Indiana high court to rule on Lake Michigan beach ownership

Court News 2017/07/04 16:57   Bookmark and Share
The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.

Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.

The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.

The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.

The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.

Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.

The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.

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Another ex-Arpaio underling testifies against him in court

Court News 2017/06/29 09:45   Bookmark and Share
Two ex-members of former Sheriff Joe Arpaio’s immigration enforcement squad testified against their old boss Wednesday, with one man describing how the agency defied a judicial order to stop rounding up immigrants.

Arpaio, 85, is charged with misdemeanor contempt of court for disobeying a federal judge’s order to end his patrols that rounded up immigrants suspected of being in the U.S. illegally.

If convicted, the former six-term sheriff of metro Phoenix could face up to six months in jail.

Arpaio created a squad called the Human Smuggling Unit that was the main immigration enforcer while he was Maricopa County Sheriff. Prosecutors called a former member of that squad, Lt. Brian Jakowinicz, to the witness stand to describe its immigration efforts from 2012 to 2013.

Jakowinicz testified that he spoke to the leaders of the unit during that time, and they said the agency’s legal troubles over immigration had been resolved — despite being under an injunction to stop immigration enforcement.

“They didn’t want … to change anything,” he said. “Everything was running smoothly.” Arpaio has acknowledged prolonging the patrols, but insists his disobedience was unintentional and puts the blame on his former lawyer.

The case marks a harsh rebuke against a lawman who became a national political celebrity with his Arizona immigration patrols but lost his bid for a seventh term in office last year amid voter frustration stemming from the huge bill he ran up over his many legal tangles.

Jakowinicz testified he personally talked to Arpaio about the agency’s practice of handing over immigrants in the country illegally to the U.S. Border Patrol.

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McCarthy found guilty of 2nd-degree murder of Bella Bond

Court News 2017/06/27 09:45   Bookmark and Share
Michael McCarthy has been convicted of 2nd-degree murder in the death of a 2-year-old girl dubbed Baby Doe after her remains washed up on Boston Harbor island.

The verdict was announced in Suffolk Superior Court on Monday.

Michael McCarthy is charged with first-degree murder in the 2015 death of the girl who was later identified as Bella Bond.

Man facing life in prison after being found guilty of murder. A North Carolina man has been found guilty in the death of his fiancée and will serve the rest of his life in prison.

Local media outlets report an Onslow County jury found 59-year-old Timothy Noble guilty on Thursday of first-degree murder in the 2014 death of 58-year-old Debra Holden.

Deputies responding to the scene on Oct. 31, 2014, said Holden was found at a residence with a gunshot wound to her temple. Her death was originally ruled a suicide, but Noble was arrested eight months later after the medical examiner ruled the case a homicide. Noble will get credit for time spent in prison while awaiting trial.
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Trump visiting Supreme Court as justices weigh travel ban

Court News 2017/06/15 09:24   Bookmark and Share
President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.

Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.

A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders.

The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday.

The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule.

He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.
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Fraternity brothers due in court in pledge's fatal fall

Court News 2017/06/11 05:55   Bookmark and Share
Members of a Penn State fraternity facing charges related to the death earlier this year of a pledge after a night of heavy drinking are due in court Monday for a hearing about whether there's enough evidence to head to trial.

Prosecutors in the case against the now-shuttered Beta Theta Pi chapter and 18 of its members are leaning heavily on video surveillance recordings made the night 19-year-old sophomore engineering student Tim Piazza was injured in a series of falls at the fraternity after a pledge acceptance ceremony that included heavy drinking.

The defendants face a variety of charges, with eight accused of dozens of crimes, including involuntary manslaughter and felony aggravated assault, while five others are accused only of a single count of evidence tampering.

Centre County District Attorney Stacy Parks Miller says prosecutors will play video in court, and she expects the hearing to last all or most of the day.

Authorities have said members of the fraternity resisted summoning help until well into the next morning.

A grand jury report described how members of the fraternity carried Piazza's limp body upstairs, poured liquid on him and even slapped him on the face. When one of them argued to call for medical help, he was confronted and shoved into a wall, the grand jury said.

Piazza, of Lebanon, New Jersey, died at a hospital Feb. 4 from traumatic brain injury and had suffered severe abdominal bleeding. His blood-alcohol measured at a dangerous level.

"I believe this is a case where the defendants have been overcharged by the district attorney's office," said defense attorney Michael Engle, whose client Gary DiBileo, 21, faces 56 counts, including involuntary manslaughter. "We hope to develop more information during the preliminary hearing process, and beyond, that will demonstrate that many of the charges in this case are just not applicable to the conduct."

Engle said DiBileo, a junior from Scranton who recently withdrew from Penn State, was said by a witness to have advocated for calling an ambulance at some point.
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With court victory, hand of Brazil's president strengthened

Court News 2017/06/10 15:55   Bookmark and Share
Fighting to save his job, Brazilian President Michel Temer has received a huge boost from a decision by the country's top electoral court to reject allegations of illegal campaign finance and keep him in office.

The Superior Electoral Tribunal's 4-3 vote late Friday gave Temer a lifeline amid widespread calls that he resign in the face of a corruption scandal.

Last month, a recording emerged that apparently captured Temer endorsing hush money to ex-House Speaker Eduardo Cunha, a former Temer ally serving 15 years in prison for corruption and money laundering. Soon after, details of another bombshell emerged: that Temer was being investigated for taking bribes.

Temer has denied wrongdoing and vowed to stay in office.

However, the fallout from the scandals was so great that many observers expected that the electoral court judges would be swayed to remove Temer from office over unrelated campaign finance allegations. While in theory Brazilian justices are impartial, in reality they are often highly political. Indeed, two of judges who voted in Temer's favor were his appointees.

"While Temer is hard for many people to digest, he will likely remain in office," said Alexandre Barros, a political risk consultant with the Brasilia-based firm Early Warning. "Instability is bad for everybody. So many will say at this point, 'If we have to pay the price for sticking with Temer, let's do it.'"

While Temer has crossed a huge hurdle to staying in power, he is still facing threats on many fronts. The attorney general is considering pressing charges against him for allegedly receiving bribes, over the audio recording and for allegedly trying to obstruct a colossal investigation into billions of dollars in inflated contracts and kickbacks to politicians. Temer's approval rating is hovering around 9 percent and he has a tenuous hold on his ruling coalition.

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