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Court sets aside 2 of 4 Casey Anthony convictions
Attorney News |
2023/01/29 10:31
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A Florida appellate court on Friday set aside two of the four convictions Casey Anthony faced for lying to detectives during the investigation into her missing 2-year-old daughter. Judges on the 5th District Court of Appeals agreed with Anthony's attorneys that two of the charges constituted double jeopardy, or being convicted or punished more than once for the same crime. "We cannot conclude that the Legislature intended to authorize separate punishment for each false statement made during a single interview," the judges said in their ruling. Anthony was acquitted of killing Caylee in 2011. Jurors convicted her of four counts of lying to detectives, and her attorneys appealed those convictions. Anthony was sentenced to time served for the misdemeanors. She was sentenced to a year of probation after her release from jail for an unrelated case. Her whereabouts have been kept secret since she was released from state supervision last year. Jeff Ashton, one of the prosecutors who tried Anthony and who was recently elected State Attorney in the Orlando area, said in a statement that he expected the case would be considered closed once the trial court drops the two counts. |
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Alabama prison staff shortage worsens despite court order
Headline Legal News |
2023/01/26 10:29
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A federal judge said Friday Alabama prisons remain critically understaffed, with court filings showing the number of officers in state lockups has continued to drop despite a court order to increase numbers.
The prison system has lost more than 500 security staff employees over the last 18 months, according to court filings.
“We had horrendous understaffing in this department and something has to be done,” U.S. District Judge Myron Thompson said during a status conference in the long-running lawsuit over prison health care.
In 2017, Thompson found that mental health care in Alabama prisons is so inadequate that it violates the U.S. Constitution’s ban on cruel and unusual punishment. He said understaffing is one of the root issues and ordered the state to increase the number of corrections officers.
William Van Der Pol, a lawyer representing inmates in the lawsuit, told Thompson that Alabama has fewer correctional officers than when the litigation began or at any point where they could find comparative numbers.
The state has used pay raises and recruitment efforts to boost officer numbers, but has been hindered by a tight labor market, Bill Lunsford, a lawyer for the state argued.
Thompson asked the two sides to compare current staffing levels to what they were in 2014 when the case was filed.
Van Der Pol, an attorney with the Alabama Disabilities Advocacy Program, told Thompson that based on available numbers the prison system is at its “lowest number in history” for officers working at major facilities. |
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Appeals court upholds lobbyist's conviction
Headline Legal News |
2023/01/24 10:31
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A federal appeals court on Friday refused to overturn the conviction of the only lobbyist to go to trial on charges of bribing public officials related to the Jack Abramoff scandal. Kevin Ring's conviction was upheld by the U.S. Circuit Court of Appeals for the District of Columbia, which called his arguments on appeal "weighty," but not enough to overturn his conviction and sentence of 20 months in prison. Ring got one of the stiffest terms among the 21 defendants in the investigation. Ring was the only lobbyist defendant to go to trial rather than reach an agreement with the government to plead guilty and cooperate. All the other lobbyists and most of the public officials charged cooperated with prosecutors and received plea deals, most of which did not include prison terms. Abramoff, the ringleader, pleaded guilty and was sentenced to four years in prison. Ring, who worked under Abramoff, was convicted of giving meals and event tickets to public officials with an intent to corrupt them. Trial Judge Ellen Huvelle allowed evidence of legal campaign contributions, which prosecutors said showed how Ring gained access to public officials. But Huvelle also told jurors they could not consider the contributions as part of the "illegal stream of benefits" Ring was charged with providing officials. Ring complained that Huvelle overstepped by allowing the legal contributions as evidence. But the appeals court refused to overrule her. |
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Ohio death row inmate resentenced, could get parole
Opinions |
2023/01/22 23:34
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An Ohio prison inmate who has spent nearly four decades on death row in the murder of a convenience store clerk has been resentenced to a term that could allow his release on parole.
Lucas County Judge Stacy Cook vacated Gregory Esparza’s death sentence and imposed a new term of 30 years to life with credit for time served, The (Toledo) Blade reported. Two months ago, Cook had declared capital punishment unconstitutional in the case because prosecutors had failed to disclose evidence in his original trial.
“God is good for everyone,” Esparza said to relatives Friday as he was escorted from the courtroom back to the county jail.
Esparza, now 60, was convicted in 1984 of aggravated murder and aggravated robbery with gun specifications in the February 1983 death of Melanie Gerschutz. The 38-year-old wife and mother was working the cash register at Island Variety in East Toledo when she was shot during a robbery of $110 from the register.
Esparza’s initial appeals were denied but a public records request in 1991 turned up a large number of police reports, interviews, and other documents never given to his defense attorneys. A federal appeals court in 1995 overturned the death sentence citing a “defective indictment,” but the U.S. Supreme Court reversed the decision. A 2016 appeal was denied on the grounds that federal courts had assessed the 1991 evidence, but a state appellate court later said no court had yet addressed the 1991 evidence in the context of capital punishment. |
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Protasiewicz leads in money race for Wisconsin Supreme Court
Court Watch |
2023/01/18 22:58
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Milwaukee County Circuit Judge Janet Protasiewicz raised more money over the last six months of 2022 than her three rivals combined in the pivotal race that will determine majority control of the Wisconsin Supreme Court.
Protasiewicz along with Dane County Circuit Judge Everett Mitchell are running as liberal candidates in the race. Waukesha County Circuit Judge Jennifer Dorow and former Wisconsin Supreme Court Justice Dan Kelly are the conservative candidates.
The top two vote-getters in the Feb. 21 primary will advance to the April 4 election. The winner replaces conservative Justice Patience Roggensack, who is retiring.
Races for the Wisconsin Supreme Court are officially nonpartisan, but candidates for years have aligned with either conservatives or liberals as the contests have become expensive partisan battles. The conservative-controlled court for more than a decade has issued consequential rulings in favor of Republicans, with major cases looming that could determine the future of abortion laws, redistricting and rules of elections.
The candidates and outside interests that have promised to spend millions on the race have been relatively quiet up to this point, more than a month before the primary. But those on both sides have made clear they see the race as crucial in the battleground state, with whoever winning determining ideological control of the court heading into the 2024 presidential race and at least a year after.
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Canadian kills 2 in Philippine court, is shot dead
Legal Topics |
2023/01/16 10:32
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A Canadian man facing charges of illegal possession of firearms opened fire in a Philippine courtroom Tuesday, killing two people and wounding a prosecutor before police fatally shot him, officials said. The suspect, John H. Pope, appeared in court in central Cebu city, where he resided, to face the charges when he pulled out a gun and shot a lawyer and a physician who filed a case against him, police said. He then fired at a prosecutor in the hallway of the building before responding police fatally wounded him, said Cebu police chief Mariano Natuel. Regional police director Marcelo Garbo said Pope ignored orders to surrender and tried to fire at police. Police said they were investigating Pope's background. Local media mentioned Pope in 2011, when he was held by police on charges of illegal possession of firearms. The same physician who was killed in Tuesday's shooting accused Pope, his neighbor, of brandishing a weapon and threatening him and other residents in their condominium. Pope was quoted as saying at the time that the pistol he was carrying was for self-defense. Apart from illegal weapons possession, he was also charged with malicious mischief and grave threats. |
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Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
Court News |
2023/01/11 22:10
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Former Louisiana Democratic Party leader Karen Carter Peterson, who resigned from the state Senate last year year citing depression and a gambling addiction — and later pleaded guilty to federal wire fraud — was sentenced on Wednesday to 22 months in prison.
Peterson, who served in the Louisiana Legislature for more than 22 years, admitted in August to taking more than $140,000 in funds from her reelection campaign and from the state Democratic Party. The ex-lawmaker spent a “substantial amount” of that money on casino gambling, according to court documents.
Although the felony charge of federal wire fraud carries a maximum prison sentence of 20 years, U.S. District Judge Sarah Vance sentenced Peterson to significantly less, The Advocate reported.
“People trusted me and I breached that trust,” Peterson said in court, WDSU-TV reported.
At the sentencing, Peterson cried at the podium and repented for her criminal wrongdoing — apologizing to her constituents, family and friends.
Ahead of the sentencing, Peterson’s lawyers implored U.S. District Judge Sarah Vance to consider an alternative to prison — such as probation or home confinement.
They said her gambling addiction resulted in “diminished mental capacity,” which can qualify a defendant for a reduced sentence, according to court filings obtained by The Times-Picayune/The New Orleans Advocate. In addition, they pointed to her Christian faith, her acceptance of responsibility for the crimes and her participation in Gamblers Anonymous.
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