|
|
|
Missouri Appeals Court to decide fight over frozen embryos
Court Watch |
2016/06/03 13:48
|
The Missouri Court of Appeals is being asked to decide whether a divorced St. Louis County couple's two frozen embryos are property or human beings with constitutional rights.
Jalesia McQueen, 44, is suing to be able to use the embryos, which have been stored for six years, to have more children. Her ex-husband, Justin Gadberry, 34, doesn't want to have any more children with McQueen and doesn't believe he should be required to reproduce.
The two signed an agreement in 2010 that would give McQueen the embryos if they divorced, but Gadberry sought to prevent that from happening when the pair did split. St. Louis County Family Court Commissioner Victoria McKee ruled in 2015 that the embryos were "marital property" and gave joint custody to the estranged couple, which required McQueen and Gadberry to agree on the embryos' future use.
|
|
|
|
|
|
Man admits kidnapping teen girl, raping her during captivity
Court Watch |
2016/05/29 13:48
|
A man who kidnapped a 14-year-old girl when she accepted his offer of a ride home from school because her feet were sore, held her in captivity for nine months and raped her repeatedly at his trailer acknowledged his crimes on Thursday.
Nathaniel Kibby pleaded guilty to kidnapping, aggravated felonious sex assault and criminal threatening, and prosecutors asked for a sentence of 45 to 90 years in prison for him.
Kibby, who had pleaded not guilty shortly after his arrest, had been scheduled to go on trial next month on nearly 200 felony charges related to the girl's October 2013 disappearance and the months that followed. But he changed his plea to guilty at a hearing on Thursday.
Before the 35-year-old Kibby could enter his new plea, a prosecutor said Kibby had kidnapped the girl by offering her a ride home from her school and then brandishing a gun when she attempted to get out of his car.
Prosecutor Jane Young said the girl and Kibby didn't know each other and she accepted the ride because she'd worn boots to school and her feet were blistered. Young said when the girl tried to get out of the car in a parking lot Kibby pulled out the gun and threatened to "blow her brains out."
Kibby also pleaded guilty to witness tampering and other offenses. Last week, a judge ruled Kibby's lawyers could not question the girl before his trial about her exposure to media coverage and the amount of freedom she was given to move about his trailer in Gorham, where prosecutors say he used a stun gun, zip ties and a shock collar to control her.
Kibby was charged with kidnapping the girl on Oct. 9, 2013, as she walked home from her high school in Conway. The girl returned to her home in North Conway the night of July 20, 2014, but prosecutors have not elaborated on the circumstances of her return. She waited until a week after she was home to reveal Kibby's identity. She was able to identify Kibby because she spotted his full name inside a cookbook in his home.
Lawyers hired by the girl's family said she had suffered "numerous acts of unspeakable violence" during her months of captivity. Their statement was largely a plea for privacy and did not elaborate on what she endured. The girl, who is now 17 years old, attended Thursday's hearing. |
|
|
|
|
|
Swedish court upholds arrest warrant for Julian Assange
Court Watch |
2016/05/25 22:55
|
A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.
The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."
The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."
Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.
"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.
Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.
He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud.
|
|
|
|
|
|
Indiana court to hear woman's appeal of feticide conviction
Court Watch |
2016/05/22 22:56
|
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
At issue is Indiana's feticide statute, which the defense says was "passed to protect pregnant women from violence" that could harm their developing fetus, not to prosecute women for their own abortions. The state says that law "is not limited to third-party actors" and can apply to pregnant women.
Attorneys for 35-year-old Purvi Patel will urge the Indiana Court of Appeals to reverse her 2015 convictions on charges of feticide and neglect of a dependent resulting in death. The state's attorney general's office will defend the northern Indiana jury's decision.
Patel, of Granger, was arrested in July 2013 after she sought treatment at a local hospital for profuse bleeding after delivering a 1½-pound infant boy and putting his body in a trash bin behind her family's restaurant. Court records show Patel purchased abortion-inducing drugs online through a pharmacy in Hong Kong, took those drugs and delivered a premature baby in her home bathroom.
|
|
|
|
|
|
Kansas Supreme Court reviews lawmakers' school aid changes
Court Watch |
2016/05/10 10:06
|
Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.
The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.
Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.
"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.
The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.
|
|
|
|
|
Law Firm Web Design Information |
Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Solo Practice Law Firm Website Design |
|
|