Court News 2019/01/01 00:33
Florida's new gun law is keeping courts busy, and the state Supreme Court also says lawsuits over hurricane disputes could be on the rise.
The Florida Supreme Court said Friday 100 petitions a month have been filed statewide to try to keep guns out of the hands of people at risk to themselves and others. The Legislature passed new gun restrictions in March following a school shooting in Parkland that left 17 dead.
The court also said to watch out for a rise in claims related to Hurricanes Irma and Michael, particularly involving indebtedness and contracts. Irma affected nearly the entire state in 2017, and Michael devastated communities from Mexico Beach to the Georgia border in October.
The court said four additional circuit court judges are needed next fiscal year, including one in the circuit that covers counties hit by Michael.
Court News 2018/12/22 12:29
A Colorado man suspected of killing his fiance has made his first court appearance. Patrick Frazee appeared by teleconference at a Teller County District Court hearing. Frazee was arrested earlier Friday in the disappearance of 29-year-old Kelsey Berreth. Authorities say the 32-year-old Frazee faces charges of first-degree murder and solicitation of murder.
Berreth was last seen in the Colorado town of Woodland Park on Thanksgiving Day. KOAA-TV reports a public defender was appointed for Frazee.
Officials say the daughter of woman her fiance is suspected of killing will live with the woman's family. Woodland Park police Chief Miles de Young said the family of 29-year-old Kelsey Berreth does not want to comment.
He told reporters Friday that Berreth's cellphone was found in Idaho and that investigators are working to recover it. The fiance, Patrick Frazee, was charged with the murder of Berreth and solicitation to commit murder.
The two lived separately and De Young says authorities have evidence suggesting the killing happened at Berreth's home in Woodland Park, in central Colorado.

Court News 2018/12/11 11:59
The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
Two federal courts have temporarily blocked the policy President Donald Trump announced in November in response to caravans of migrants that were approaching the border. Last week, the federal appeals court in San Francisco said the ban is inconsistent with federal law and an attempted end-run around Congress.
The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
Trump’s proclamation is among measures that “are designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and dangerous border crossings; and reduce the backlog of meritless asylum claims,” Solicitor General Noel Francisco wrote in his Supreme Court filing.
Lee Gelernt, an American Civil Liberties Union lawyer representing immigrant advocacy groups challenging the asylum policy, said, “The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy.”
Justice Elena Kagan, who handles emergency appeals from California and other western states, called for a response from opponents of the asylum policy by midday Monday.
In the first court ruling on the issue, U.S. District Judge Jon Tigar said on Nov.19 that U.S. law allows immigrants to request asylum regardless of whether they entered the country legally.
The president “may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order.
The ruling prompted Trump’s criticism of Tigar as an “Obama judge” and led to an unusual public dispute between Trump and Chief Justice John Roberts, who rebuked the president with a statement defending the judiciary’s independence.

Court News 2018/11/10 14:59
When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.
The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.
The age at which children get moved to adult court varies by state and can be discretionary in some cases.
Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.
Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.
Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.
For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.
Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.
In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.

Court News 2018/11/04 22:34
The Supreme Court agreed Friday to hear a case about whether a nearly 100-year-old, cross-shaped war memorial located on a Maryland highway median violates the Constitution's required separation of church and state, a case that could impact hundreds of similar monuments nationwide.
A federal appeals court in Virginia had previously ruled against the approximately four-story-tall cross. The judges said that it "has the primary effect of endorsing religion and excessively entangles the government in religion."
But the Maryland officials who maintain the memorial told the Supreme Court that the monument's context and history show it is intended to convey a secular message of remembrance, not a religious message. They said the appeals court's decision would "compel the removal or dismemberment of a cherished war memorial that has served as a site of solemn commemoration and civic unity for nearly a century." In urging the high court to take the case, officials argued that the lower court's decision puts at risk hundreds of other monuments nationwide.
The approximately 40-foot-tall cross at the center of the case is located in Bladensburg, Maryland, about 5 miles from the Supreme Court. Sometimes called the "Peace Cross," it was completed in 1925, and it honors 49 men from the surrounding county who died in World War I. A plaque on the cross' base lists the names of those soldiers, and both faces of the cross have a circle with the symbol of the American Legion, the veterans organization that helped raise money to build it.
Today, responsibility for the cross falls to a Maryland parks commission that took over ownership and maintenance of it in 1961 because of traffic safety concerns. The massive concrete structure could be dangerous to motorists if it were to fall or crumble.

Court News 2018/10/09 10:51
The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.
Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”
While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.
The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.
But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.
