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Woman at center of 1961 Supreme Court case dies
Court News |
2014/12/11 11:48
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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Former Assistant Wayne County Prosecutor
Court News |
2014/12/05 15:18
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Ginsburg back at home, expected at court next week
Court News |
2014/12/01 16:02
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Supreme Court Justice Ruth Bader Ginsburg has returned home after undergoing an operation to implant a heart stent to clear a blocked artery and is expected to hear oral arguments on Monday.
Ginsburg, 81, experienced discomfort during exercise with a personal trainer Tuesday and was rushed to MedStar Washington Hospital Center. The stent procedure came after doctors discovered a blockage in her right coronary artery, court spokeswoman Kathy Arberg said.
Stents, a kind of mesh scaffolding, are inserted into about half a million people in the U.S. each year to prop open arteries clogged by years of cholesterol buildup. Doctors guide a narrow tube through a blood vessel in the groin or an arm, inflate a tiny balloon to flatten the blockage and then push the stent into place.
Ginsburg has had a series of health problems, including colorectal cancer in 1999 and pancreatic cancer in 2009. She was hospitalized after a bad reaction to medicine in 2009 and suffered broken ribs in a fall two years ago. Still, the court's oldest justice has not missed any time on the job since joining the high court.
Appointed by President Bill Clinton in 1993, she has rejected suggestions from some liberals that she should step down and give President Barack Obama a chance to name her successor. She leads the court's liberal wing.
Her hospitalization just three weeks after elections handed Republicans control of the Senate raised anew the question of whether Obama would be able to appoint a like-minded replacement if she were to retire.
Ginsburg has repeatedly rebuffed suggestions that it's time to step down. She remains one of the court's fastest writers and has continued to make frequent public appearances around the country. |
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Indian guru in deadly standoff due in court
Court News |
2014/11/21 16:46
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An Indian guru at the center of a deadly standoff with police was set to appear in court Friday after he was arrested at his sprawling ashram for refusing to answer murder charges.
Nearly 15,000 supporters of the 63-year-old Sant Rampal were evacuated from his compound in Haryana state before police took him away in an ambulance Wednesday. Previous attempts by riot police to enter the fortified estate, about 175 kilometers (110 miles) from New Delhi, had resulted in deaths and injuries as Rampal's followers, some of whom were armed, fought back.
The self-styled guru was taken to Chandigarh, the state capital, to appear before a court Friday.
He has repeatedly ignored orders to answer a 2006 murder charge against him. Police have filed additional charges against him and some of his supporters, including sedition, murder, criminal conspiracy and detaining people illegally in his fortress, said Jawahar Yadav, a Haryana state government spokesman.
More than 400 people have been arrested and about 200 others injured, including security forces, during the dayslong standoff.
The guru's followers on Wednesday handed over to police the bodies of four women who apparently died inside the 12-acre (5-hectare) complex. Another woman and an 18-month-old child died in a hospital after leaving the ashram.
The circumstances of the deaths were not clear and autopsies were being conducted. |
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Court reinstates whistleblower case at nuke site
Court News |
2014/11/11 14:51
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An appeals court reinstated a lawsuit filed by a whistleblower at the Hanford Nuclear Reservation who claims he was fired by a subcontractor after raising safety issues at the nation's most polluted nuclear weapons production site.
In its ruling Friday, the 9th U.S. Court of Appeals also said plaintiff Walt Tamosaitis is entitled to a jury trial.
The appeals court ruled that a lower court wrongly dismissed the case against the primary subcontractor on construction of a Hanford vitrification plant intended to deal with the most dangerous wastes, the Tri-City Herald reported.
"We are anxious to get into court as soon as we can," Tamosaitis' attorney, Jack Sheridan said.
Hanford, located near Richland, Washington, for decades made plutonium for nuclear weapons and now contains the nation's largest collection of radioactive wastes.
The lawsuit will continue with only URS Energy and Construction as a defendant. The 9th Circuit ruled that it had been appropriate to dismiss the U.S. Department of Energy from the lawsuit.
It's the first time a court of appeals has confirmed that whistleblowers are entitled to a jury trial, Sheridan said.
"It puts them on equal footing with other victims of discrimination," he said.
Tamosaitis contends the subcontractor removed him as the research and technology manager of the unfinished $12.2 billion vitrification plant project after he said more time was needed to resolve complex technical issues. Construction on the plant has since stopped because of technical and safety issues. |
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