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China releases prominent human rights lawyer on bail
Court Line News | 2016/08/02 16:06
China released a prominent human rights lawyer on bail amid protests Monday outside a northern city court, where supporters of other jailed lawyers and activists condemned the secrecy surrounding the government's yearlong campaign against legal activism.

The release of Wang Yu, who was detained last July, coincided with videos of an alleged confession by Wang posted on the websites of two Hong Kong media outlets in which she renounced her legal work and said "foreign forces" were using her law firm to undermine and discredit the Chinese government.

Wang's Beijing-based firm, Fengrui, has been at the center of a vast case in which dozens of lawyers and activists have been detained, questioned or charged with subversion since July last year.

Wen Donghai, a lawyer for Wang, told The Associated Press on Monday that he had learned from media reports that Wang had been released but had not seen her. Li Yuhan, another lawyer representing Wang, said Wang's mother did not know of her release.



Court reinstates rape charges despite delay in indictment
Court Line News | 2016/07/28 10:29
The Ohio Supreme Court on Wednesday reinstated rape and kidnapping charges against a Cleveland man who argued that a 20-year delay in indicting him was unconstitutional.
 
In a unanimous decision, the court also ordered an appeals court to reconsider the arguments of defendant Demetrius Jones using a different legal standard.

In a twist, the ruling in the closely watched case was praised by attorneys on both sides. Jones' lawyer said ordering the 8th Ohio District Court of Appeals to apply the different standard gives his client a new and stronger chance to fight the charges.

The state also applauded the decision after arguing that the dismissal of the charges by the appeals court last year created a legal precedent jeopardizing thousands of unsolved rapes being reinvestigated thanks to improved DNA testing.

"This ruling affirms law enforcement's ability to use new DNA technologies to bring criminals to justice," said Dan Tierney, a spokesman for Ohio Attorney General Mike DeWine.

At issue was the 2013 indictment of Jones on a rape charge based on evidence found when an old rape kit was tested. Jones was accused of raping a woman he knew at his mother's apartment in 1993, according to Ohio Supreme Court documents.

The woman identified Jones to police and at the hospital where a rape kit was obtained, Russell Bensing, Jones' attorney, said in a court filing last fall.

Cleveland police set the investigation aside after two unsuccessful attempts to interview the accuser the following week and never tried to locate Jones or his mother, Bensing said.

Jones was indicted in 2013, one day before the deadline for prosecuting a case that old. His attorneys successfully asked a judge to throw out the case because the state took too long, and last year the appeals court upheld the decision.



Monitor chosen to oversee Ferguson's police, court reforms
Court Line News | 2016/07/25 10:29
A federal judge on Monday chose a monitor team to oversee reforms of Ferguson's policing and court system, a process expected to cost the St. Louis suburb more than $1 million.

U.S. District Judge Catherine Perry announced that Squire Patton Boggs, a law firm based in Cleveland, was picked from four finalists to make sure reforms are adequate in Ferguson. City officials say the cost of the monitoring will not exceed $1.25 million over five years, or $350,000 for any single year.

The team will be led by Clark Ervin, who was inspector general for the U.S. State Department and Homeland Security before becoming a partner at Squire Patton Boggs.

A consent decree between the city and the U.S. Department of Justice, approved by Perry in April, calls for diversity training for police, outfitting officers and jail workers with body cameras, and other reforms.

"I'm excited that both the City of Ferguson and the Department of Justice have worked together to complete the process of choosing an Independent Monitor," Ferguson City Manager De'Carlon Seewood said in a statement. "This is a true testament that the collaboration between both parties had a mission and that is to do what's best for the Ferguson community and its police department."


Appeals court delay requested in ex-Virginia governor's case
Court Line News | 2016/07/22 10:30
Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.

The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.

McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.

The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.



Family files lawsuit against hospital and city in death
Court Line News | 2016/07/22 10:30
An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill.

Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his client is incompetent to stand trial.

Titusville, Florida, police say Owens entered Parrish Medical Center early Sunday and fatally shot 88-year-old patient Cynthia Zingsheim and employee Carrie Rouzer, who was sitting in Zingsheim's room. Owens has been charged with two counts of murder and is being held at the county jail.

Gutin says Owen's family had been trying desperately in recent weeks to get him long-term mental health care.

Gutin says he has no idea how Owens was able to get a gun.



Candidate filing begins Monday for appeals court seat
Court Line News | 2016/07/11 13:33
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



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