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Appeals court won't reconsider ex-Virginia governor's case
Legal News |
2015/08/13 06:38
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A federal appeals court on Tuesday declined to review the case of former Virginia Gov. Bob McDonnell, letting his convictions on public corruption charges stand.
A three-judge panel of the 4th U.S. Circuit Court of Appeals had unanimously upheld McDonnell's convictions in July. In its brief order on Tuesday, the full 15-member court said it won't reconsider that panel's ruling.
Eight judges voted against rehearing McDonnell's case, and seven others "deeming themselves disqualified, did not participate," the order said.
A jury in September found McDonnell and his wife, Maureen, guilty of doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $165,000 in gifts and loans.
The former Republican governor, once widely considered a possible running mate for presidential candidate Mitt Romney, was convicted of 11 counts and was sentenced to two years in prison. His wife was sentenced to one year and one day on eight counts. Both have been free while they pursue separate appeals.
It's unclear whether Bob McDonnell will now be required to report to prison. He can still appeal his convictions to the U.S. Supreme Court.
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Texas man charged in killing of 8 set for court appearance
Attorney News |
2015/08/12 06:28
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A man charged with capital murder in the fatal shooting of a family of six children and two parents at their Houston home is set to make his first court appearance.
David Conley, who authorities say was previously in a contentious relationship with the mother, is due in Harris County court Monday. The 48-year-old Conley, who has a violent criminal history, is being held in jail without bond. He doesn't yet have an attorney.
The dead were identified as 40-year-old Valerie Jackson and her husband, 50-year-old Dewayne Jackson. The children killed include a 13-year-old believed to be Conley's son from his relationship with Valerie Jackson.
Authorities responded to the home Saturday after relatives requested a welfare check. They say after an hours-long standoff with Conley ended, they found all eight victims shot in the head.
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Juvenile court decision due in Slender Man stabbing case
Court Watch |
2015/08/10 07:05
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A pivotal decision is due this week in the case of two 13-year-old Wisconsin girls accused of stabbing a classmate to please online horror character Slender Man — keep them in adult court or move them into the juvenile system.
The stakes are enormous: Each girl faces a charge of attempted first-degree homicide in adult court and could spend up to 65 years in the state prison system if convicted. Should Waukesha County Circuit Judge Bohren move them into the juvenile system, they could be held for only five years and all records of the proceedings would be sealed, giving them a chance to restart their lives.
Bohren, due to rule Monday, faces thorny questions about how young is too young to face adult consequences for crimes. Defense attorneys for both girls argue their clients are mentally ill — one attorney says his client is a schizophrenic who still believes fictional characters such as Slender Man and Harry Potter truly exist — and will receive better treatment in the juvenile system. Prosecutors say transferring them out of adult court would depreciate the seriousness of the crime.
"It's obviously a very tough decision for him," said former Wisconsin Supreme Court Justice Janine Geske, who attended law school with Bohren. "They're very young. They clearly have some serious mental health issues. That pushes you toward putting them in juvenile court.
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Inmate challenge to death sentence goes back to trial court
Legal News |
2015/08/08 07:05
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A state death row inmate is going back to a north Mississippi courtroom to again fight for a new trial.
The Mississippi Supreme Court has ordered a Lowndes County judge to determine if the results of post-conviction DNA testing raise enough questions to justify a new trial for Eddie Lee Howard Jr. Howard, now 61, who was convicted and sentenced to death in the slaying of 84-year-old Georgia Kemp of Columbus. Evidence against him included bite marks on her body.
The Supreme Court, in the order signed Thursday by Chief Justice Bill Waller Jr., makes no specific mention of Howard's challenge to the bite mark evidence that the inmate argues is now widely discredited in legal circles.
Waller's order directs the trial court to hold a hearing to determine if Howard's arguments of newly discovered evidence including the results of DNA testing could "probably produce a different result or induce a different verdict if a new trial is granted."
The court's order does not disclose what the DNA testing revealed. Howard's attorneys argue in briefs that DNA results do not connect Howard to the crime.
Howard was convicted of raping and fatally stabbing Kemp in 1992. He was sentenced to death.
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Court: Lawsuit over Arkansas killing by cop may proceed
Court Line |
2015/08/07 07:05
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A federal appeals court said Thursday the family of a 67-year-old man shot to death after two off-duty police officers entered his Little Rock apartment without a warrant or an invitation can move forward with a lawsuit.
Eugene Ellison died Dec. 9, 2010. His family alleges Officer Donna Lesher and Detective Tabitha McCrillis, working as private security guards, unlawfully entered his home and that Lesher improperly used deadly force following an argument and scuffle.
Prosecutors declined to press charges, saying the officers' attempts to use non-lethal means to subdue Ellison had failed. The women remain on the force.
Thursday's decision by the 8th U.S. Circuit Court of Appeals in St. Louis did not address the merits of the case, only whether the officers could be sued along with the apartment complex that hired them. The three-judge panel said that, at this stage, courts were obligated to consider the case only from the Ellison family's perspective.
The officers have said they noticed through an open door that Ellison's apartment was in disarray and that when they asked if he was OK, Ellison responded with an ambiguous "What does it look like?"
"The apartment was very disheveled. ... The glass-topped coffee table was shattered in an area in front of Mr. Ellison," said Bill Mann, a deputy city attorney for Little Rock. "The manner in which Mr. Ellison spoke led them to be suspicious and wonder if he really was OK." |
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