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Court cites racial profiling in tossing gun charge
Law News |
2016/09/25 22:58
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men who flee when approached by police may be reacting to racial profiling rather than trying to hide criminal activity.
In its ruling, the Supreme Judicial Court found that Boston police had "far too little information" to stop Jimmy Warren after seeing him and another black man walking in Boston's Roxbury neighborhood about 30 minutes after they received a report of a home break-in in 2011.
Police had received only a vague description of three black males wearing dark clothing and hooded sweatshirts seen leaving the home. Warren ran when police approached him. After a foot chase, an officer arrested him in a backyard. He was charged with unlawful possession of a firearm after a handgun was found on the front lawn.
The SJC found that police did not have a reasonable suspicion to stop Warren and his friend, noting that an officer's hunch is not enough. The court cited a report by the Boston Police Department that found black men were disproportionately stopped and frisked by Boston police between 2007 and 2010. The court said black men in Boston who flee when approached by police does not necessarily indicate that they are guilty of a crime.
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Biden, Supreme Court nominee on Hill to pressure GOP
Law News |
2016/09/07 23:56
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Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place ? meeting with a Democratic senator who used the visit to complain about Republicans' inaction on President Barack Obama's Supreme Court nominee.
Vermont Sen. Patrick Leahy, the Democrat on the Senate Judiciary Committee. said he met with Garland to "see how he's doing." Nearly six months ago, Obama nominated Garland to fill the vacancy created by Justice Antonin Scalia's death in February. Republicans have said they won't act until the next president chooses a nominee.
"He's had to wait longer than any nominee ever has," Leahy told reporters. "We've got plenty of time. If they want to do their job, we could easily have the hearing and the confirmation in September."
Asked if he'd seen any signs that Republicans are wavering in their refusal to consider a nominee this year, Leahy said, "You'll have to ask them." The spokesman for Senate Majority Leader Mitch McConnell, R-Ky., who's led GOP opposition to Garland, said nothing has changed.
"The majority leader has been clear: The next president will make the nomination for this vacancy," said spokesman Don Stewart.
Vice President Joe Biden also planned to be on Capitol Hill on Thursday to help turn up the pressure on McConnell.
It was Garland's first visit to Congress since he held dozens of individual meetings with senators in the spring.
The court is currently divided 4-4 between liberal- and conservative-leaning justices. Garland's confirmation would tip the court in the more liberal direction.
Both parties have appealed to voters by making the court's leaning a campaign issue, stressing that either Democrat Hillary Clinton or Republican Donald Trump will decide that by whomever they nominate.
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China releases prominent human rights lawyer on bail
Law News |
2016/08/02 16:42
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China released a prominent human rights lawyer on bail amid protests Monday outside a northern city court, where supporters of other jailed lawyers and activists condemned the secrecy surrounding the government's yearlong campaign against legal activism.
The release of Wang Yu, who was detained last July, coincided with videos of an alleged confession by Wang posted on the websites of two Hong Kong media outlets in which she renounced her legal work and said "foreign forces" were using her law firm to undermine and discredit the Chinese government.
Wang's Beijing-based firm, Fengrui, has been at the center of a vast case in which dozens of lawyers and activists have been detained, questioned or charged with subversion since July last year.
Wen Donghai, a lawyer for Wang, told The Associated Press on Monday that he had learned from media reports that Wang had been released but had not seen her. Li Yuhan, another lawyer representing Wang, said Wang's mother did not know of her release.
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Kansas court upholds death sentence for sheriff's killing
Law News |
2016/07/25 10:44
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The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.
Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.
An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."
Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.
The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.
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Obama rebukes Poland over paralysis of constitutional court
Law News |
2016/06/30 08:45
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U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.
Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.
"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."
Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.
Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.
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