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DeVaney sworn in to South Dakota Supreme Court
Court News | 2019/05/24 14:41
Patricia DeVaney has been sworn in as South Dakota's newest Supreme Court justice.

DeVaney took her oath of office in the state's Capitol Rotunda in Pierre Thursday, steps away from the Attorney General's Office where she spent much of her career.

Republican Gov. Kristi Noem highlighted DeVaney's work as an assistant attorney general prosecuting one of South Dakota's serial killers, Robert Leroy Anderson. The Rapid City Journal says Noem also highlighted DeVaney's work defending the constitutionality of South Dakota's laws requiring "informed consent" prior to an abortion.

DeVaney remained with the Attorney General's Office until 2012, when former-Gov. Dennis Daugaard appointed her to South Dakota's 6th Judicial Circuit. She fills the seat vacated by Justice Steven Zinter, who died unexpectedly last October.


Russian court extends arrest for American accused of spying
Court News | 2019/05/21 14:43
A Russian court on Friday extended the arrest for a former U.S. Marine charged with espionage, who complained in court about abuse in custody.

Paul Whelan was arrested at the end of December in a hotel room in the Russian capital of Moscow where he was attending a wedding. He was charged with espionage, which carries up to 20 years in prison in Russia.

Whelan denies the charges of spying for the U.S. that his lawyers said stem from a sting operation. Whelan’s lawyer has said his client was handed a flash drive that had classified information on it that he didn’t know about.

The court ruled Friday to keep the Michigan resident, who also holds British, Irish and Canadian citizenship, behind bars for three more months.

Whelan told reporters in court that he has been threatened and subjected to “abuses and harassment” in prison.

“I haven’t had a shower in two weeks. I can’t use a barber, I have to cut my own hair,” a visibly agitated Whelan said from the defendant’s dock. “This is typical prisoner of war isolation technique. They’re trying to run me down so that I will talk to them.”

Andrea Kalan, a spokeswoman for the U.S. Embassy in Moscow, said Friday that they are disappointed with the ruling, arguing there is “no evidence of any wrongdoing.”

“The mature, civilized course would be to let Paul go home to his elderly parents, who are wondering if they’ll see their son alive again,” Kalan said.

Rights activist Eva Merkachova, who is authorized to visit Moscow prisons, told the RIA Novosti news agency on Friday that the prison administration at the Lefortovo detention center where Whelan is being kept did not let her speak to the American because they were speaking English.

She said she and another activist were told by a prison guard that they can only speak Russian on the premises and that Lefortovo refused to let in a certified translator.


Students in Colorado shooting face murder, other charges
Court News | 2019/05/12 08:45
Two students suspected of opening fire at their school are charged with over a dozen counts of murder and attempted murder as well as theft and arson, prosecutors said Wednesday.

The charges came on the same day a memorial service was being held for the one student who was killed in the May 7 shooting at the STEM School Highlands Ranch on May 7. Wight students were injured.

The accused gunmen, 18-year-old Devon Erickson and 16-year-old Alec McKinney, were arrested at the school and investigators say they opened fire inside using handguns.

The charges were listed in electronic court records. It wasn't clear if McKinney was being charged as an adult.

The celebration of 18-year-old Kendrick Castillo's life will be held at Cherry Hills Community Church in Highlands Ranch. The senior was just days from graduating when he was fatally wounded.

Castillo along with classmates Brendan Bialy and Joshua Jones are credited with helping minimize the bloodshed by charging at one of the suspects in a classroom.

According to Bialy, Castillo sprang into action against the shooter "and immediately was on top of him with complete disregard for his own safety." Jones said he was shot twice in the leg during the ordeal. Bialy said he was able to take the attacker's weapon.

All the injured students have been released from hospitals.


Supreme Court to take up LGBT job discrimination cases
Court News | 2019/04/20 08:58
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

The justices said Monday they will hear cases involving people who claim they were fired because of their sexual orientation and another that involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The cases will be argued in the fall, with decisions likely by June 2020 in the middle of the presidential election campaign. The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.

The big question is whether the Supreme Court, with a strengthened conservative majority, will do the same. The cases are the court's first on LGBT rights since the retirement of Justice Anthony Kennedy, who authored the court's major gay rights opinions. President Donald Trump has appointed two justices, Neil Gorsuch and Brett Kavanaugh.

The justices had been weighing whether to take on the cases since December, an unusually long time, before deciding to hear them. It's unclear what caused the delay.


Quest for food stamp data lands newspaper at Supreme Court
Court News | 2019/04/18 09:00
In the summer of 2010, reporters at South Dakota’s Argus Leader newspaper decided to request data about the government’s food assistance program, previously known as food stamps. They thought the information could lead to a series of stories and potentially help them identify fraud in the now $65 billion-a-year program.

They sent a stream of what they thought were routine requests for information to Washington.

Government officials eventually sent back some information about the hundreds of thousands of stores nationwide where the food program’s participants could use their benefits. But the government withheld information reporters saw as crucial: how much each store received annually from the program.

Trying to get that data has taken the paper more than eight years and landed it at the Supreme Court, which will hear the case Monday.

Argus Leader news director Cory Myers, who directs a staff of 18 at the Sioux Falls paper, says getting the information is about “knowing how our government is operating” and “knowing what government is doing with our tax money.”

A supermarket trade association opposing the information’s release argues that the information being sought is confidential. The Supreme Court’s decision in the case could be narrow or could significantly affect the interpretation of a law that grants the public access to government records.

The Argus Leader is owned by USA Today publisher Gannett and is the largest newspaper in South Dakota. It wrote about the government’s initial release of information. But Jonathan Ellis, one of the reporters behind the requests, said there’s more to learn if the paper gets what it’s seeking.

Ellis said he would like to write about the companies who profit the most from the Supplemental Nutrition Assistance Program , called SNAP. He would like to analyze how successful efforts to involve farmers’ markets in the program have been. And he is still hoping to use the data to identify stores that seem like outliers, an indication of potential fraud.


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