Supreme Court upholds cross on public land in Maryland

Lawyer Blog Post 2019/06/24 10:56   Bookmark and Share
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.

The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.

The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.


"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.

"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.
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Court tosses black man's murder conviction over racial bias

Legal Business 2019/06/21 11:01   Bookmark and Share
Justice Brett Kavanaugh wrote the court's majority opinion. Justices Clarence Thomas and Neil Gorsuch dissented.

In Flowers' sixth trial, the jury was made up of 11 whites and one African American. District Attorney Doug Evans struck five black prospective jurors.

In the earlier trials, three convictions were tossed out, including one when the prosecutor improperly excluded African Americans from the jury. In the second trial, the judge chided Evans for striking a juror based on race. Two other trials ended when jurors couldn't reach unanimous verdicts.

"The numbers speak loudly," Kavanaugh said in a summary of his opinion that he read in the courtroom, noting that Evans had removed 41 of the 42 prospective black jurors over the six trials. "We cannot ignore that history."

In dissent, Thomas called Kavanaugh's opinion "manifestly incorrect" and wrote that Flowers presented no evidence whatsoever of purposeful race discrimination."

Flowers has been in jail more than 22 years, since his arrest after four people were found shot to death in a furniture store in Winona, Mississippi, in July 1996.

Flowers was arrested several months later, described by prosecutors as a disgruntled former employee who sought revenge against the store's owner because she fired him
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Census, redistricting top remaining Supreme Court cases

Legal Insight 2019/06/21 10:59   Bookmark and Share
The Supreme Court enters its final week of decisions with two politically charged issues unresolved, whether to rein in political line-drawing for partisan gain and allow a citizenship question on the 2020 census.

Both decisions could affect the distribution of political power for the next decade, and both also may test Chief Justice John Roberts’ professed desire to keep his court of five conservatives appointed by Republican presidents and four liberals appointed by Democrats from looking like the other, elected branches of government. Decisions that break along the court’s political and ideological divide are more likely to generate criticism of the court as yet another political institution.

In addition, the justices could say as early as Monday whether they will add to their election-year calendar a test of President Donald Trump’s effort to end an Obama-era program that shields young immigrants from deportation. The court’s new term begins in October.

Twelve cases that were argued between November and April remain to be decided. They include disputes over: a trademark sought by the FUCT clothing line, control of a large swatch of eastern Oklahoma that once belonged to Indian tribes and when courts should defer to decisions made by executive branch agencies.

But the biggest cases by far involve the citizenship question the Trump administration wants to add to the census and two cases in which lower courts found that Republicans in North Carolina and Democrats in Maryland went too far in drawing congressional districts to benefit their party at the expense of the other party’s voters.

The Supreme Court has never invalidated districts on partisan grounds, but the court has kept the door open to these claims. The court has struck down districts predominantly based on race.
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Supreme Court upholds cross on public land in Maryland

Legal Business 2019/06/18 11:02   Bookmark and Share
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.

The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.

The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.


"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.

"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.
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Oregon city stops jailing poor who can't pay court debts

Court News 2019/06/16 16:34   Bookmark and Share
The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison.

The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations.

"No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states.

The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time.

Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000.

She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt.

Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further."

The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.
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Ohio high court won't hear challenge over bite-mark evidence

Legal Business 2019/06/15 16:36   Bookmark and Share
The Ohio Supreme Court won't hear an appeal from a man sentenced to death for the 1985 rape, torture and slaying of a 12-year-old boy.

Attorneys for 52-year-old Danny Lee Hill have unsuccessfully argued bite-mark evidence used against him was unreliable and that he should get a new trial.

A county judge rejected his request, and a state appeals court upheld that decision. The state Supreme Court this week declined to consider a further appeal.

Hill was convicted of aggravated murder in the killing of Raymond Fife in Warren.

Hill is separately challenging his eligibility for the death penalty, citing intellectual deficits. A federal appeals court is slated to hear arguments in that case this fall.
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