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Appeals court orders judge to expunge woman's convictions
Headline News |
2016/09/13 15:25
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A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.
The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.
The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.
The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."
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Court rejects challenge to Michigan's emergency manager law
Headline News |
2016/09/12 15:24
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An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.
Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.
Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.
The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.
"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.
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Appeals court sympathetic to voting rules challenge
Headline News |
2016/09/10 23:35
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A federal appeals court seems likely to side with voting rights groups trying to stop Kansas, Georgia and Alabama from making residents prove they are U.S. citizens when registering to vote using a national form.
Judges heard arguments in the case Thursday. At issue is whether to overturn a decision by a U.S. election official who changed the form's proof-of-citizenship requirements at the behest of the three states, without public notice.
People registering to vote in other states need only to swear that they are citizens, not show proof.
Two of the three judges hearing the case suggested the citizenship requirement can pose a tough hurdle for many eligible voters.
A federal judge in July refused to block the requirement while the case is being decided.
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Judge in Stanford swimmer case switching to civil court
Headline News |
2016/08/26 14:42
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A judge whose six-month sentence in the sexual assault case of a former Stanford swimmer has removed himself from handling criminal matters, but efforts to recall him remain.
Santa Clara County Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.
"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served," Pichon said. "Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment."
The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.
Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.
Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life. |
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2 teens killed in Atlanta suburb: Man accused due in court
Headline News |
2016/08/19 14:52
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A man accused of killing two teenagers near Atlanta is set to appear in court for a preliminary hearing.
Jeffrey Hazelwood is scheduled to appear Friday morning in Fulton County Magistrate Court.
The 20-year-old is charged with murder and theft in the killings of Carter Davis and Natalie Henderson in Roswell. The 17-year-olds were shot in the head. An autopsy report says their bodies were found behind a grocery store and had been placed in distinct poses.
Police have declined to discuss a possible motive for the slayings, or whether Hazelwood knew the teens.
Hazelwood's attorney, Lawrence Zimmerman, has said he'll provide a vigorous defense.
Henderson and Davis, who used to live in Rapid City, South Dakota, would have been seniors this year at their Georgia high schools. |
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Court won't reinstate church official's conviction
Headline News |
2016/07/28 10:07
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The first U.S. church official convicted over his handling of priest-abuse complaints could soon leave prison after the Pennsylvania Supreme Court agreed Tuesday that his conviction was flawed.
Monsignor William Lynn, who served two cardinals at the Roman Catholic Archdiocese of Philadelphia, has been imprisoned for almost three years for child endangerment.
But the high court Tuesday declined to reinstate his 2012 conviction. A lower appeals court had found the trial judge allowed too much indirect testimony from other church-abuse victims.
Defense lawyer Tom Bergstrom will ask that his client be released this week. Lynn, 65, has nearly served the minimum of his three- to six-year term.
"He was in the middle of this thing, by direction of the cardinal," Bergstrom said. "He was thrown into this melting pot of awfulness, without a whole lot of experience (and) without a whole lot of education. ... And he did his best."
Prosecutors after two grand jury investigations found that Lynn played a key role helping the archdiocese transfer known pedophile-priests through his job as secretary for clergy from 1992 to 2004.
The trial revealed that his bosses kept a half century of abuse complaints in secret, locked files under Lynn's control and that he reviewed them to compile lists of suspected pedophiles.
Lynn was charged, though, with enabling the abuse of a single, 10-year-old altar boy by a priest transferred to the parish despite other complaints.
Common Pleas Judge M. Teresa Sarmina, in sentencing Lynn, said he had "enabled monsters in clerical garb ... to destroy the souls of children."
Lynn's novel case has reached the state Supreme Court twice, and he has been in and out of prison amid several rounds of appeals.
Prosecutors could ask to retry the case. A spokesman for District Attorney Seth Williams said the office would review its options.
Lynn, during several grueling days on the stand, said he tried his best but "my best was not good enough."
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