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Court: Silence can be used against suspects
Headline News |
2014/08/19 22:02
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The California Supreme Court has ruled that the silence of suspects can be used against them.
Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.
Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.
Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.
Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination. |
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Canadian court: US can extradite terror suspect
Court Feed News |
2014/08/13 22:18
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An appeals court ruled Monday an Iraqi-born man should be extradited to the United States to face charges that he helped coordinate Tunisian jihadists believed responsible for a suicide attack in Iraq in 2009 that killed five American soldiers outside a U.S. base.
Sayfildin Tahir Sharif, who holds dual Canadian-Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.
The prosecution alleges Sharif worked from Edmonton, Alberta, to help a Tunisian man enter Iraq in 2009 and detonate a truck filled with explosives at a military checkpoint, killing five U.S. soldiers. Prosecutors contend that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting Tunisian terrorists. Sharif never left Canada as part of the alleged conspiracy.
The terror network is also accused of blowing up an Iraqi police station, killing seven Iraqi officers.
Canada's justice minister granted extradition last summer after receiving assurances from the U.S. that Sharif wouldn't face the death penalty. Defense lawyers also received a letter from U.S. authorities promising the man wouldn't be held indefinitely in pre-trial detention.
Sharif was appealing the justice minister's decision as well as a judge's original ruling in 2012 that there was enough evidence to extradite Sharif on two charges.
Sharif is an ethnic Kurd who was born in Iraq but moved to Toronto as a refugee in 1993. Four years later, he became a Canadian citizen. |
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Teen suspect in 6-year-old's death due in court
Court Feed News |
2014/08/13 22:18
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A 17-year-old boy arrested in the death and sexual assault of a 6-year-old Washington state girl is due in court Monday.
Authorities still haven't released the name of the suspect, who was arrested Saturday in the Bremerton-area mobile home park from which Jenise Wright had disappeared a week earlier.
He was booked for investigation of second-degree murder, manslaughter and rape, and was scheduled to make an initial appearance at 3 p.m. in Kitsap County District Court.
Authorities said forensic evidence analyzed by the Washington state crime lab linked him to the crime. Earlier in the week, the sheriff's office collected DNA cheek swabs from dozens of nearby residents.
The Seattle Times reported Sunday that Kitsap County sheriff's detectives seized three vehicles from the suspect's home and completed final interviews of residents at the Steele Creek Mobile Home Park, the community where Wright went missing eight days earlier.
The statements and evidence collected Sunday will help authorities in "trying to put together a composite of the suspect for painting a picture for the court," Kitsap County Sheriff's spokesman Scott Wilson told the Times.
A growing memorial at the entrance to the neighborhood includes silver balloons, stuffed animals, lit candles and flowers. |
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Court schedules night deer hunting arguments
U.S. Legal News |
2014/08/06 16:59
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Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.
U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.
The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.
The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule. |
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Court hearing gay marriage arguments from 4 states
Headline News |
2014/08/06 16:59
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A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states — Kentucky, Michigan, Ohio and Tennessee - in the biggest such session on the issue so far.
Three judges of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments that pit states' rights and traditional, conservative values against what plaintiffs' attorneys say is a fundamental right to marry under the U.S. Constitution. Large demonstrations are expected outside the courthouse by both opponents and supporters.
Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans. Ohio's case deals only with the state's recognition of out-of-state gay marriages, while Tennessee's is narrowly focused on the rights of three same-sex couples.
Attorneys on both sides in the Michigan and Ohio cases will go first and get a half-hour each to make their cases. Kentucky and Tennessee will follow, with 15 minutes for each side from both states.
A handful of people were at the courthouse Wednesday before it opened to reserve a seat in an overflow room for the hearing, including Frank Colasonti Jr., 61, of Birmingham, Michigan, who said he camped outside the building overnight.
Colasonti said he and his partner of 26 years married this year in Michigan, before a court order halted marriages pending the state's appeal. |
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Federal court: Virginia marriage is for all
U.S. Legal News |
2014/07/29 21:15
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An appeals courts' decision to strike down Virginia's same-sex marriage ban adds to the growing list of decrees on a hot-button issue that will likely end up being decided by the U.S. Supreme Court.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, is the second federal appellate court to overturn gay marriage bans, after the Denver circuit, and is the first to affect the South, a region where the rising tide of rulings favoring marriage equality is testing concepts of states' rights and traditional, conservative moral values that have long held sway.
"I am proud that the Commonwealth of Virginia is leading on one of the most important civil rights issues of our day," said Virginia Attorney General Mark Herring, who had refused to defend the state ban when he took office in January. "We are fighting for the right of loving, committed couples to enter the bonds of marriage."
Virginians voted 57 percent to 43 percent in 2006 to amend their constitution to ban gay marriage and state law prohibits recognizing same-sex marriages performed in other states, which the court said infringes on its citizens' fundamental right to marry. |
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