Kansas Supreme Court to take up school funding case

Court News 2015/11/05 14:53   Bookmark and Share
A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, more pessimistic revenue projections.

Four districts that are suing the state have asked justices to lift a stay on a lower court ruling and release state funds to public school districts. A three-judge Shawnee County District Court panel found in June that the state’s newly enacted strategy for financing 286 school districts and cuts to state aid for low-income school districts were unconstitutional.

The Supreme Court approved Kansas Attorney General Derek Schmidt’s request for a stay on the order while he pursued an appeal. The state argues in court filings that “doomsday predictions” about students and the state suffering because of how schools are being funded “have proven to be pure hyperbole.”

Education, from K-12 through the collegiate level, is the state’s largest expenditure, accounting for 62 percent of its budget. Any increase in education spending has the potential to create budget havoc when the Legislature reconvenes in January.

Since the current fiscal year began in July, tax collections have fallen about 4.1 percent short of expectations, at $1.8 billion. The state has struggled to balance its budget since Republican legislators slashed personal income taxes in 2012 and 2013 at Brownback’s urging, in an effort to stimulate the economy.

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Court rejects ACLU's request to stop phone record collection

Court News 2015/10/29 09:34   Bookmark and Share
A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.

The 2nd U.S. Circuit Court of Appeals said Thursday that Congress intended for data collection to continue during a six-month transition period before a new law takes effect. Earlier this year, the appeals court in Manhattan struck down the government's mass collection of Americans' phone records, finding Congress never authorized it.

Congress then approved a more limited collection method due to take effect Nov. 29.

The 2nd Circuit says an abrupt end to the current program would harm the public interest in surveilling terrorist threats.

An ACLU lawyer says the civil rights group disagrees with the ruling.

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Georgia man accused in hot car death to appear in court

Court News 2015/10/12 14:22   Bookmark and Share
A Georgia man accused of killing his toddler son by leaving him in a vehicle on a hot day is set to appear in court for a hearing.

Cobb County Superior Court Judge Mary Staley is set to hear arguments on pretrial motions Monday in the case of Justin Ross Harris.

Police have said Harris left 22-month-old Cooper in an SUV for about seven hours on a day when temperatures reached at least the high 80s in the Atlanta area. He faces multiple charges, including malice murder, felony murder and cruelty to children.

Harris has been in custody since June 18, 2014, the day his son died. He was indicted in September 2014 and has pleaded not guilty. His attorneys have said the child's death was a tragic accident.



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Arkansas court tosses conviction in woman's meth case

Court News 2015/10/02 14:21   Bookmark and Share
The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
 
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.

In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.

But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.

"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."

The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.

"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."

Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.
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Court rejects inmate's challenge in 5 Ohio prison slayings

Court News 2015/08/18 14:07   Bookmark and Share
A federal appeals court has rejected a challenge by an inmate convicted and sentenced to be executed for the slayings of five fellow inmates during a 1993 prison riot in Ohio.

Death row inmate Keith LaMar was convicted of aggravated murder in 1995 in the deaths of five inmates during the riot at the Southern Ohio Correctional Institution in Lucasville. A jury recommended the death penalty in four of the slayings.

The 6th U.S. Circuit Court of Appeals on Tuesday upheld a lower court's decision keeping the 46-year-old LaMar's convictions and death sentences in place.

LaMar argues he was denied a fair trial when prosecutors were allowed to withhold evidence from the defense.

A three-judge panel ruled the evidence would not have changed the outcome of LaMar's trial.

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Juvenile court decision due in Slender Man stabbing case

Court News 2015/08/11 00:21   Bookmark and Share
A pivotal decision is due this week in the case of two 13-year-old Wisconsin girls accused of stabbing a classmate to please online horror character Slender Man — keep them in adult court or move them into the juvenile system.

The stakes are enormous: Each girl faces a charge of attempted first-degree homicide in adult court and could spend up to 65 years in the state prison system if convicted. Should Waukesha County Circuit Judge Bohren move them into the juvenile system, they could be held for only five years and all records of the proceedings would be sealed, giving them a chance to restart their lives.

Bohren, due to rule Monday, faces thorny questions about how young is too young to face adult consequences for crimes. Defense attorneys for both girls argue their clients are mentally ill — one attorney says his client is a schizophrenic who still believes fictional characters such as Slender Man and Harry Potter truly exist — and will receive better treatment in the juvenile system. Prosecutors say transferring them out of adult court would depreciate the seriousness of the crime.

"It's obviously a very tough decision for him," said former Wisconsin Supreme Court Justice Janine Geske, who attended law school with Bohren. "They're very young. They clearly have some serious mental health issues. That pushes you toward putting them in juvenile court.

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