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Use new drug sentencing law in crack cases
Court News |
2012/06/21 12:08
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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Supreme Court says tribes must be fully reimbursed
Court News |
2012/06/18 12:59
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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. |
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Court seems split on double jeopardy question
Court News |
2012/02/23 09:46
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The Supreme Court seemed divided Wednesday on whether to allow an Arkansas man to be retried on murder charges even though a jury forewoman said in open court that they were unanimously against finding him guilty.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime. |
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Ex-Calif. teacher in court on molestation charges
Court News |
2012/02/01 09:37
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The children at Miramonte Elementary School never complained about their third-grade teacher. Not, authorities said, when he blindfolded them, not when he put tape over their mouths or even placed live cockroaches on their faces.
He told them it was a game and then photographed them, creating images that would eventually lead to his arrest, investigators said of Mark Berndt, who is scheduled to be arraigned Wednesday on charges that he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010. He has hired a lawyer and has made no statements to authorities, said Los Angeles County sheriff's spokesman Steve Whitmore.
The investigation began when a film processor found Berndt's photos more than a year ago. Since the discovery, the school district fired Berndt and police put him under surveillance.
"If it wasn't for the film processor, this could still be continuing today," said sheriff's Lt. Carlos Marquez.
Berndt was arrested Monday at his home in Torrance and was being held on $2.3 million bail.
Some parents picking up their pre-kindergarteners at the school on Tuesday complained that officials at the school in South Los Angeles should have notified them when the photos were found.
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Judges skeptical of Texas in redistricting case
Court News |
2012/02/01 09:37
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Three federal judges weighing the legality of Texas' new political maps reacted with skepticism Tuesday when the state's lawyer suggested the intent of the redrawn boundaries was to maximize the influence of Republicans, not to minimize the influence of minorities.
The U.S. Justice Department and a coalition of minority groups contend the legislative and congressional maps the Texas Legislature drew last year recut districts in a way meant to dilute the state's burgeoning minority voting population. They say the maps violate a section of the Voting Rights Act that requires states with a history of racially discriminatory voting practices to get so-called "pre-clearance" from the Justice Department before making electoral changes.
Texas is gaining four congressional seats this year due to population readjustments made in the 2010 census. That has increased the redistricting stakes, with Hispanics and Democrats often clashing with the GOP-controlled Legislature about how the lines should be drawn.
John Hughes, a lawyer for Texas, which is seeking to keep the maps in place, said during closing arguments before a Washington federal court panel that the maps were the result of partisan gerrymandering that didn't violate federal law. He argued that "a decision based on partisanship" is not based on race, even if it results in minority voters having less political influence. |
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