Teen changes plea to guilty in deaths of mother, stepfather

Lawyer Blog Post 2016/03/12 16:55   Bookmark and Share
A northern Wisconsin woman changed her plea to guilty Friday in the slaying of her mother and stepfather in a deal that has prosecutors recommending a 40-year prison sentence.

Ashlee Martinson, who was 17 at the time of the March 2015 killings, faces two counts of second-degree homicide, USA Today Network-Wisconsin reported. She had earlier pleaded innocent by reason of insanity in the killings at the family's home near Three Lakes.

According to court records filed Friday, Martinson told police she shot her stepfather, 37-year-old Thomas Ayers, in the neck and head. She then went to her mother, 40-year-old Jennifer Ayers, for solace, but her mother first tried to aid her husband, then armed herself with a knife to confront Martinson.

Martinson wrestled the knife from her mother and stabbed her more than 30 times. She then went downstairs and turned the family TV to show cartoons to her three sisters, ages 2 to 9. After showering, Martinson confined the younger girls in a room before fleeing to Indiana with her boyfriend, documents show.

Court documents say the Ayerses were killed the same day they warned Martinson's 22-year-old boyfriend to stay away from her because she was a minor.

Martinson told authorities she had been mentally and verbally abused by her stepfather and had seen him physically abuse her mother and siblings, according to court records.

The assessment also said Martinson had suffered from depression on and off since age 8, gaining in intensity at age 15. Martinson's sentencing is set for June 17.

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Thai court sentences migrants to death in murder of British backpackers

Lawyer Blog Post 2015/12/23 16:45   Bookmark and Share
A Thai court on Thursday sentenced two Myanmar migrants to death for the murder of two British backpackers on a resort island last year, in a case that raised questions about police competence and the treatment of migrant workers in Thailand.

Human Rights Watch called the verdict "profoundly disturbing," citing the defendants' accusations of police torture that were never investigated and questionable DNA evidence linking them to the crime.

Win Zaw Htun and Zaw Lin, both 22, have denied killing David Miller, 24, and raping then murdering Hannah Witheridge, 23, last year on the island of Koh Tao. Their defense attorney said they planned to appeal.

Miller and Witheridge's battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving. Autopsies showed that the young backpackers, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.

The killings tarnished the image of Thailand's tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014 and then imposed martial law.

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Perry's indictment in hands of top Texas criminal court

Lawyer Blog Post 2015/11/19 22:12   Bookmark and Share
Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run.

After two hours of arguments, the Texas Court of Criminal Appeals gave no timetable for ruling whether Perry should face trial in the case that has dragged on since August 2014 — about five times longer than his second unsuccessful White House bid.

Perry didn't attend the crowded hearing in a courtroom behind his old Texas Capitol office, but his high-powered lawyers told judges that enough was enough.

"The danger of allowing a prosecutor to do this is mind-boggling," Perry attorney David Botsford said.

Perry is accused of misusing his power in 2013 when he vetoed funding for local prosecutors after Travis County District Attorney Rosemary Lehmberg, an elected Democrat, refused calls to resign following a drunken driving arrest. He was indicted a year later by a grand jury in liberal Austin and faces up to life in prison if convicted.

Perry has denounced the charges as a partisan attack. But in a lively back-and-forth with an eight-judge panel, all but one of whom is an elected Republican, Perry's legal team didn't raise claims of political retribution and instead framed the veto as a rightful constitutional power.

Special prosecutors say that's for a trial to determine — and not for the court to settle now. Judges met that with a tone of skepticism, with Republican Judge Kevin Yeary pressing at one point whether going through with a trial would be "wasting everyone's time."

Perry was originally indicted on two counts, but a lower court has already thrown out the other charge of coercion of a public servant. Prosecutors are asking the court to not only order a trial on the remaining charge but also reinstate the other one.
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Mississippi Supreme Court narrowly grants same-sex divorce

Lawyer Blog Post 2015/11/06 14:53   Bookmark and Share
The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
 
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.

Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.

On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.

In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.

Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.

Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.


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Court reinstates lawsuit over NYPD surveillance of Muslims

Lawyer Blog Post 2015/10/14 00:25   Bookmark and Share
A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.

Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.

The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.

The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement

The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.

The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.
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Idaho high court upholds law banning horse racing terminals

Lawyer Blog Post 2015/09/11 18:06   Bookmark and Share
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.

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