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Supreme Court rejects defendant’s appeal in 2015 slaying
Court Watch |
2021/04/20 14:34
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The South Dakota Supreme Court has upheld the life prison sentence given to a man who plotted the slaying of his ex-girlfriend, a 22-year-old Rapid City woman.
Jonathan Klinetobe pleaded guilty to first-degree manslaughter in a deal with prosecutors and was sentenced to life without the possibility of parole. Klinetobe was originally facing the death penalty in connection with the fatal stabbing of Jessica Rehfeld in 2015.
Prosecutors said Klinetobe was upset that Rehfeld broke up with him and convinced two other men to kidnap and kill her.
In his appeal, Klinetobe argued the judge who sentenced him abused her discretion and that the life term violates the Eighth Amendment’s prohibition against cruel and unusual punishment, the Rapid City Journal reported.
The justices unanimously rejected both arguments. Klinetobe convinced Richard Hirth and David Schneider to kill Rehfeld after he made up a story that the Hell’s Angels would pay an $80,000 bounty since she had information on the motorcycle gang, according to prosecutors.
After Hirth and Schneider kidnapped and stabbed her to death while pretending to give her a ride to work, Klinetobe helped them bury her body in the woods near Rockerville, officials said.
Two weeks later, he hired Garland Brown and Michael Frye to help him dig up Rehfeld’s body from the shallow grave and bury her farther into the woods and deeper underground. Everyone but Hirth has pleaded guilty and been sentenced.
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Alaska denied oil check benefits to gay couples, dependents
Court Watch |
2021/04/17 18:55
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Alaska discriminated against some same-sex spouses for years in wrongfully denying them benefits by claiming their unions were not recognized even after courts struck down same-sex marriage bans, court documents obtained by The Associated Press show.
The agency that determines eligibility for the yearly oil wealth check paid to nearly all Alaska residents denied a dividend for same-sex spouses or dependents of military members stationed in other states for five years after a federal court invalidated Alaska’s ban on same-sex marriage in 2014, and the Supreme Court legalized the unions nationwide in June 2015, the documents show.
In one email from July 2019, a same-sex spouse living out-of-state with his military husband was denied a check because “unfortunately the state of Alaska doesn’t recognize same sex marriage yet,” employee Marissa Requa wrote to a colleague, ending the sentence with a frown face emoji.
This Permanent Fund Dividend Division practice continued until Denali Smith, who was denied benefits appealed and asked the state to start including her lawyer in its correspondence.
Smith later sued the state, seeking an order declaring that state officials violated the federal court decision and Smith’s constitutional rights to equal protection and due process
Smith and the state on Wednesday settled the lawsuit. Alaska admitted denying benefits to same-sex military spouses and dependents for five years in violation of the permanent injunction put in place by the 2014 U.S. District Court decision. The state also vowed to no longer use the outdated state law, to deny military spouses and dependents oil checks going forward, and updated enforcement regulations.
There were no financial terms to the settlement. In fact, Smith had to pay $400 out of pocket to file the federal lawsuit to get her oil check, and her attorney worked pro bono.
In Alaska, the oil wealth check is seen as an entitlement that people use to buy things like new TVs or snowmobiles, fund college savings accounts or, in rural Alaska, weather high heating and food costs. The nest-egg fund, seeded with oil money, has grown into billions of dollars. A portion traditionally goes toward the checks, but the amount varies. Last year, nearly every single resident received $992. The year before, the amount was $1,606.
About 800 pages of emails provided by the state for the lawsuit show a clear misunderstanding or outright disregard of the 2014 precedent and reluctance to reach out to the attorney general’s office for guidance. |
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Judge from Mississippi civil rights murder trial dies at 79
Court Watch |
2021/04/08 14:45
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A private funeral will be held Friday for the Mississippi judge who handed down a life sentence to the white supremacist convicted of killing civil rights leader Medgar Evers.
Retired Hinds County Circuit Court Judge L. Breland Hilburn died Monday at the University of Mississippi Medical Center of complications from COVID-19, according to a news release from the state Administrative Office of Courts. He was 79.
Hilburn presided over the 1994 murder trial of former fertilizer salesman Byron De La Beckwith in the killing of Evers three decades earlier.
The Mississippi NAACP leader was shot to death in his own driveway shortly after midnight on June 12, 1963, while his wife and their three small children were inside the home in Jackson. President John F. Kennedy had given a televised speech about civil rights hours earlier. Prosecutors said Beckwith staked out the Evers home, waiting across the street to assassinate the World War II veteran.
Two all-white juries tried Beckwith in the 1960s, but they deadlocked and mistrials were declared. The case was reopened in the early 1990s after new witnesses came forward. In 1994, an integrated jury convicted Beckwith of murder, and Hilburn sentenced him to life in prison. Beckwith died in prison in 2001.
Hilburn retired May 31, 2002, after spending 30 years as a city, county or circuit judge. He continued working part-time in retirement as senior status judge until 2017 ? a position appointed by the state Supreme Court. In that role, Hilburn helped Hinds County deal with a long criminal docket when the jail was crowded with pretrial detainees.
William Gowan, another retired Hinds County circuit judge who has worked as a senior status judge, said in the state courts’ news release that Hilburn was “a public servant who could identify with the public.”
“He never tried to impress people with being a judge,” Gowan said. |
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Governor swears in newest Rhode Island state court judge
Court Watch |
2021/03/27 19:27
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The newest judge to the Rhode Island Superior Court was sworn in Saturday.
Democratic Gov. Dan McKee presided over the swearing in of R. David Cruise, a longtime political operative and state senator, at the Boys & Girls Club location in Cumberland.
McKee, a former Cumberland mayor who has known Cruise for years, said in a statement that he’s an “honest, fair and thoughtful leader who brings decades of legal and government experience to the bench.”
Cruise is a former state senator and Cumberland town councilor. In recent years, he’s served as former Gov. Gina Raimondo’s director of legislative affairs, former administrative magistrate with the Rhode Island Traffic Tribunal and chief of staff to the Rhode Island Senate, among other posts, according to McKee’s office.
In the 1990s, Cruise worked in the commerce department under President Bill Clinton and chief of staff to former Governor Bruce Sundlun. In the 1980s, he was a state senator and before that served on the Cumberland Town Council.
Cruise, who graduated from Providence College and the Suffolk University School of Law, replaces former Superior Court Judge Bennett Gallo, who retired in February.
The Rhode Island Superior Court has 22 judges and five magistrates. It handles both civil and criminal matters. |
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High court revives ex-student’s suit against Georgia college
Court Watch |
2021/03/08 14:27
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The Supreme Court is reviving a lawsuit brought by a Georgia college student who sued school officials after being prevented from distributing Christian literature on campus.
The high court sided 8-1 with the student, Chike Uzuegbunam, and against Georgia Gwinnett College. Uzuegbunam has since graduated, and the public school in Lawrenceville, Georgia, has changed its policies. Lower courts said the case was moot, but the Supreme Court disagreed.
Groups across the political spectrum including the American Civil Liberties Union had said that the case is important to ensuring that people whose constitutional rights were violated can continue their cases even when governments reverse the policies they were challenging.
At issue was whether Uzuegbunam’s case could continue because he was only seeking so-called nominal damages of $1.
“This case asks whether an award of nominal damages by itself can redress a past injury. We hold that it can,” Justice Clarence Thomas wrote for a majority of the court.
Writing only for himself, Chief Justice John Roberts disagreed. Roberts argued that the case brought by Uzuegbunam and another student, Joseph Bradford, is moot since the two are no longer students at the college, the restrictions no longer exist and they “have not alleged actual damages.”
Writing about the symbolic dollar they are seeking, Roberts said that: “If nominal damages can preserve a live controversy, then federal courts will be required to give advisory opinions whenever a plaintiff tacks on a request for a dollar.” He accused his colleagues of “turning judges into advice columnists.”
It appears to be the first time in his more than 15 years on the court that the chief justice has filed a solo dissent in an argued case. That’s according to Adam Feldman, the creator of the Empirical SCOTUS blog, which tracks a variety of data about the court.
Uzuegbunam’s lawyer, Kristen Waggoner of the Arizona-based Alliance Defending Freedom, a group that focuses on faith-based cases, cheered the ruling. “We are pleased that the Supreme Court weighed in on the side of justice for those victims,” she said in a statement.
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Feds drop legal battle over tribe’s reservation status
Court Watch |
2021/02/20 10:07
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The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts.
A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion.
In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case.
The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.”
“We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”
The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort.
The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law.
At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007.
U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal. |
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