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Ohio court considers privacy rights in backpack search
Attorney News | 2017/03/02 08:36
The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.

At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.

The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.

A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.


Court: Police executing 'no-knock' warrant before shooting
Attorney News | 2017/02/12 23:43
Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.

WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.

The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.

Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.



Supreme Court nominee has defended free speech, religion
Attorney News | 2017/02/11 23:44
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.

On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.

In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote.



Kenya court blocks closing of world's biggest refugee camp
Attorney News | 2017/02/09 23:44
A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.

Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."

Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.

Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.

The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.

President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."

Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.




Supreme Court temporarily blocks new NC districts, elections
Attorney News | 2017/01/10 08:58
The U.S. Supreme Court on Tuesday temporarily blocked a lower court ruling that had directed North Carolina legislators to redraw state legislative districts by March 15 and hold special elections within the altered districts this fall.

The court order granted the request of North Carolina Republican legislative leaders and state officials to delay November's ruling by a three-judge panel. The panel last summer threw out 28 state House and Senate districts as illegal racial gerrymanders.

The Supreme Court says its order will stay in place at least until the court decides whether to hear an appeal the state previously requested. If the justices take up the case, the stay will remain in effect pending a decision.

If no special elections are required, the next round of General Assembly elections would be held in late 2018. The GOP currently holds majorities large enough to override any vetoes by newly installed Democratic Gov. Roy Cooper. Special elections could give Democrats a chance to narrow those margins and give leverage to Cooper.

The delay comes in an atmosphere of intense political division in the state: On Tuesday, the governor expanded the scope of a lawsuit he previously had filed seeking to overturn laws GOP legislators passed to limit his powers just two weeks before he was sworn in.

The voters who sued over the maps alleged that Republican lawmakers drew the boundaries to create more predominantly white and Republican districts by effectively cramming black voters into adjacent Democratic districts. GOP lawmakers said the majority-black districts were drawn to protect them against lawsuits alleging they violated the U.S. Voting Rights Act.



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