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Court: Cities can't prosecute people for sleeping on streets
Legal Court Feed |
2018/09/05 23:40
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Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.
The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.
It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.
When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.
But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.
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Louisiana Supreme Court upholds life sentence in beating
Legal Court Feed |
2018/09/04 23:40
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The Louisiana Supreme Court has upheld a life prison term for a man convicted of severely beating another man at a convenience store five years ago after telling the victim he was in the “wrong neighborhood.”
Donald Ray Dickerson, of Baton Rouge, was found guilty in 2015 of second-degree battery in the attack on David Ray III, of St. Francisville. Ray was hospitalized with a broken eye socket, broken nose and other injuries.
Dickerson was sentenced to life behind bars, deemed a habitual offender. The Advocate reports he has prior convictions for armed robbery, simple robbery and purse snatching.
Dickerson claims his conduct did not amount to second-degree battery and his sentence is unconstitutionally excessive. An appeals court disagreed, and the Louisiana Supreme Court on Friday let that ruling stand. |
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Zimbabwe president urges court to toss opposition challenge
Legal Court Feed |
2018/08/19 00:37
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Lawyers representing Zimbabwe President Emmerson Mnangagwa have filed papers urging the country's Constitutional Court to throw out an opposition challenge to his disputed election.
The Zimbabwe Electoral Commission has said Mnangagwa and the ruling ZANU-PF party won the July 30 election in this politically and economically troubled southern African country's first election without former long-time ruler Robert Mugabe on the ballot. The electoral commission said Mnangagwa received 50.8 percent of the vote and main challenger Nelson Chamisa received 44.3 percent.
The main opposition MDC party on Friday filed a legal challenge to the results alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate, Nelson Chamisa, was the winner.
On Wednesday, Mnangagwa's lawyers dismissed the challenge as "political."
"We are more than confident, there is no evidence of direct manipulation. This is a political gamesmanship. Let's see if that evidence is admissible in court," said Lewis Uriri, who is leading Mnangagwa's team of lawyers, including some hired from neighboring South Africa. |
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Lawyers will seek to shift blame for warehouse fire at trial
Legal Court Feed |
2018/08/17 18:03
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Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.
Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.
Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.
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Tennessee high court refuses to block looming execution
Legal Court Feed |
2018/08/09 23:20
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The Tennessee Supreme Court has refused to stay Thursday's scheduled execution of a convicted child killer while the state's new lethal injection protocol continues to be challenged on appeal.
The order brings Tennessee within days of killing Billy Ray Irick with a three-drug mixture, barring some last-minute change. Irick, 59, would be the first inmate Tennessee has executed since 2009. He was convicted of the 1985 rape and killing of a 7-year-old Knoxville girl.
Federal public defender Kelley Henry said she will request a stay with the U.S. Supreme Court. She had asked Gov. Bill Haslam to issue a temporary reprieve while the drugs are studied further. But the governor quickly ruled it out, saying he would not intervene.
"My role is not to be the 13th juror or the judge or to impose my personal views, but to carefully review the judicial process to make sure it was full and fair," Haslam said in a statement Monday. "Because of the extremely thorough judicial review of all of the evidence and arguments at every stage in this case, clemency is not appropriate."
The Tennessee Supreme Court's majority wrote that its rules require proving that the lawsuit challenging the lethal injection drugs is likely to succeed on appeal, but Irick's attorney has failed to do so.
In a ruling late last month, Davidson County Chancellor Ellen Hobbs Lyle wrote that attorneys for 33 death row inmates, including Irick, didn't prove that there is a substantially less painful means to carry out the execution or that the drugs the state plans to use would cause the inmate to be tortured to death.
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