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Man accused of killing Orlando officer defiant in court
Court News | 2017/01/17 23:56
A man suspected of fatally shooting a Florida police officer spoke out of turn and was defiant in an Orlando courtroom where he made an initial appearance on charges of killing his pregnant ex-girlfriend.

Forty-one-year-old Markeith Loyd told the judge Thursday morning that he plans to represent himself and said the charges against him were made up. The judge ordered Loyd held without bond.

Loyd's eye was bandaged and two officers flanked him as he stood at the podium wearing a bullet-proof vest. He was injured during his arrest Tuesday night following a weeklong manhunt.

Loyd faces multiple charges including first-degree murder, unlawful killing of an unborn child and attempted murder in the December death of Sade Dixon. He hasn't been charged in the death of Lt. Debra Clayton who was gunned down while she searched for him outside a Wal-Mart store Jan. 9.



Ohio's high court dismisses media lawsuit over bodycam video
Court News | 2016/12/22 16:55
The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.

In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.

News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.

In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.

"We conclude that he responded in a reasonable period of time," she said.

Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."

Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request.


Dems to use hearings on Trump picks to court working class
Court News | 2016/12/18 16:57
Determined to hold around two dozen Senate seats in 2018, Democrats will use the coming series of confirmation hearings to try to distinguish themselves from President-elect Donald Trump's billionaire nominees and convince working-class voters who elected him that he's not on their side.

While Democrats have little leverage to stop the Republican's picks in the Senate, they still plan a fight. To highlight what they say is the hypocrisy of Trump's campaign promise to be a champion for the economically struggling little guy, they'll focus on the nominees' wealth, ties to Wall Street and willingness to privatize Medicare, among other issues. In some cases, they'll seek to drag out the process by demanding more information and ensuring a full airing of potential conflicts of interest.

"We're going to give each of them a thorough examination to determine whether they'll actually stand up for workers against the special interests or rig the system even more," said incoming Senate Democratic Leader Chuck Schumer of New York, echoing some of Trump's own campaign rhetoric.

Democrats gave up their ability to block Trump's nominees in 2013, when then-Senate Majority Leader Harry Reid changed Senate rules and reduced the number of votes needed to end filibusters. Now in the majority, Republicans can confirm the nominees along partisan lines.

The limits of the Democratic minority have already been tested, as California Sen. Dianne Feinstein, who will be the top Democrat on the Senate Judiciary Committee in the new session, has repeatedly asked Judiciary Chairman Charles Grassley for more time to review documents ahead of Jan. 10-11 hearings for Sen. Jeff Sessions, Trump's choice for attorney general. Grassley, an Iowa Republican, has declined to delay the hearings.



Supreme Court upholds broad reach of bank fraud law
Court News | 2016/12/16 16:57
The Supreme Court is upholding the broad reach of a federal law prohibiting bank fraud.

The unanimous ruling on Monday came in the case of a California man who illegally siphoned about $307,000 out of a Taiwanese businessman's Bank of America bank account.

Justice Stephen Breyer rejected Lawrence Shaw's claim that the law applies only when a defendant intends to cheat the bank itself ? not a bank customer. Breyer said the bank has property interests in the customer's account and that Shaw misled the bank to steal the customer's money.

The justices sent the case back to a lower court to decide whether the jury instructions in Shaw's case were correct.


Nevada high court considering email public records question
Court News | 2016/12/04 23:51
Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.

The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between county commissioners and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.

The question focuses on whether the public has a right to government information contained on personal electronic devices and in personal email accounts.

Senior Washoe County District Court Judge Steven Kosach rejected the request earlier this year, ruling records on personal devices and accounts are outside the public agency's control and aren't covered under the Nevada Public Records Act.

The judge also found the communications were not official actions. But he acknowledged his ruling "may cause public employees to skirt the provision of the (public records law) by conducting business on their personal devices," the Las Vegas Review-Journal reported.

Barry Smith, director of the Nevada Press Association, said the lower court ruling allows the "electronic version of the old backroom deal."

"Officials could avoid the open-records law by conducting public business through their private phones and email accounts," Smith said.

In a brief filed Nov. 7 with the state high court, association attorney Luke Busby said the court's decision would provide "critical guidance" to public officials about access to public records.

In court filings, Busby noted that then-Commissioner Vida Keller said at the January 2014 commission meeting that she had contacted her colleagues outside the public meeting regarding the land-use change.

"As it turned out, Commissioner Keller and other members of the Lyon County Commissioners used their personal devices or email accounts to conduct official business," Busby said. "An otherwise public record does not lose public status simply because it was created, received or stored on a personal device or personal account."

A three-member panel of justices heard oral arguments in the case Sept. 14. It could be several months before a ruling is made.



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