Appeals court won't reinstate 1990 arson-murder conviction

Court Watch 2015/08/19 14:07   Bookmark and Share
An elderly man who spent 24 years in prison for his daughter's death in a fire will remain free after a federal appeals court in Pennsylvania on Wednesday refused to reinstate his murder conviction.

Han Tak Lee, 80, a native of South Korea who earned U.S. citizenship, was exonerated and freed last year after a judge concluded the case against him was based on since-discredited scientific theories about arson. Prosecutors appealed, saying that other evidence pointed to his guilt.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals rejected the appeal, meaning Lee will stay out of prison.

The New York City shop owner had taken his 20-year-old, mentally ill daughter to a religious retreat in Pennsylvania's Pocono Mountains where, prosecutors say, he set fire to their cabin. Lee has long contended the 1989 fire was accidental.

Lee, who returned to Queens after his release from prison, did not answer his phone Wednesday. He told The Associated Press in an interview last month that he still loved America and "I expect America to make the right decision."

His attorney, Peter Goldberger, called on prosecutors to let the ruling stand.

"I hope, now, that they will finally see there is no basis for this conviction," Goldberger said. "They can say it's nobody's fault, that science changed, that this is over now, and the federal court has had the last word."

Monroe County District Attorney David Christine, who prosecuted Lee in 1990 and whose office lost the appeal, did not immediately return a text and email seeking comment.
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Pistorius prosecutors file appeal at Supreme Court

Court Watch 2015/08/17 14:07   Bookmark and Share
Prosecutors pushing for a murder conviction against Oscar Pistorius filed papers at South Africa's Supreme Court of Appeal on Monday, four days before the Olympic runner is expected to be released from prison and moved to house arrest.

Court registrar Paul Myburgh confirmed the prosecution's papers had been filed. Lawyers for the double-amputee runner have until Sept. 17 to file their response ahead of a hearing in November.

Prosecutors want a panel of judges at the Supreme Court to overrule a decision by another judge to acquit Pistorius of murder for killing girlfriend Reeva Steenkamp in 2013. Pistorius was instead found guilty of culpable homicide, or manslaughter, for shooting Steenkamp through a toilet cubicle door in his home.

He was sentenced to five years in jail, but is expected to be released from the Kgosi Mampuru II prison in the South African capital Pretoria on Friday after serving 10 months of that culpable homicide sentence.

Because of his good behavior, the 28-year-old Pistorius can be released on probation to serve the remainder under house arrest.

Prosecutors announced their intention to appeal Judge Thokozile Masipa's decision shortly after Pistorius' months-long trial last year. They said Masipa made an error in interpreting the law when she cleared Pistorius of murder and found him guilty instead of an unintentional but still unlawful killing.

Quoting a section of South African law known as "dolus eventualis," prosecutors argue in their appeal papers that the former track star should be convicted of murder because he shot through the toilet door in the pre-dawn hours of Valentine's Day two years ago, knowing that whoever was behind the door would likely be killed without just cause.

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Court fines Washington state over education funding

Court Watch 2015/08/16 14:06   Bookmark and Share
Washington officials are considering a special legislative session after the state Supreme Court issued daily fines a of $100,000 until lawmakers comply with a court order to improve the way the state pays for its basic education system.

Thursday's order, signed by all nine justices of the high court, ordered that the fine start immediately, and be put into a dedicated education account.

The court encouraged Gov. Jay Inslee to call a special session, saying that if the Legislature complies with the court's previous rulings for the state to deliver a plan to fully fund education, the penalties accrued during a special session would be refunded.

Inslee and legislative leaders are set to meet Monday in Seattle discuss what next steps the state should take.

"There is much that needs to be done before a special session can be called," Inslee said in a statement. "I will ask lawmakers to do that work as quickly as humanly possible so that they can step up to our constitutional and moral obligations to our children and lift the court sanctions."

The ruling was the latest development in a long-running impasse between lawmakers and justices, who in 2012 ruled that the state is failing to meet its constitutional duty to pay for the cost of basic education for its 1 million schoolchildren.

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Iowa court allows remote dispensing of abortion pill

Court Watch 2015/06/18 15:32   Bookmark and Share
The Iowa Supreme Court has struck down a restriction that would have prevented doctors from administering abortion-inducing pills remotely via video teleconferencing, saying it would have placed an undue burden on a woman's right to get an abortion.

Iowa is one of only two states that offers so-called telemedicine abortions — Minnesota offers them on a smaller scale — and doctors at Iowa's urban clinics that perform abortions had been allowed to continue offering the remotely-administered abortions while the ruling was pending.

Planned Parenthood's local affiliate, Planned Parenthood of the Heartland, had sued the Iowa Board of Medicine over its 2013 decision that would have required a doctor to be in the room with a patient when dispensing abortion-inducing medication.

The board cited safety concerns when it passed the rule requiring a physical examination, but Planned Parenthood and other critics said it was just another attempt by abortion rights opponents to make it harder for women to get abortions. They said the Iowa board's restriction particularly would have made it harder for women in more rural areas who don't live near the few urban clinics where doctors who perform abortions are based.
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Illinois high court: Comcast must reveal anonymous commenter

Court Watch 2015/06/17 15:32   Bookmark and Share
The Illinois Supreme Court has affirmed a lower court opinion ordering Comcast Cable Communications to identify a subscriber who posted an anonymous message suggesting a political candidate molests children.

The court said Thursday that the internet service provider must identify the subscriber who commented on a 2011 article in the Freeport Journal Standard about Bill Hadley's candidacy for the Stephenson County board.

The commenter, who used the online name "Fuboy," wrote that "Hadley is a Sandusky waiting to be exposed" because he can see an elementary school from his home. The comment was an apparent reference to former Penn State football coach Jerry Sandusky who was convicted of child sex abuse in 2012.

Hadley filed a defamation lawsuit against the commenter and subpoenaed Comcast demanding that it identify the subscriber.
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Supreme Court to hear Texas Senate districts case

Court Watch 2015/06/03 00:42   Bookmark and Share
The Supreme Court agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.

The case from Texas could be significant for states with large immigrant populations, including Latinos who are children or not citizens. The state bases its electoral districts on a count of the total population, including non-citizens and those who aren't old enough to vote.  

But those challenging that system argue that it violates the constitutional requirement of one person, one vote. They claim that taking account of total population can lead to vast differences in the number of voters in particular districts, along with corresponding differences in the power of those voters.

A ruling for the challengers would shift more power to rural areas and away from urban districts in which there are large populations of immigrants who are not eligible to vote because they are children or not citizens. Latinos have been the fasting growing segment of Texas' population and Latino children, in particular, have outpaced those of other groups, according to census data.

"And because urban areas are more Democratic, the ruling could help Republicans," said Richard Hasen, an expert on election law at the University of California-Irvine law school.

The Project on Fair Representation is funding the lawsuit filed by two Texas residents. The group opposes racial and ethnic classifications and has been behind Supreme Court challenges to affirmative action and the federal Voting Rights Act.
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