If the court decides it needs more time to consider the legal challenges, it could immediately order the report's release with only those parts that are in question shielded from view, lawyers for the news organizations wrote.
The court also should be consistent with practice in other grand jury matters and make public the filings and dockets in the case, with redactions if necessary, the news organizations wrote.
Victim advocates have said the report is expected to be the largest and most exhaustive such review by any state. The grand jury spent two years investigating allegations of child sex abuse in the dioceses of Allentown, Erie, Greensburg, Harrisburg, Pittsburgh and Scranton, churches with some 1.7 million members.
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