Serial rapist Coe appeals confinement in US court

Press Release 2014/01/02 13:56   Bookmark and Share
Kevin Coe, who was arrested in 1981 after dozens of women were raped in Spokane, is appealing his confinement as a sexually violent predator to federal court.

Coe was suspected in the rapes, attributed to the "South Hill Rapist," but only one conviction stood against him. He served 25 years in prison, and was confined at the state's Special Commitment Center on McNeil Island in 2008, following a monthlong civil trial.

Coe argues that the jurors at his civil trial should not have been asked to determine that he suffered from a "personality disorder" without having that term defined for them. He also says the jury should not have heard evidence of the other cases linked to the South Hill rapist because he was never convicted of them and because he was not allowed to challenge some of the victims through cross-examination.

The state Supreme Court rejected those arguments in 2012.

On Monday, a federal magistrate judge recommended that Coe's request to proceed as an indigent plaintiff be rejected. The judge found that Coe can afford to pay the fee required to file the case.
top

Minnesota Supreme Court Agrees To Hear Assisted Suicide Case

Press Release 2013/12/30 14:10   Bookmark and Share
The Minnesota Supreme Court will consider the case of a national right-to-die group accused of playing a role in the 2007 suicide of an Apple Valley woman.

The high court agreed to hear Dakota County prosecutors' appeal of a Minnesota Court of Appeals ruling in September that a state law prohibiting advising or encouraging suicide was unconstitutional on free speech grounds, the Star Tribune reported Friday (http://strib.mn/JhC7zY ). The Appeals Court, however, sent charges of aiding and abetting suicide against the Florida-based group Final Exit Network and two members back to a district court for trial.

The Supreme Court also agreed in an order dated Dec. 17 to hear the cross-appeal of Final Exit Network, which says all of the charges are unconstitutional. The high court did not set a date for oral arguments.

The high court also stayed all proceedings in the Final Exit case pending its ruling in the separate case of William Melchert-Dinkel, of Faribault, an ex-nurse who was convicted in 2011 of "advising and encouraging" the suicides of a man in England and a teenager in Canada. The Court of Appeals upheld his conviction last year. The Supreme Court heard oral arguments in May.

Robert Rivas, an attorney for Final Exit, said the group believes the Appeals Court decision was correct.
top

Man pleads not guilty in rape, death of Ohio girl

Press Release 2013/12/30 14:09   Bookmark and Share
An Ohio man pleaded not guilty Thursday in the rape and strangulation of a 9-year-old girl whose body was found in a trash bin at the trailer park where they were neighbors.

One of Jerrod Metsker's court-appointed attorneys entered the pleas for him in Wayne County court. Metsker, wearing a red jail outfit with his wrists handcuffed, appeared via video and did not speak during the brief hearing.

A grand jury had indicted the 24-year-old Metsker on charges of aggravated murder, kidnapping and rape. He is being held on $1 million bond. Authorities previously said the death penalty would be available as punishment if Metsker is convicted of murder.

Metsker was the last person seen with 9-year-old Reann Murphy at their trailer park in Smithville, southwest of Akron, authorities said. A caller identifying himself as Metsker reported Reann missing in a 911 call.

Her body was found Dec. 15 after a frantic search by neighbors and law enforcement. Metsker was arrested later that day. The prosecutor said she was likely killed at Metsker's mobile home between 5:30 p.m. and 7:30 p.m. on Dec. 14.
top

Canadian court strikes down anti-prostitution laws

Topics in Legal News 2013/12/23 12:10   Bookmark and Share
Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.
top

Utah's same-sex marriage ban back in court

Headline Legal News 2013/12/23 12:10   Bookmark and Share
A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.

U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.

Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.

On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church.
top

Judge ousts defendant twice from Guantanamo court

Headline Legal News 2013/12/20 10:47   Bookmark and Share
The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba.

Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell.

But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell.

Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh.

He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said.

Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative.

Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made.
top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design