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Maryland high court issues opinion in Gray case
Legal Interview |
2016/05/21 23:30
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Maryland's highest court has released an opinion explaining its recent decision to force an officer charged in the death of Freddie Gray to testify against his colleagues.
The Maryland Court of Appeals issued its opinion Friday. Chief Judge Mary Ellen Barbara writes that compelling Officer William Porter to testify while he awaits retrial is not a violation of his Fifth Amendment right not to incriminate himself. The judge says there are ways to ensure that the testimony, which is protected by immunity, doesn't make it into his retrial. Porter's trial ended in a hung jury in December.
Gray died April 19, 2015, a week after his neck was broken in a police van. Six officers were charged in his death. One of them, Officer Edward Nero, is currently on trial. |
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Indiana court to hear woman's appeal of feticide conviction
Topics |
2016/05/21 23:29
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Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
At issue is Indiana's feticide statute, which the defense says was "passed to protect pregnant women from violence" that could harm their developing fetus, not to prosecute women for their own abortions. The state says that law "is not limited to third-party actors" and can apply to pregnant women.
Attorneys for 35-year-old Purvi Patel will urge the Indiana Court of Appeals to reverse her 2015 convictions on charges of feticide and neglect of a dependent resulting in death. The state's attorney general's office will defend the northern Indiana jury's decision.
Patel, of Granger, was arrested in July 2013 after she sought treatment at a local hospital for profuse bleeding after delivering a 1½-pound infant boy and putting his body in a trash bin behind her family's restaurant. Court records show Patel purchased abortion-inducing drugs online through a pharmacy in Hong Kong, took those drugs and delivered a premature baby in her home bathroom. |
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Planned Parenthood shooting defendant returning to court
Court Watch |
2016/05/11 10:43
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A man who admitted killing three people at a Colorado Planned Parenthood clinic is returning to court for the continuation of a hearing on whether he's mentally competent to stand trial.
A psychologist who examined 57-year-old Robert Dear is scheduled to testify Tuesday.
Dear is charged with 179 counts including murder, attempted murder and assault in the Nov. 27 shootings at the Colorado Springs clinic. Nine people were injured in the attack.
In court, he has declared himself a "warrior for the babies" and said he was guilty.
The hearing started last month, when two psychologists testified that Dear isn't competent to stand trial.
If the judge agrees, Dear's case would be put on hold while he undergoes treatment at a state psychiatric hospital intended to restore him to competency.
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Kansas Supreme Court reviews lawmakers' school aid changes
Court Watch |
2016/05/10 10:43
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Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.
The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.
Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.
"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.
The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.
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El Salvador court takes up case on ex-president's finances
Politics |
2016/05/09 10:43
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A court in El Salvador has agreed to consider a civil case against former President Mauricio Funes, his wife and one of his sons for possible illicit enrichment.
The San Salvador court press office said Saturday that several government institutions have been ordered to hand over information related to the family's finances, properties and businesses.
Under scrutiny is some $728,000 in unexplained income and expenditures. Funes has 20 days to respond to present evidence in his defense.
The former president has criticized the allegations in the past. He said some of the Supreme Court justices who voted to order the lower court to open the case in February had previously attacked his government while sitting on the Constitutional Court.
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Spanish court seeks arrest of Putin-linked Russians
Law Center |
2016/05/08 23:11
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A Spanish judge wants two senior Russian officials with links to the Kremlin arrested so they can be questioned in court about suspected money laundering and criminal association.
National court judge Jose de la Mata Amaya has issued international arrest warrants for Nikolai Aulov, deputy director of Russia's federal drug control agency, and Vladislav Reznik, who is a member of parliament's lower house for the main Kremlin party and deputy chairman of its financial markets committee. Both men are viewed as allies of President Vladimir Putin.
They are among 15 suspects in a years long investigation into alleged Russian mafia activities in Spain, according to court documents released this week. The court said their whereabouts are not known.
The judge handed down his ruling in January. A national court spokesman said the case was never placed under judicial secrecy after the arrest orders were issued on Jan. 22 but it only became publicly known after Spain's El Mundo on Tuesday published a story based on documents outlining the judge's order.
The spokesman said he did not know whether those named in the document had Spanish lawyers. He spoke on condition of anonymity, in keeping with court policy.
The Russian federal drug control agency said the Spanish judge's decision to seek Aulov's arrest was "legally unprofessional, a political hit job and perhaps connected with drug mafia revenge," the state RIA Novosti news agency reported.
A lawyer for Reznik, Alexander Gofshtein, also has described the case as being politically driven.
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