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Ohio sheriff accused of drug theft changing not guilty plea
Court Watch | 2016/12/01 11:01
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.



Ohio sheriff accused of drug theft changing not guilty plea
Court Watch | 2016/11/21 10:43
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.


Philippine court urged to order Marcos' remains exhumed
Court Watch | 2016/11/20 10:43
Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.

They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.

Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.

Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.

The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.

Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."

He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.

Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989.


Lithuania wants Gorbachev to testify in war crimes trial
Court Watch | 2016/10/17 20:29
A Lithuanian court has called former Soviet leader Mikhail Gorbachev to testify in a mass trial related to the 1991 crackdown on the country's independence movement.

Gorbachev and Russian authorities haven't answered previous requests so it's unlikely he would comply with Monday's request from the Vilnius district court.

The case involves more than 60 former Soviet officials charged with war crimes and other offenses for their roles in a crackdown on pro-independence demonstrators that left 14 people dead in January 1991, when Gorbachev was still in power.

The judges approved a request by one of the plaintiffs in the case to call Gorbachev to the court as a witness.

Only two defendants are present in court. Others, mainly citizens of Russia, Ukraine and Belarus, are being tried in absentia.



Court enters default judgment in Kansas voting rights case
Court Watch | 2016/10/14 22:35
A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.

It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.

Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.

Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.

Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.

"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."

Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.

But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.

The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.




Court fight over Ohio executions likely to focus on sedative
Court Watch | 2016/10/13 22:34
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.



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