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Inmate challenge to death sentence goes back to trial court
Updated Court News |
2015/08/08 00:25
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A state death row inmate is going back to a north Mississippi courtroom to again fight for a new trial.
The Mississippi Supreme Court has ordered a Lowndes County judge to determine if the results of post-conviction DNA testing raise enough questions to justify a new trial for Eddie Lee Howard Jr. Howard, now 61, who was convicted and sentenced to death in the slaying of 84-year-old Georgia Kemp of Columbus. Evidence against him included bite marks on her body.
The Supreme Court, in the order signed Thursday by Chief Justice Bill Waller Jr., makes no specific mention of Howard's challenge to the bite mark evidence that the inmate argues is now widely discredited in legal circles.
Waller's order directs the trial court to hold a hearing to determine if Howard's arguments of newly discovered evidence including the results of DNA testing could "probably produce a different result or induce a different verdict if a new trial is granted."
The court's order does not disclose what the DNA testing revealed. Howard's attorneys argue in briefs that DNA results do not connect Howard to the crime.
Howard was convicted of raping and fatally stabbing Kemp in 1992. He was sentenced to death.
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High court won't hear Nevada patient dumping case
Updated Court News |
2015/07/01 14:37
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The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.
San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.
A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.
Nevada claims the lawsuit interferes with its sovereign powers.
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Woman at center of 1961 Supreme Court case dies
Updated Court News |
2014/12/11 13:05
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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Lawsuit says California mortgage money mishandled
Updated Court News |
2014/03/17 15:30
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Three community assistance organizations sued Gov. Jerry Brown and other state officials on Friday, alleging the state improperly diverted nearly $370 million that was intended to help homeowners struggling with foreclosures.
The lawsuit filed in Sacramento County Superior Court says the money was siphoned off to the state's general fund as California wrestled with a massive budget deficit and has never been repaid. The money was part of the $25 billion settlement between major banks and nearly every state in 2012, with California receiving the largest share.
H.D. Palmer, a spokesman for the Department of Finance, said in a statement that the administration is confident that its budget actions are legally sound.
The suit was filed by attorney Neil Barofsky, who previously was inspector general for the federal bank bailout. The suit alleges the money is needed to help affected homeowners "weather the economic storm that continues to sweep so many families out of their homes."
"As a result of these diversions, large numbers of homeowners who are eligible for loan modifications or other relief have been left stranded, and countless fiscally imperiled California homeowners remain unaware of the full scope of their rights," the lawsuit states.
Barofsky filed the suit on behalf of three California-based community organizations that the suit says have helped thousands of homeowners: National Asian American Coalition, COR Community Development Corporation and National Hispanic Christian Leadership Conference. |
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Tenino man pleads guilty to child pornography
Updated Court News |
2013/12/30 15:10
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The U.S. attorney's office says a Tenino man pleaded guilty Friday in federal court in Tacoma to possession of child pornography.
As part of a plea agreement, prosecutors are recommending a four-year prison term when 47-year-old James Donald Mobley is sentenced in March.
The U.S. attorney's office says the former teacher at Tenino Elementary School is one of 348 people arrested worldwide as part of the "Project Spade" investigation into a Toronto-based website.
Investigators found Mobley purchased child pornography from the company. He was arrested last January. A search of his computer found 650 photos and 45 videos of child pornography. |
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