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Fate of thousands at stake in Massachusetts court arguments
Headline Legal News |
2015/01/08 21:10
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The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.
The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.
The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.
The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.
Dookhan was sentenced to at least three years in prison in 2013. |
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Idaho gay marriage fight appealed to Supreme Court
Court News |
2015/01/05 22:48
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Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage. |
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Argentine court says US fugitive can be extradited
Attorney News |
2015/01/05 22:48
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Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned. |
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Egypt court bans festival honoring Moroccan rabbi
Areas of Focus |
2014/12/31 16:53
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An Egyptian court has banned an annual festival in honor of Moroccan rabbi that was regularly attended by hundreds of Jewish pilgrims, mainly from Israel and Morocco.
After the 1979 peace treaty with Israel, Egypt began allowing organized trips to the tomb of Yaakov Abu Hatzira in the Nile Delta north of Cairo. The Culture Ministry declared the site an Egyptian monument.
The Administrative Court of Alexandria on Monday banned the visits and stripped the ministry's designation. It acted on a complaint filed by local residents who objected to the mingling of men and women and the consumption of alcohol at the festival.
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'Saved by the Bell' Actor Due in a Wisconsin Court
Headline Legal News |
2014/12/31 16:53
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Dustin Diamond, the actor who played Screech in the 1990s television show "Saved by the Bell," is expected to appear in a Wisconsin courtroom.
Diamond is accused of stabbing a man during a bar fight on Christmas Day in Port Washington, where he currently lives. A criminal complaint charges Diamond with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon.
A hearing is scheduled Monday afternoon in Ozaukee (oh-ZAH'-kee) County Circuit Court.
The criminal complaint says Diamond and his fiancee got into a tussle with two men and a woman at the Grand Avenue Saloon on Thursday night.
Diamond told police he accidentally stabbed one of the men while trying to defend his fiancee. The man was not seriously injured. Police say officers recovered a switchblade. |
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Woman at center of 1961 Supreme Court case dies
Court News |
2014/12/11 19:01
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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Michigan Defense Lawyer
Attorney News |
2014/12/11 19:01
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The attorneys at the Davis Law Group, PLLC are former prosecutors who have dealt with a wide variety of cases, from minor traffic stops to homicide. As a criminal defense firm, we work in the Metro Detroit area, including Oakland, Wayne, and Macomb County.
We are entirely dedicated to achieving the best scenario for your case. With extensive trial experience in the Metro Detroit courtrooms, we are familiar with their practices. This gives our clients a huge boost in fighting their charges, altering their ultimate legal fate.
Our attorneys are solely concentrated on defending the constitutional rights of our clients no matter where they are. If you or someone you love has been charged with a crime, you understand what is at stake. We are the experienced firm that can create favorable results.
Call us any time for no-cost consultation, as we always have at least one attorney on call. We are here 24/7 to assist you, even to attend a consultation in jail. All major credit cards are accepted. |
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Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
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