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Court rejects Duncan's death sentence appeal
Headline Legal News |
2015/03/31 14:25
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A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.
Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.
Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.
On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind. |
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Bond hearing scheduled for millionaire Durst in New Orleans
Court Watch |
2015/03/23 10:42
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Millionaire Robert Durst, facing a murder charge in California and weapons charges in Louisiana, is scheduled for a bond hearing.
The hearing is scheduled for Monday in New Orleans on the weapons charges. Prosecutors say no bond should be allowed. Durst's lawyers want their client released.
They say the 71-year-old was illegally arrested at a New Orleans hotel March 14 on both the weapons charges and the warrant alleging that murdered a female friend in California. His lawyers also say his arrest was orchestrated to coincide with the last episode of an HBO show about him.
One of the weapons charges alleges Durst had a .38-caliber revolver; previous felony convictions make that illegal. The other charge says he had the weapon and illegal drugs: more than 5 ounces of marijuana.
Durst has been held for nearly a week in a mental-health unit in a prison about 70 miles from New Orleans. Jail officials say he's at risk for suicide.
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Battle flag at center of Supreme Court free speech case
Headline Legal News |
2015/03/23 10:42
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Texas commemorates the Confederacy in many ways, from an annual celebration of Confederate Heroes Day each January to monuments on the grounds of the state Capitol in Austin. Among the memorials is one that has stood for more than a century, bearing an image of the Confederate battle flag etched in marble.
But you're out of luck if you want to put that flag on your license plate. Texas says that would be offensive.
Now the Supreme Court will decide whether the state can refuse to issue a license plate featuring the battle flag without violating the free-speech rights of Texans who want one. The justices hear arguments Monday in a challenge brought by the Texas division of the Sons of Confederate Veterans.
The group sued over the state's decision not to authorize its proposed license plate with its logo bearing the battle flag, similar to plates issued by eight other states that were members of the Confederacy and Maryland.
The First Amendment dispute has brought together some unlikely allies, including the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, civil libertarian Nat Hentoff and conservative satirist P.J. O'Rourke. |
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Court scraps Dutch data retention law, cites privacy concern
Press Release |
2015/03/12 12:12
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A judge scrapped the Netherlands' data retention law Wednesday, saying that while it helps solve crimes it also breaches the privacy of telephone and Internet users.
The ruling by a judge in The Hague followed a similar decision in April by the European Union's top court that wiped out EU data collection legislation it deemed too broad and offering too few privacy safeguards.
The Security and Justice Ministry said it was considering an appeal.
Under the Dutch law, telephone companies were required to store information about all fixed and mobile phone calls for a year. Internet providers had to store information on their clients' Internet use for six months.
The written judgment by Judge G.P. van Ham conceded that scrapping the data storage "could have far-reaching consequences for investigating and prosecuting crimes" but added that this could not justify the privacy breaches the law entails.
The judge did not set a deadline for disposing of the data.
Privacy First, one of the organizations that took the government to court, said the ruling "will bring to an end years of massive privacy breaches" in the Netherlands.
The government said after last year's European court ruling that it would amend its law. |
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Missouri appeals judge appointed to take over Ferguson court
Attorney News |
2015/03/12 12:12
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A Missouri appeals court judge was appointed Monday to take over Ferguson's municipal court and make "needed reforms" after a highly critical U.S. Department of Justice report that was prompted by the fatal police shooting of Michael Brown.
The Missouri Supreme Court said it is assigning state appeals Judge Roy L. Richter to hear all of Ferguson's pending and future municipal court cases. The high court said Richter also will have the authority to overhaul court policies to ensure defendants' rights are respected and to "restore the integrity of the system."
Ferguson Municipal Judge Ronald J. Brockmeyer resigned Monday, saying through a spokesman that he was stepping down to promote public confidence in the court and help Ferguson "begin its healing process."
The Ferguson City Council met in closed session Monday evening, but members left without taking questions and a city spokesman didn't disclose the purpose of the meeting. Ferguson City Manager John Shaw was escorted to his vehicle by a police officer without fielding questions, and Mayor James Knowles III declined comment to The Associated Press afterward except to say that the city on Tuesday would begin seeking Brockmeyer's permanent successor.
Richter will take charge of the court on March 16. The Supreme Court said it also is assigning staff from the state court administrator's office to aid Richter in reviewing Ferguson's municipal court practices. |
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