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Supreme Court to consider Louisiana's non-unanimous juries
Headline Legal News | 2019/03/18 16:48
The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.

The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.

Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.

The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.

The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall.


Veterans court may be collateral damage in immigration fight
Legal Marketing News | 2019/03/15 16:50
Three decades ago, Lori Ann Bourgeois was guarding fighter jets at an air base. After her discharge, she fell into drug addiction. She wound up living on the streets and was arrested for possession of methamphetamine.

But on a recent day, the former Air Force Security Police member walked into a Veterans Treatment Court after completing a 90-day residential drug treatment program. Two dozen fellow vets sitting on the courtroom benches applauded. A judge handed Bourgeois a special coin marking the occasion, inscribed with the words “Change Attitude, Change Thinking, Change Behavior.”

The program Bourgeois credits for pulling her out of the “black hole” of homelessness is among more than three dozen Oregon specialty courts caught in a standoff between the state and federal government over immigration enforcement.

The Trump administration in 2017 threatened to withhold law enforcement grants from 29 cities, counties or states it viewed as having “sanctuary” policies that limit cooperation with federal immigration agents. Today, all those jurisdictions have received or been cleared to get the money, except Oregon, which is battling for the funds in federal court.

The Veterans Treatment Court in Eugene and 40 other specialty courts, including mental health and civilian drug programs, risk losing all or part of their budgets, said Michael Schmidt, executive director of Oregon’s Criminal Justice Commission, which administers the money.

The commission has managed to keep the courts funded through July, Schmidt said. Unless the Trump administration relents or is forced by court order to deliver the money, or the Oregon Legislature comes up with it, the commission must make “horrible, tough decisions” about where to make the cuts, Schmidt said.

Speaking in her small office in the Eugene courthouse, specialty courts coordinator Danielle Hanson said if the veterans court budget is cut, the vets would have to start paying for drug treatment, and they would be deprived of housing resources and travel funds to go to residential treatment facilities as far as 330 miles (530 kilometers) away. Some veterans might even be turned away.


Detained Saudi women's rights activists brought to court
Headline Legal News | 2019/03/14 16:53
Women's rights activists in Saudi Arabia appeared in a closed-door court hearing Wednesday on unknown charges after being detained in a crackdown last year, making their first appearance before a judge in a case that has sparked international outrage.

The arrests came just before Saudi Arabia began allowing women to drive, something women's rights activists had been demanding for years. The arrests showed that King Salman and his 33-year-old son, Crown Prince Mohammed bin Salman, are willing to crack down on any opposition even while courting the West.

It also was sandwiched between the mass arrest of businessmen in what authorities said was a campaign against corruption, and the killing of Washington Post columnist Jamal Khashoggi at the Saudi Consulate in Istanbul.

Saudi authorities did not respond to requests for comment Wednesday, and Saudi state media did not immediately report on the hearing. Authorities barred Western diplomats and journalists from the hearing in Riyadh, a person with knowledge of the hearing told The Associated Press. The person spoke on condition of anonymity for fear of reprisal.


Ohio Republicans defending state congressional map in court
Headline Legal News | 2019/03/11 12:36
Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.

A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.

Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.

Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio.



Case about indigent drivers and drivers' licenses in court
Headline Legal News | 2019/03/08 12:36
A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.

Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification.

The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor.

The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.

They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.



Ex-Illinois Rep. Aaron Schock to appear in court in Chicago
Court Line News | 2019/03/07 12:55
Former Illinois Rep. Aaron Schock is scheduled to appear in court for the first time since the U.S. Supreme Court declined to get involved in his corruption case.

A federal judge in Chicago set a Wednesday hearing for the 37-year-old, who once was a rising star of the Republican Party.

Schock resigned from Congress in 2015 amid scrutiny of his spending, including redecorating his office in the style of the "Downton Abbey" TV series. He was indicted in 2016 on 22 counts, i ncluding wire fraud and falsification of election commission filings.

Schock has pleaded not guilty. His attorneys argued the case should be dismissed, saying his prosecution violated separation-of-powers clauses. The Supreme Court declined last month to consider it.

The case was originally filed in central Illinois. The Justice Department transferred it to prosecutors in Chicago last year.


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