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High court upholds texting suicide manslaughter conviction
Legal Court Feed |
2019/02/06 10:55
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The involuntary manslaughter conviction of a young woman who encouraged her boyfriend through dozens of text messages to kill himself was upheld Wednesday by Massachusetts' highest court.
The Supreme Judicial Court agreed with a lower court judge who found that Michelle Carter caused Conrad Roy III's death when she told him to "get back in" his truck that was filling with toxic gas after he told her he was scared. The judge said Carter had a duty to call the police or Roy's family when she knew he was killing himself.
"And then after she convinced him to get back into the carbon monoxide filled truck, she did absolutely nothing to help him: she did not call for help or tell him to get out of the truck as she listened to him choke and die," Justice Scott Kafker wrote in the Supreme Judicial Court's ruling.
Carter's lawyers noted the only evidence she instructed Roy to get back in the truck was a long, rambling text she sent to a friend two months later in which she called Roy's death her fault.
Carter was 17 when Roy, 18, was found dead of carbon monoxide poisoning in July 2014. Carter, now 22, was sentenced to 15 months in jail, but has remained free while she pursues her appeals.
Prosecutors had argued Carter could have stopped Roy from killing himself, but instead bullied him into going through with his plan through text messages that became more insistent as he delayed.
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Appellate judge announces run for Supreme Court seat
Legal Court Feed |
2019/02/04 10:59
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An appellate judge has announced he will run for a spot on the Kentucky Supreme Court days after Justice Bill Cunningham retired.
Kentucky Court of Appeals Judge Christopher "Shea" Nickell told The Paducah Sun that he is running in November's election for the vacant seat, which represents the First Supreme Court District encompassing 24 counties in western Kentucky. The winner of the general election will serve the rest of Cunningham's current term ending in 2022.
Gov. Matt Bevin will appoint a temporary justice to the seat until November, but Nickell did not submit his name for consideration. He says that would have required him to step down from the appeals court.
Nickell practiced law for 22 years before he became an appellate judge.
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NC high court sidesteps decision on tracking sex offenders
Legal Court Feed |
2019/02/01 11:05
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The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
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EU top court adviser: Google can limit right to be forgotten
Legal Court Feed |
2019/01/10 15:30
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An adviser to Europe's top court says Google doesn't have to extend "right to be forgotten" rules to its search engines globally.
The European Court of Justice's advocate general released a preliminary opinion Thursday in the case involving the U.S. tech company and France's data privacy regulator.
The case stems from the court's 2014 ruling that people have the right to control what appears when their name is searched online. That decision forced Google to delete links to outdated or embarrassing personal information that popped up in searches.
Advocate General Maciej Szpunar's opinion said the court "should limit the scope of the de-referencing that search engine operators are required to carry out," and that it shouldn't have to do it for all domain names, according to a statement.
Opinions from the court's advocate general aren't binding but the court often follows them when it hands down its ruling, which is expected later.
The case highlighted the need to balance data privacy and protection concerns against the public's right to know. It also raised thorny questions about how to enforce differing legal jurisdictions when it comes to the borderless internet.
Google's senior privacy counsel, Peter Fleischer, said the company acknowledges that the right to privacy and public access to information "are important to people all around the world ... We've worked hard to ensure that the right to be forgotten is effective for Europeans, including using geolocation to ensure 99 percent effectiveness." |
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The Latest: Man in California officer killing in court
Legal Court Feed |
2019/01/02 16:37
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A man charged with the killing of police officer in Northern California made his first court appearance but did not enter a plea. The Modesto Bee reports Gustavo Perez Arriaga told the judge Wednesday his true name is Paulo Virgen Mendoza.
His attorney questioned his mental competency, prompting the court to suspend the case until Perez Arriaga gets a mental evaluation.
Perez Arriaga was arrested Friday in the Dec. 26 shooting of Newman police Cpl. Ronil Singh during a traffic stop. The 33-year-old Singh is survived by a wife and 5-month-old son.
A man charged with the killing of police officer in Northern California made his first court appearance but did not enter a plea. The Modesto Bee reports Gustavo Perez Arriaga told the judge Wednesday his true name is Paulo Virgen Mendoza.
His attorney questioned his mental competency, prompting the court to suspend the case until Perez Arriaga gets a mental evaluation.
Perez Arriaga was arrested Friday in the Dec. 26 shooting of Newman police Cpl. Ronil Singh during a traffic stop. The 33-year-old Singh is survived by a wife and 5-month-old son.
Authorities say Perez Arriaga was in the country illegally and had previous arrests for driving under the influence of alcohol. Authorities say he was planning to flee to Mexico. President Trump cited the case while calling for tougher border security.
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