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Ohio court considers privacy rights in backpack search
Court and Trial |
2017/03/03 16:59
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The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.
At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.
The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.
A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.
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S Korea's Park questioned at court hearing on arrest request
Top Attorney News |
2017/03/03 16:03
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South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power.
Live TV footage earlier showed a stern-looking Park entering the Seoul Central District Court building amid a barrage of camera flashes. She did not comment to reporters. The court is expected to decide by Friday morning whether to approve her arrest.
If the court approves the arrest warrant requested by prosecutors, Park will be immediately sent to a detention facility as prosecutors can detain her for up to 20 days before laying formal charges.
If the court rejects the arrest request, prosecutors can still indict and charge her.
Prosecutors accuse Park of colluding with a confidante to extort from big businesses, take a bribe from one of the companies and commit other wrongdoings. The allegations prompted millions of South Koreans to stage streets protests every weekend for months before the Constitutional Court ruled to dismiss her on March 10. Park's presidential powers had already been suspended after parliament impeached her in December.
It was a dramatic setback to Park, South Korea's first female president who rose to power four years ago amid conservatives' nostalgia for her late dictator father who is credited by supporters for pulling a war-torn country out of poverty in the 1960-70s. Liberal critics revile her father as a ruthless leader who tortured and imprisoned his opponents.
Earlier Thursday, hundreds of her supporters, mostly elderly conservative citizens, gathered near her Seoul home, waving national flags and chanting slogans when she left for the court.
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High court ruling could reshape Virginia political map
Lawyer World News |
2017/03/02 16:59
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A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.
The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.
Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.
"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.
The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.
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Florida Legislature at "Open War" with State Supreme Court
Court and Trial |
2017/03/01 17:00
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The Republican-dominated Legislature's tense relationship with the state Supreme Court is hanging over this year's legislative session as lawmakers take up two bills to deal with the aftermath of court rulings that Republicans don't like.
One of them is a fix to the state's death penalty rules and the other a revision of the "stand your ground" law to better protect defendants claiming self-defense.
It's no surprise that two other bills are seen as a shot back at the court - a proposal to limit justices' terms to 12 years and a bill that would require them to file reports to the governor and Legislature on the timeliness of their decisions.
House Speaker Richard Corcoran says one of his highest priorities is to "reign in" the Supreme Court.
Former Supreme Court Justice James Perry said the Legislature is at "open war" with the judiciary, but he said the Legislature can't control the court.
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Supreme Court Hears Case on Fatal Border Shooting
Lawyer World News |
2017/02/24 13:41
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How a U.S. Border Patrol argent’s use of lethal force at the U.S-Mexican border implicates constitutional rights and foreign affairs dominated arguments at the U.S. Supreme Court on Tuesday in Hernandez v. Mesa. The lawyer arguing that the agent should be held liable had a rough day in front of the justices.
Both sides agree that while standing on American soil at the border on June 7, 2010, Border Patrol Agent Jesus Mesa fatally shot Sergio Hernandez, a 15-year-old Mexican national standing on the Mexican side. But then the factual accounts diverge.
According to Hernandez’s family, the teenager was playing with his friends near the border opposite El Paso, Texas, where the border runs through the middle of a concrete culvert. There is a fence on the U.S. side of the culvert.
According to Mesa and the federal government, Mesa was detaining one of Hernandez’s companions on the U.S. side of the border, when Hernandez and the other teenagers started throwing rocks at Hernandez. Mesa claims that the rocks posed a danger to his safety. He repeatedly ordered then to stop and back away, but they persisted. Finally Mesa fired in what he claims is self-defense, fatally striking Hernandez.
Hernandez’s family sued, and Mesa filed a motion to dismiss. Under the Federal Rules of Civil Procedure, when considering a motion to dismiss, a federal court must consider the plaintiff’s allegations as true when deciding whether to throw out the lawsuit versus letting it continue. The parties later present evidence to prove their version of the facts if the lawsuit goes forward, but when deciding whether to end the case before it gets started, judges must consider only plaintiff’s version.
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