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Court calls on jailer to resign; cites poor conditions
Court News |
2018/01/01 09:22
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A court in Kentucky has called for a county jailer to resign, citing several recent incidents at the jail that include what the court viewed as substandard living conditions, along with multiple escapes and overdoses.
Judge-Executive Steve Towler and county commissioners approved a resolution requesting that Boyd County Jailer Joe Burchett step down, the Independent reported Wednesday. Burchett was not present at the meeting. He is an elected official, so he can't be fired.
"The jailer shall have the custody, rule and charge of the jail in his county and must keep the jail comfortably warm, clean and free from nauseous odors," the resolution states. "There have been numerous incidents over the past several months evidencing the current Boyd County jailer's failure to adhere" to those requirements.
The incidents have created a threat to personal safety and security for county residents, Towler said.
Commissioner John Greer said he hoped that Burchett would "see the light and retire," but he noted that it is "totally his decision."
Four maximum-security prisoners escaped from the jail on Dec. 28. Two of the four inmates have been captured.
Last month, Boyd Commonwealth's Attorney Rhonda Copley announced the existence of an investigation into possible malfeasance by Burchett. Malfeasance is a misdemeanor charge. Under state law, if any elected county official is convicted of the charge, that person's office would be declared vacant. |
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State high court won't hear Mateen Cleaves sex assault case
Lawyer News |
2017/12/28 09:22
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The Michigan Supreme Court has declined to review a judge's decision to reinstate sexual assault charges against former Michigan State basketball star Mateen Cleaves.
The state's high court on Wednesday joined three Michigan Court of Appeals judges, who in August denied Cleaves' request. Earlier, Genesee County Judge Archie Hayman reinstated the case against Cleaves, who faces charges including unlawful imprisonment and second-degree criminal sexual conduct.
The case is expected to return to county court for trial. Cleaves is accused of assaulting a woman after a charity golf event and a visit to a Flint-area bar in 2015.
Defense attorney Frank Manley says he remains "confident" Cleaves will be "vindicated."
Cleaves, a Flint native, led Michigan State to the NCAA basketball championship in 2000 and played for four NBA teams. |
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Ohio court to hear big online school's funding case Feb. 13
Court Watch |
2017/12/27 09:24
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The Ohio Supreme Court will hear arguments in February over the state's efforts to recoup $60 million from one of the nation's largest online charter schools.
The Electronic Classroom of Tomorrow is challenging how officials tallied student logins to determine that the virtual school was overpaid for the 2015-16 school year.
The state says that ECOT didn't sufficiently document student participation to justify its funding and could owe millions more from 2016-17.
The court has scheduled oral arguments in the case for Feb. 13.
The e-school has said it could be forced to close in early 2018, in the middle of the school year, if the court doesn't intervene. ECOT said such a closure would affect almost 12,000 students and eliminate more than 800 jobs. |
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Spanish court reviews custody of ex-Catalan vice president
Court Watch |
2017/12/25 09:23
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A Spanish court is reviewing an appeal by former Catalan Vice President Oriol Junqueras against his jailing as he awaits formal charges over possible rebellion, sedition and embezzlement in the restive region's recent drive for independence from Spain.
A panel of three Supreme Court judges will decide Thursday on whether to keep Junqueras in custody or grant bail, which would ease the way for him to take his oath as a regional lawmaker and possibly become the new Catalan leader.
Spanish Prime Minister Mariano Rajoy deposed Catalonia's government after separatist legislators passed a declaration of independence from Spain in late October.
Pro-secession parties, including a ticket led by the fugitive ousted president Carles Puigdemont and the left-republican party led by Junqueras, won back most seats in fresh elections last month. |
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Top German court rejects ex-Auschwitz guard's prison appeal
Court News |
2017/12/24 09:24
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Germany's highest court said Friday it has thrown out a bid by a 96-year-old former Auschwitz death camp guard for a reprieve on serving his sentence as an accessory to murder.
Oskar Groening was convicted in July 2015 of being an accessory to the murder of 300,000 Jews and sentenced to four years in prison. A federal court rejected his appeal against the conviction last year.
Groening has remained free during a dispute over his fitness for prison. Prosecutors argued that he is fit to serve time so long as there is appropriate medical care, and regional courts threw out appeals against their decision.
Germany's Federal Constitutional Court said it has now rejected a complaint arguing that Groening's fundamental right to life and physical safety was being violated. In the ruling dated Dec. 21 and released Friday, it said it saw no constitutional reason to question the lower courts' rulings.
The supreme court noted that German law allows for prison sentences to be interrupted if a detainee's health deteriorates significantly.
It wasn't immediately clear when Groening will be formally summoned to start serving his sentence, but he isn't expected to go to prison before the new year.
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Travel ban is headed back to a federal appeals court in Virginia
Attorney Career |
2017/12/14 10:06
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Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.
The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.
The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.
Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.
Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.
The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.
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