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Appeals court upholds convictions in Ohio slavery case
Topics in Legal News |
2015/09/14 10:32
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A federal appeals panel has upheld the convictions and sentences of a couple charged with enslaving a mentally disabled woman in their northeast Ohio home for nearly two years through intimidation, threats and abuse.
The three-judge 6th U.S. Circuit Court of Appeals panel in Cincinnati agreed unanimously Tuesday that the federal charges were appropriate and that the prison sentences of at least three decades each were warranted.
A federal jury in Youngstown convicted Jessica Hunt and boyfriend Jordie Callahan last year on counts of forced labor, conspiracy to defraud the U.S. and conspiracy to illegally obtain prescription drugs.
Among other challenges in their appeal, the couple contended that the case should have been a state matter since federal forced labor prosecutions typically involve people brought to the U.S. for domestic servitude or sex trade.
The woman "was compelled to perform domestic labor and run errands for defendants by force, the threat of force, and the threat of abuse of legal process," Judge Eric Clay wrote.
"Because this is a distinct harm that is a matter of federal concern pursuant to the Thirteen Amendment, it matters little that defendants' conduct may have also violated various state laws," Clay wrote, citing the U.S. constitutional amendment that abolished slavery.
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Ferguson panel recommends police, court reform, transparency
Topics in Legal News |
2015/09/11 10:32
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A reform panel formed after the Ferguson police shooting of Michael Brown is recommending the consolidation of the metro area's police departments and municipal courts, a newspaper reported Monday.
Gov. Jay Nixon and others have scheduled an afternoon news conference to release details of the Ferguson Commission report that has been 10 months in the making. But the St. Louis Post-Dispatch received a copy of the commission's 198-page report ahead of its official release.
"The law says all citizens are equal," the report's introduction states. "But the data says not everyone is treated that way."
The events in Ferguson raised concerns about police departments and municipal courts in that north St. Louis County town, but also elsewhere in the region. The departments and courts have been accused of targeting minorities to raise revenue, leading to the mistrust that was a key component of the unrest following Brown's death.
In addition to court and police department consolidation, the commission recommends changes in several other areas to address social and economic divisions highlighted since the shooting. The 16-person commission suggested establishing a statewide, publicly accessible database to track police shootings and developing a statewide plan to deal with mass demonstrations that focuses on preserving life.
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Federal court: Anti-Muslim group can't post ads on buses
Topics in Legal News |
2015/08/13 09:12
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An anti-Muslim group cannot post ads on buses in Washington state showing photos of wanted terrorists and wrongly claiming the FBI offers a $25 million reward for one of their captures, a federal appeals court ruled Wednesday.
A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected a claim by the American Freedom Defense Initiative that King County violated its First Amendment right to free speech by refusing to post the advertisements on buses.
The group — whose leader, Pamela Geller, organized the Prophet Muhammad cartoon contest in Texas that exploded in violence in May — has similar bus ads in other cities and has gone to court with mixed results after some transportation officials rejected them.
David Yerushalmi, the group's lawyer, said it will appeal Wednesday's ruling to the U.S. Supreme Court.
The American Freedom Defense Initiative sought to display an ad in Washington state called "Faces of Global Terrorism," which included 16 photographs of militants with their names listed and the statement "AFDI Wants You to Stop a Terrorist." It said the FBI offers a $25 million reward to capture one of the people shown.
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Texas inmate executed for killing police officer in chase
Topics in Legal News |
2015/08/11 09:12
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Texas inmate Daniel Lee Lopez got his wish Wednesday when he was executed for striking and killing a police lieutenant with an SUV during a chase more than six years ago.
The lethal injection was carried out after the U.S. Supreme Court rejected appeals from his attorneys, who disregarded Lopez's desire to die and disagreed with lower court rulings that found Lopez was competent to make that decision.
"I hope this execution helps my family and also the victim's family," said Lopez, who spoke quietly and quickly. "This was never meant to be, sure beyond my power. I can only walk the path before me and make the best of it. I'm sorry for putting you all through this. I am sorry. I love you. I am ready. May we all go to heaven."
As the drugs took effect, he took two deep breaths, then two shallower breaths. Then all movement stopped.
The roar of revving motorcycles on the street outside the Huntsville prison, from a group of bikers supporting police, could be heard as Lopez spoke, along with rumbles of intermittent thunder.
He was pronounced dead at 6:31 p.m. CDT — 15 minutes after the lethal dose began.
Lopez, 27, became the 10th inmate put to death this year in Texas, which carries out capital punishment more than any other state. Nationally, he was the 19th prisoner to be executed.
Lopez's "obvious and severe mental illness" was responsible for him wanting to use the legal system for suicide, illustrating his "well-documented history of irrational behavior and suicidal tendencies," attorney David Dow, who represented Lopez, had told the high court. Dow also argued the March 2009 crime was not a capital murder because Lopez didn't intend to kill Corpus Christi Lt. Stuart Alexander.
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Illinois high court: Comcast must reveal anonymous commenter
Topics in Legal News |
2015/06/20 15:56
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The Illinois Supreme Court has affirmed a lower court opinion ordering Comcast Cable Communications to identify a subscriber who posted an anonymous message suggesting a political candidate molests children.
The court said Thursday that the internet service provider must identify the subscriber who commented on a 2011 article in the Freeport Journal Standard about Bill Hadley's candidacy for the Stephenson County board.
The commenter, who used the online name "Fuboy," wrote that "Hadley is a Sandusky waiting to be exposed" because he can see an elementary school from his home. The comment was an apparent reference to former Penn State football coach Jerry Sandusky who was convicted of child sex abuse in 2012.
Hadley filed a defamation lawsuit against the commenter and subpoenaed Comcast demanding that it identify the subscriber.
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