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Ohio's top court declines to change rules on plea deals
Legal News |
2016/02/01 21:13
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Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.
Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.
"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.
Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.
The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.
Donnelly said Thursday he was disappointed but would continue to push the issue.
Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.
More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence. |
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High court raises doubts over Puerto Rico sovereignty
Legal PR |
2016/01/30 21:12
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The Supreme Court on Wednesday raised doubts about whether Puerto Rico should be treated as a sovereign state with powers that go beyond its status as a territory of the United States.
The justices considered the question during arguments in a criminal case involving two men who claim that Puerto Rico and the federal government can't prosecute them for the same charges of selling weapons without a permit.
The double jeopardy principal prevents defendants from being tried twice for the same offense. But there is an exception that allows prosecution under similar state and federal laws, since states are considered separate sovereigns.
Several justices said Puerto Rico's power to enforce local laws really comes from Congress, which in theory could take it away.
The case has broad political and legal implications that could affect Puerto Rico on issues ranging from taxation and bankruptcy to federal benefits. It comes as the high court prepares to hear a separate dispute later this year over whether the financially struggling Puerto Rican government can give its municipalities the power to declare bankruptcy. |
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High court seems skeptical of mandatory public union fees
Court Watch |
2016/01/21 21:12
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The Supreme Court appears ready to deliver a major setback to American unions as it considers scrapping a four-decade precedent that lets public-sector labor organizations collect fees from workers who decline to join.
During more than an hour of oral arguments Monday, the high court's conservative justices seemed likely to side with a group of California teachers who say those mandatory fees violate the free-speech rights of workers who disagree with a union's positions.
Labor officials fear unions' very existence could be threatened if workers are allowed to get all the benefits of representation without at least paying fees to cover the costs of collective bargaining. The case affects more than 5 million workers in 23 states and Washington, D.C.
But Justice Anthony Kennedy rejected arguments by lawyers for the state of California and the California Teachers Association that the current fee system is needed to prevent non-members from becoming "free riders" ? workers who reap the rewards of union bargaining and grievance procedures without paying for it.
"The union basically is making these teachers compelled riders for issues on which they strongly disagree," Kennedy said, noting the political nature of bargaining issues like teacher salaries, merit promotions and class size. |
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High court rejects appeal over Homeland Security records
Court Line |
2016/01/10 21:12
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The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.
The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.
The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.
The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.
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Florida asks court to deny inmate's execution-delay request
Legal Focuses |
2016/01/10 21:12
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Florida has asked the state's high court to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that Florida's procedure for imposing the death penalty is illegal.
In a brief filed Thursday, Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases.
Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences.
Attorneys for convicted killer Michael Lambrix cited the ruling in their request for a new sentencing hearing for him.
Lambrix is scheduled to be executed by lethal injection on Feb. 11.
It wasn't clear when the court would rule.
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