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High court to rule on Stolen Valor Act
Criminal Law Updates | 2011/10/17 12:20
The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional.

The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming support in 2006. The federal appeals court in California struck down the law on free speech grounds and appeals courts in Colorado, Georgia and Missouri are considering similar cases.

The Obama administration is arguing that the law is reasonable because it only applies to instances in which the speaker intends to portray himself as a medal recipient. Previous high court rulings also have limited First Amendment protection for false statements.

The court almost always reviews lower court rulings that hold federal laws unconstitutional.

The case concerns the government's prosecution of Xavier Alvarez of Pomona, Calif. A member of the local water district board, Alvarez said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. In fact, he had never served in the military.


Texan freed by DNA test after 25 years exonerated
Criminal Law Updates | 2011/10/13 14:39

A Texas appeals court on Wednesday formally exonerated a former grocery store clerk who spent nearly 25 years in prison for his wife's 1986 beating death, reaffirming a judge's decision to set him free last week based on DNA testing that linked her killing to another man.

The Texas Court of Criminal Appeals declared Michael Morton innocent of killing his wife, Christine, and made him eligible to receive $80,000 from the state for each year of confinement, or about $2 million total.

Morton, 57, was convicted on the basis of circumstantial evidence and sentenced to life in prison. He maintained over the years that his wife and their 3-year-old son were fine when he left for work at an Austin Safeway the day she was killed, and that an intruder must have attacked her.

DNA found during tests this summer on a bloody bandana discovered near the crime scene matched that of a former convict, who remains at large. Prosecutors recommended that Morton be freed immediately after that man's DNA was also linked to a hair found 17 months later at the scene of another woman's beating death in north Austin, about 15 miles (24 kilometers) from the Mortons' home.



US court turns down Philly DA in cop-killing case
Criminal Law Updates | 2011/10/11 13:21
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.


Court halts Texas execution of ex-Army recruiter
Criminal Law Updates | 2011/09/21 11:16
A former Army recruiter who for the third time this year was hours away from his scheduled execution for the rape-slaying of a woman in Fort Worth nearly 10 years ago was granted yet another reprieve by the U.S. Supreme Court on Tuesday.

Cleve Foster, 47, was set to die Tuesday evening in Huntsville.

The high court twice earlier this year stopped Foster's scheduled lethal injection. The latest court ruling came about 2½ hours before Foster could have been taken to the Texas death chamber.

Foster was meeting with one of his lawyers in a small holding cell a few feet from the death chamber when a Texas Department of Criminal Justice spokesman delivered the news.

"He thanked God and pointed to his attorney, saying this woman helped save his life," prison spokesman Jason Clark said.

He also said Foster repeated his insistence that he was innocent.


NC stepmom gets up to 18 years in girl's murder
Criminal Law Updates | 2011/09/15 22:00

A North Carolina woman will spend up to 18 years in prison after pleading guilty Thursday to murdering her disabled 10-year-old stepdaughter, nearly a year after freckle-faced Zahra Baker's disappearance and death shocked communities here and in her native Australia.

Elisa Baker, 43, entered the courtroom wearing a hot-pink jail jumpsuit and handcuffs. She sat between two defense attorneys and teared up before pleading guilty to second-degree murder, with aggravating factors that included desecrating the body of Zahra Baker, who used a prosthetic leg and hearing aids after a struggle with bone cancer.

Elisa Baker also pleaded guilty to obstruction of justice in the case, and to charges unrelated to Zahra's death, including obtaining property by false pretenses, financial identity fraud and bigamy.

Adam Baker, Zahra's father and Elisa's husband, was present in the courtroom in Newton, about 60 miles northwest of Charlotte. Adam Baker, who came to the U.S. with his daughter after meeting Elisa online, faces multiple criminal charges of his own, although none are related to his daughter's death.

Zahra's biological mother, Emily Dietrich, flew in from Australia for the hearing. She cried when she heard details of her daughter's gruesome death.

Elisa Baker's guilty plea comes almost a year after Zahra was reported missing from her home in Hickory. Initially, she and Adam told police they believed their daughter had been kidnapped, but that story quickly unraveled as police arrested Elisa and charged her with forging a ransom note.



Ex-Mormon bishop pleads guilty to child sex abuse
Criminal Law Updates | 2011/09/12 14:46
A former Mormon bishop and co-founder of a nonprofit group that helps women and children in Third World villages faces sentencing in November for sexually abusing children.

Lon Harvey Kennard, 69, from Heber City, Utah, pleaded guilty this week to three counts of aggravated sexual abuse of a child. Each count involves a different victim, and carries a sentence of 5 years to life.

The victims were among six children the man and his wife adopted from Ethiopia, where the couple helped establish an orphanage.

The Associated Press isn't naming the man to protect the identity of the victims.

The couple's nonprofit organization provided services to destitute villages in Mexico, Central America, Africa and the Caribbean.

Kennard was initially charged with 43 counts stemming from abuse that began in 1995, around the time the defendant was bishop of his Latter-day Saints ward and one year after he and his wife started the nonprofit agency.


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