Appeals court orders judge to expunge woman's convictions

Court News 2016/09/17 15:36   Bookmark and Share
A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.

The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.

The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.

The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."

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LA Supreme Court considers teen robber’s 99-year sentence

Legal Business 2016/09/16 15:36   Bookmark and Share
Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.

Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.

The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.

The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.

Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses.

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Court rejects challenge to Michigan's emergency manager law

Court News 2016/09/14 15:37   Bookmark and Share
An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.

Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.

Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.

The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.

"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.
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Court to weigh appeal on Indiana's block on Syrian refugees

Court Watch 2016/09/12 15:37   Bookmark and Share
A federal appeals court in Chicago is set to hear arguments in Republican Indiana Gov. Mike Pence's appeal of a ruling that blocked his order to bar state agencies from helping Syrian refugees resettle in Indiana.

The appeals court is considering the case Wednesday, about two months before voters decide if Pence will be the nation's next vice president.

After the November Paris attacks, Pence said he didn't believe the federal government was adequately screening refugees from war-torn Syria. In February, a federal judge found Pence's order discriminatory against refugees.

Pence administration attorneys say the directive is "narrowly tailored" in the interest of public safety. But the American Civil Liberties Union of Indiana argues refugees are extensively vetted and the state's argument is "built on fear."

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Appeals court sympathetic to voting rules challenge

Court News 2016/09/11 23:46   Bookmark and Share
A federal appeals court seems likely to side with voting rights groups trying to stop Kansas, Georgia and Alabama from making residents prove they are U.S. citizens when registering to vote using a national form.

Judges heard arguments in the case Thursday. At issue is whether to overturn a decision by a U.S. election official who changed the form's proof-of-citizenship requirements at the behest of the three states, without public notice.

People registering to vote in other states need only to swear that they are citizens, not show proof.

Two of the three judges hearing the case suggested the citizenship requirement can pose a tough hurdle for many eligible voters.

A federal judge in July refused to block the requirement while the case is being decided.

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Biden, Supreme Court nominee on Hill to pressure GOP

Legal Business 2016/09/08 23:46   Bookmark and Share
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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