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Court: Lawsuit alleging coerced confessions can go to trial
Law News | 2018/02/04 23:43
A lawsuit that accuses Evansville police officers of violating three teenagers' constitutional rights by coercing confessions in the killing of a homeless man can proceed to trial, a federal appeals court has ruled.

A panel of the 7th U.S. Circuit Court of Appeals agreed there's enough evidence that officers deliberately coerced confessions from siblings William and Deadra Hurt in the death of 54-year-old Marcus Golike to warrant a civil trial.

"False confessions are a real problem ...," the judges wrote in their opinion, which describes the issue of whether police tactics are enough to make confessions involuntary "the ultimate legal question," The Evansville Courier & Press reported .

The suit filed in 2014 on behalf of William, Deadra and Andrea Hurt and their mother, Debbie Hurt, accuses detectives of threatening the teenagers, feeding them facts to coerce confessions and then ignoring evidence disproving those statements, and even manufacturing some evidence.

William Hurt was 18, Deadra Hurt 19 and Andrea Hurt 16 at the time of their arrests in the June 2012 killing of Golike, who was beaten, strangled and dumped in the Ohio River. Another teenager who was also arrested is not a party to the suit.

All charges in the case were ultimately dismissed against everyone but William Hurt, who refused a plea deal. A jury acquitted him of murder in February 2013.

Police began focusing on the teenagers after learning that Golike had visited the Hurt family before his death.

The suit's defendants include the city of Evansville, its police department, four city police detectives and their three supervisors at the time, one of whom is now deceased. The suit also names two Kentucky State Police detectives who were involved because Golike's body was found in their jurisdiction.

"At this juncture, the court has to take the facts in the light most favorable to the plaintiff, and then there is an issue for a jury or a judge to decide," said Keith Vonderahe, who's one of several attorneys representing the Evansville officers.


Judge admonishes victims' dad who charged at Nassar in court
Law News | 2018/02/01 22:33
A distraught father seething over sexual abuse suffered by three daughters tried to attack former sports doctor Larry Nassar in a Michigan courtroom Friday after a judge rejected his request to confront the "demon" in a locked room, a stunning rush that reflected the anguish felt by parents who trusted him with their children.

Randall Margraves was blocked by an attorney, tackled by sheriff's deputies and hauled out of court. He later apologized, saying he had lost control. Eaton County Judge Janice Cunningham said there was "no way" she would fine him or send him to jail under her contempt-of-court powers.

"I don't know what it would be like to stand there as a father and know that three of your girls were injured physically and emotionally by somebody sitting in a courtroom. I can't imagine that," the judge said.

Nonetheless, she added, it is "not acceptable that we combat assault with assault."

The incident occurred during the third and final sentencing hearing for Nassar, who has admitted to sexually assaulting girls under the guise of medical treatment. This case focuses on his work at Twistars, an elite gymnastics club southwest of Lansing.

Nassar, 54, already will spend the rest of his life in prison. He was sentenced last week to 40 to 175 years in prison for assaults at Michigan State University and his home and was ordered in December to spend 60 years in a federal prison for child pornography crimes.

Nassar pleaded guilty to molesting nine victims in Eaton and Ingham counties, but the courts have been open to anyone who says she was assaulted during his decades of work at Michigan State, Twistars and USA Gymnastics, which trains Olympians. More than 200 accusers so far have spoken or submitted statements in the two counties, and at least 80 percent have agreed to be publicly identified.

Margraves' dramatic move occurred after he listened to two of his daughters speak in court for 10 minutes. Lauren Margraves, a college student, said her parents were "filled with regret" because they took three daughters to see Nassar for sports injuries.

"I see the look in their faces and I know they want to be able to do something but they can't," she told Nassar. "The guilt they have will never go away. All this is because of you."

Her father then stepped up and asked the judge if she would grant him "five minutes in a locked room with this demon." Cunningham declined and also turned down his request for "one minute." That is when Randall Margraves rushed toward Nassar.

There were gasps and tears in the courtroom. Assistant Attorney General Angela Povilaitis turned to the gallery and told families to "use your words," not violence.


Analysis: Outside groups may factor in Arkansas court race
Law News | 2018/01/28 10:37
Arkansas Supreme Court Justice Courtney Goodson lost her bid to run the state's highest court two years ago after coming under fire from conservative groups that spent big on mailers and TV ads targeting her. Two years earlier, David Sterling was defeated in the race for the Republican attorney general nomination despite outside groups going after his rival in that race.

Now, the two are about to face off in what could wind up being another costly and heated fight for a state high court seat that could overshadow other races on the ballot this year. It could also turn into a proxy fight over the state's resumption of executions and the court's role in scaling back what had been an unprecedented plan to put eight men to death over an 11-day period.

Goodson quietly launched her campaign last week, with an adviser confirming that she planned to seek another term on the state's high court in the May judicial election. The same day, Sterling said he planned to challenge the incumbent jurist.

Neither candidate has laid out campaign arguments, but the past two election cycles offer some guide of what to expect. Goodson launched her bid for the chief justice seat ago vowing to represent "conservative values" on the court.

"The Supreme Court is supposed to represent your common sense, conservative values, to uphold the rule of law and to look out for your rights," Goodson said in a campaign video she posted in the fall of 2015.

A year earlier, Sterling was touting his conservative credentials in his campaign for attorney general and promised to use the office to protect Arkansans from "an overreaching federal government." Sterling lost in the runoff for the Republican nomination against Leslie Rutledge, who is now seeking re-election as the state's top attorney.



Thai court drops royal insult charges against academic
Law News | 2018/01/15 10:39
A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.

Sulak Sivaraksa was charged in October under the draconian lese majeste law that protects the monarchy from libel and defamation. The Bangkok military court had agreed to hear views from historians and experts before it decided to drop the charges for lack of evidence.

Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand's new king, Vajiralongkorn, for help in dropping the charges against him.

"I contacted many people for help but no one dared to. So I petitioned the king. If it weren't for His Majesty's grace, this case would not have been dropped," he said.

His case stems from a 2014 university lecture when he told the audience to "not fall prey to propaganda" and questioned whether King Naraesuan had really won the 1593 battle by defeating a Burmese prince in solo combat mounted on a war elephant. The story is one of Thailand's most celebrated historical feats and the date of the combat is marked each year with a military parade on Jan. 18.

Insulting the monarchy is punishable by three to 15 years in prison. The law in writing appears to only protect the king, queen, and heir apparent but in practice the rules are more widely interpreted.


Court seems to favor death row inmate in dispute with lawyer
Law News | 2018/01/13 10:40
The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.

The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.

Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial.

Supreme Court won't take case of ex-NY assembly speaker

The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.

The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.

Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.

The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.



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Court allows Pennsylvania to redraw ..
Court: Lawsuit alleging coerced conf..
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Judge admonishes victims' dad who ch..
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