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Etan Patz suspect's court date postponed to Oct. 1
Legal News | 2012/06/21 12:00
Prosecutors made it clear Wednesday they are still investigating and assessing a case against a man charged in a notorious 1979 child disappearance, agreeing with his lawyer to postpone a court date for three months for both sides to keep gathering information.

Pedro Hernandez had been due in court Monday as doctors evaluate his mental fitness for trial in the murder case surrounding Etan Patz, one of the first missing children whose picture ever appeared on a milk carton. But the Manhattan district attorney's office said Wednesday that both sides had agreed to put off Hernandez's appearance to Oct. 1 "to allow all parties to proceed with their investigations in a measured and fair manner."

Hernandez's lawyer, Harvey Fishbein, declined to comment.

Postponing court dates is far from unusual. But the three-month timeframe appears to allow plenty of time for both sides to see what information might be available to strengthen — or weaken — a court case that arose from a confession from a man who has struggled with mental illness and hallucinations, according to his lawyer and family.


Supreme Court says tribes must be fully reimbursed
Court Line News | 2012/06/18 12:51
The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.

The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.

The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.

Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented.


Penn State: Court should dismiss Spanier's lawsuit
Legal News | 2012/06/15 10:53
Penn State is asking a judge to dismiss a lawsuit filed against the university by its former president.

Graham Spanier sued May 25 to obtain old emails that he says are necessary to respond to Penn State's child sex-abuse probe.

Documents filed by Penn State on Thursday in Centre County court also argue that Spanier should have first requested the emails under the state's Right-to-Know law.

Penn State is conducting an internal investigation of how the university handled child molestation allegations against former assistant football coach Jerry Sandusky. Sandusky is currently on trial and has denied wrongdoing.


UK top court rejects Assange bid to reopen case
Topics in Legal News | 2012/06/14 10:01
Britain's Supreme Court rejected WikiLeaks chief Julian Assange's bid to reopen his extradition case on Thursday, meaning the controversial anti-secrecy campaigner could be sent to Sweden by the end of the month.

Assange is wanted for questioning in Sweden after two women accused him of sexual misconduct during a visit to the country in mid-2010. The women's lawyer, Claes Borgstrom, told The Associated Press the ruling Thursday was "an obvious and expected decision that has been delayed for too long."

In a brief, five-point judgment, the court rejected arguments that Assange's legal team hadn't been given the chance to properly cross-examine the evidence that justices relied on to deny the Australian's appeal against extradition.

The development effectively exhausts Assange's legal options in Britain, where he has been fighting the extradition demand since late 2010. Assange could still apply to the European Court of Human Rights in Strasbourg, but legal experts say the 40-year-old stands little chance there.


Ariz. gov. orders training ahead of court decision
Legal News | 2012/06/13 15:21
Arizona's governor on Tuesday ordered a state board to redistribute a training video on the state's controversial immigration law to all law enforcement agencies.

The move comes ahead of an expected ruling from the U.S. Supreme Court this month on the law, which was signed by Gov. Jan Brewer in 2010.

Brewer said in a statement Tuesday that she wants to make sure officers are prepared if the court upholds the law.

Parts of the law blocked from taking effect include a provision requiring police to question people's immigration status while enforcing other laws if there's a reasonable suspicion they're in the country illegally.

The Arizona Peace Officer Standards and Training Board's video outlines factors that constitute reasonable suspicion that someone is in the country illegally, including language, demeanor and foreign-vehicle registration.


Court denies Loughner's request for rehearing
Legal News | 2012/06/09 00:08
An appeals court rejected a request by lawyers for the man accused of shooting former Rep. Gabrielle Giffords to rehear their arguments over their mentally ill client's forced medication with psychotropic drugs.

Attorneys for Jared Lee Loughner had asked the 9th U.S. Circuit Court of Appeals for a rehearing after the court in March denied their request to halt their client's forced medication.

The court on Tuesday denied the request to hear the appeal again.

Loughner has pleaded not guilty to 49 charges stemming from the January 2011 shooting in Tucson that killed six people and wounded former U.S. Rep. Gabrielle Giffords and 12 others.

The trial court judge on the case has set a June 27 hearing in Tucson to consider whether Loughner is mentally fit to stand trial.



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