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Supreme Court will decide whether criminal cases must have 12 jurors, in Florida case
Opinions |
2026/06/18 08:28
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The Supreme Court on Monday agreed to decide whether states can use juries made up of only six people in criminal cases, instead of the usual 12. The case puts a Florida chiropractor convicted of practicing with a suspended license in an unlikely leading role in a constitutional clash. The justices will hear arguments in the fall in the case of Hamed Kian, who argues that a six-person jury violates his constitutional rights. Florida uses six-person juries for all criminal cases that don't involve the death penalty. Five other states, Arizona, Connecticut, Indiana, Massachusetts and Utah, also conduct some criminal trials with six-member juries. The 45-year-old Kian's license was suspended after three women who were his patients complained he either kissed or touched them inappropriately, according to court records. Prosecutors sought an indictment after amassing evidence that Kian, who had an office in Jupiter, continued to see patients even after the suspension. He was convicted by a six-person jury. Kian's lawyers argue that the smaller jury violates the Sixth Amendment, which guarantees "a speedy and public trial, by an impartial jury of the state." The amendment does not explicitly set the size of the jury, but Kian's lawyers contend that the word jury could only have meant a body of 12 people at the time the amendment was adopted in 1791. Just over 100 years later, the Supreme Court ruled that juries had to have 12 people. But in 1970, the justices changed course and ruled by a 7-1 vote that the number 12 was not sacrosanct, also in a case from Florida. Justice Thurgood Marshall was the only dissenter. More recently, the court has placed renewed emphasis on the original understanding of the Constitution. In another Sixth Amendment case, the court ruled in 2020 that juries must be unanimous in criminal cases, effectively overturning a 1972 decision that had allowed for non-unanimous convictions in criminal cases in Louisiana and Oregon. "The same reasoning applies to the historical right to a jury of twelve," Kian's lawyers wrote in their appeal to the court to step in. "When the People enshrined the jury trial right in the Constitution, they did not attach a rider that future judges could adapt it based on latter-day social science views." In trying to persuade the Supreme Court to leave Kian's conviction in place, Florida Attorney General James Uthmeier wrote that the 1970 case was correctly decided and "overruling it also would imperil thousands of criminal convictions in Florida and five other states that for more than 50 years have relied on its rule." |
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Washington tourist pleads not guilty in Hawaiian monk seal rock case
Opinions |
2026/06/01 17:48
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A tourist from Washington state pleaded not guilty Wednesday to charges accusing him of hurling a coconut-sized rock at an endangered Hawaiian monk seal and was ordered to stay away from Hawaii beaches. Igor Lytvynchuk, 38, of Covington, Washington, was in U.S. District Court in Honolulu Wednesday, where he pleaded not guilty to charges of harassing and attempting to harass a protected animal. U.S. Magistrate Judge Rom Trader allowed him to remain free pending the criminal case but ordered him to stay away from beaches and marine wildlife while in Hawaii. "You're not going to the beach, you understand that," Trader told Lytvynchuk, who responded that he understood. Lytvynchuk declined to comment after the hearing. One of his defense attorneys, Myles Breiner, said previously his client was trying to protect sea turtles and has since been physically assaulted, threatened and doxed. Earlier this month, a witness recorded what prosecutors say was a video of him throwing the rock at a Hawaiian monk seal at a Maui beach. He later made arrangements to surrender in the Seattle area as special agents with the National Oceanic and Atmospheric Administration were seeking to arrest him, prosecutors said. The video drew widespread condemnation and demands for prosecution in Hawaii, including from Maui's mayor. Scientists identified the seal as an adult male known as "R404," NOAA said. According to prosecutors, a state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina, the community that was largely destroyed by a deadly wildfire in 2023. A witness showed the officer video of the seal swimming in shallow water while a man watched from shore. The video showed Lytvynchuk throwing the rock, described by a witness as the size of a coconut, directly at the seal, narrowly missing its head, prosecutors said in a criminal complaint. When a witness confronted Lytvynchuk, he said "he did not care and was 'rich' enough to pay any fines," according to the complaint. Afterward, a man "brutally assaulted" Lytvynchuk, Breiner said. Lytvynchuk declined to file a police report on the assault, the attorney said. Breiner explained his client had been to Hawaii previously and was familiar with sea turtles, but not Hawaiian monk seals. Lytvynchuk is a fisherman and thought the seal was an aggressive sea lion, the lawyer said. "So his response was not to hurt this monk seal, but to get it away from the turtles," Breiner said. The incident shows NOAA must do more to educate the public about protecting Hawaiian monk seals, Hawaii's U.S. Sen. Brian Schatz, a Democrat, said in a statement. Since the video surfaced, Lytvynchuk has faced death threats and doxing, including receiving a package at his home containing what appeared to be feces, Breiner said. He said his client is being treated unfairly because he is a white outsider. "The vast majority of attacks on monk seal and turtle are by locals," he said. Lytvynchuk is charged with violations of the Endangered Species Act and the Marine Mammal Protection Act. Hawaiian monk seals are a critically endangered species. Only 1,600 remain in the wild. If convicted, he faces up to one year in prison for each charge. He also faces a fine of up to $50,000 under the Endangered Species Act and a fine of up to $20,000 under the Marine Mammal Protection Act. At the hearing, attended by numerous Hawaiian monk seal protection activists, Trader set a scheduling hearing for June 9, but said Lytvynchuk is allowed to participate by phone or video from Washington. Trader ordered him not to travel outside Washington and Hawaii. Lytvynchuk said he surrendered his U.S. passport to authorities. |
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Estranged husband of former Scottish leader pleads guilty to embezzlement
Opinions |
2026/05/24 06:33
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The estranged husband of former Scottish leader Nicola Sturgeon pleaded guilty Monday to embezzling more than 400,000 pounds ($540,000) from the Scottish National Party to fund a lavish lifestyle when he was its chief executive. Peter Murrell, 61, who was remanded into custody in the High Court in Edinburgh after his plea, admitted he used the money to buy a motorhome, two cars and luxury goods. "By embezzling from the SNP, Peter Murrell was stealing the hopes, the dreams and the aspirations of thousands of people all over Scotland, people who gave what they could over many years in the hope that it would help contribute to a better country," SNP leader John Swinney said at a press conference. "I am horrified, I am betrayed." Murrell's plea caps a five-year police investigation and a tumultuous period for Scotland's dominant party and the former power couple once at its helm. Following big gains for the SNP in the Scottish Parliament in 2021, signs of internal turmoil exploded less than two years later as questions swirled about the SNP's finances and dwindling membership numbers. Sturgeon, who dominated Scottish politics for almost a decade, abruptly resigned as first minister of Scotland's semi-autonomous government in February 2023 after serving more than eight years in the role. Observers were bewildered by her announcement that she knew in her "head and in my heart" that it was the right time to go. A month later, Murrell quit his job after two decades as party executive. He took responsibility for misleading the news media about the collapsing membership of the party. Three weeks later, police showed up at the couple's Glasgow home and arrested Murrell. Officers spent two days searching the house. They also searched SNP headquarters in Edinburgh and confiscated a luxury motorhome parked in the driveway at Murrell's mother's home north of the capital. Assistant Chief Constable Stuart Houston said the investigation, which cost 2 million pounds ($2.7 million) in public funds, was lengthy and complex because Murrell covered his tracks over a 12-year period by cooking the books. "Peter Murrell has shown utter contempt for the high public trust placed in him," Houston said. "He abused his privileged position with access to Scottish National Party funds to divert cash into his own accounts and bankroll the lavish lifestyle he craved but could not afford." Sentencing was scheduled for June 23. Police Scotland's investigation into how the SNP spent more than 600,000 pounds ($810,000) designated for a Scottish independence campaign cast a cloud over the party, Sturgeon and her legacy. |
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Supreme Court temporarily extends women's access to a widely used abortion pill
Opinions |
2026/05/13 05:56
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The Supreme Court is leaving women's access to a widely used abortion pill untouched until at least Thursday, while the justices consider whether to allow restrictions on the drug, mifepristone, to take effect. Justice Samuel Alito's order Monday allows women seeking abortions to continue obtaining the pill at pharmacies or through the mail, without an in-person visit to a doctor. It prevents restrictions on mifepristone imposed by a federal appeals court from taking effect for the time being. The court is dealing with its latest abortion controversy four years after its conservative majority overturned Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright. The case before the court stems from a lawsuit Louisiana filed to roll back the Food and Drug Administration's rules on how mifepristone can be prescribed. The state claims the policy undermines the ban there, and it questions the safety of the drug, which was first approved in 2000 and has repeatedly been deemed safe and effective by FDA scientists. Lower courts concluded that Louisiana is likely to prevail, and a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that mail access and telehealth visits should be suspended while the case plays out. The drug is most often used for abortion in combination with another drug, misoprostol. Medication abortions accounted for nearly two-thirds of all abortions in the U.S. in 2023, the last year for which statistics are available. The current dispute is similar to one that reached the court three years ago. Lower courts then also sought to restrict access to mifepristone, in a case brought by physicians who oppose abortion. They filed suit in the months after the court overturned Roe. The Supreme Court blocked the 5th Circuit ruling from taking effect over the dissenting votes of Alito and Justice Clarence Thomas. Then, in 2024, the high court unanimously dismissed the doctors' suit, reasoning they did not have the legal right, or standing, to sue. In the current dispute, mainstream medical groups, the pharmaceutical industry and Democratic members of Congress have weighed in cautioning the court against limiting access to the drug. Pharmaceutical companies said a ruling for abortion opponents would upend the drug approval process. The FDA has eased a number of restrictions initially placed on the drug, including who can prescribe it, how it is dispensed and what kinds of safety complications must be reported. Despite those determinations, abortion opponents have been challenging the safety of mifepristone for more than 25 years. They have filed a series of petitions and lawsuits against the agency, generally alleging that it violated federal law by overlooking safety issues with the pill. President Donald Trump's administration has been unusually quiet at the Supreme Court. It declined to file a written brief recommending what the court should do, even though federal regulations are at issue. The case puts Trump's Republican administration in a difficult place. Trump has relied on the political support of anti-abortion groups but has also seen ballot question and poll results that show Americans generally support abortion rights. Both sides took the silence as an implicit endorsement of the appellate ruling. Alito is both the justice in charge of handling emergency appeals from Louisiana and the author of the 2022 decision that declared abortion is not a constitutional right and returned the issue to the states. |
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Man who sprayed vinegar at Rep. Ilhan Omar during town hall pleads guilty to assault
Opinions |
2026/05/09 05:32
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A man who sprayed vinegar at Democratic U.S. Rep. Ilhan Omar at a town hall meeting in Minneapolis pleaded guilty to assault Thursday in federal court after reaching a deal with prosecutors. Anthony Kazmierczak, 55, is awaiting sentencing. Kazmierczak, dressed in bright orange jail clothing, gave only a fragmentary explanation Thursday of the Jan. 27 assault, which came as the city was already on edge after the fatal shootings of two people by federal agents during a White House crackdown that brought thousands of immigration officers to Minnesota. After being asked what he remembered of the assault, he told U.S. District Judge Joan N. Ericksen: "It's fuzzy." Kazmierczak, who was in the audience during Omar's January town hall, leaped up when the representative called for the ouster of then-Homeland Security Secretary Kristi Noem. He sprayed liquid from a syringe as court documents say he shouted that Noem would not resign and that Omar was "splitting Minnesota apart." Security officers tackled Kazmierczak, who told them the liquid was vinegar. "I didn't want anybody to think she was in danger," he said Thursday. Omar, who was not injured, continued with the town hall after the arrest. Authorities later determined he'd sprayed her with a mixture of water and apple cider vinegar. He was charged with assaulting a U.S. officer. Court documents say Kazmierczak, a critic of Omar who has made online posts supportive of President Donald Trump, told a close associate several years ago that "somebody should kill" her. Omar, a refugee from Somalia, has long been a target of Trump's anti-immigrant rhetoric. After she was elected seven years ago, Trump said she should "go back" to her home country. He has described her as "garbage" and said she should be investigated. Trump has also accused Omar of staging the attack, telling ABC News, "She probably had herself sprayed, knowing her." On Thursday, Kazmierczak told Erickson that he was being treated for Parkinson's disease, and that he'd been diagnosed with ADHD or attention-deficit/hyperactivity disorder, and a form of post-traumatic stress. After his arrest, his then-attorney said that he did not have access to the medications he needed for Parkinson's and other serious conditions. Minnesota court records show that Kazmierczak, who was convicted of felony auto theft in 1989, has been arrested multiple times for driving under the influence and has had numerous traffic citations. There are also indications he has had significant financial problems, including two bankruptcy filings. In social media posts, Kazmierczak had criticized former President Joe Biden and referred to Democrats as "angry and liars." Trump wants the U.S. to be "stronger and more prosperous," he wrote. Threats against members of Congress have increased in recent years, peaking in 2021 following the Jan. 6 attack on the U.S. Capitol by a mob of Trump supporters before dipping slightly, only to climb again, according to the most recent figures from the U.S. Capitol Police. |
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