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Fraternity brothers due in court in pledge's fatal fall
Court Center |
2017/06/10 21:33
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Members of a Penn State fraternity facing charges related to the death earlier this year of a pledge after a night of heavy drinking are due in court Monday for a hearing about whether there's enough evidence to head to trial.
Prosecutors in the case against the now-shuttered Beta Theta Pi chapter and 18 of its members are leaning heavily on video surveillance recordings made the night 19-year-old sophomore engineering student Tim Piazza was injured in a series of falls at the fraternity after a pledge acceptance ceremony that included heavy drinking.
The defendants face a variety of charges, with eight accused of dozens of crimes, including involuntary manslaughter and felony aggravated assault, while five others are accused only of a single count of evidence tampering.
Centre County District Attorney Stacy Parks Miller says prosecutors will play video in court, and she expects the hearing to last all or most of the day.
Authorities have said members of the fraternity resisted summoning help until well into the next morning.
A grand jury report described how members of the fraternity carried Piazza's limp body upstairs, poured liquid on him and even slapped him on the face. When one of them argued to call for medical help, he was confronted and shoved into a wall, the grand jury said.
Piazza, of Lebanon, New Jersey, died at a hospital Feb. 4 from traumatic brain injury and had suffered severe abdominal bleeding. His blood-alcohol measured at a dangerous level.
"I believe this is a case where the defendants have been overcharged by the district attorney's office," said defense attorney Michael Engle, whose client Gary DiBileo, 21, faces 56 counts, including involuntary manslaughter. "We hope to develop more information during the preliminary hearing process, and beyond, that will demonstrate that many of the charges in this case are just not applicable to the conduct."
Engle said DiBileo, a junior from Scranton who recently withdrew from Penn State, was said by a witness to have advocated for calling an ambulance at some point.
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Court sides with towns over utilities in tax dispute
Court Center |
2017/06/05 01:47
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Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.
Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 and 2012, but the state Board of Tax and Land Appeals rejected most of those requests, and the utilities appealed.
The utilities argued that towns' property tax assessments were too high and that their property taxes instead should be based on a valuation formula used by the state Department of Revenue Administration in levying a separate utility tax.
In the ruling released Friday, the court sided with the towns, though it said it was troubled by substantial differences in assessments by towns for property tax purposes and assessments by the state for utility taxes. The court said such disputes could be avoided by adopting a uniform appraisal method, a decision for the Legislature, not the courts.
Eversource spokesman Martin Murray said the company has a duty to dispute valuations made by communities the company considers extreme outliers compared to the state assessments. He said the company remains concerned about the wide discrepancies.
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Court filing questions innocence panel insistence on secrecy
Court Center |
2017/06/04 18:47
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As a man convicted of murder tries to prove to the North Carolina's innocence commission that he didn't commit the crime, his attorney says the commission has misled a judge in order to keep its files secret, causing delays in the case.
Attorney Chris Mumma represents Robert Bragg, who's serving a sentence of life without parole for a 1994 slaying. Bragg contends he's innocent. Last September his case came before the North Carolina Innocence Inquiry Commission, a state agency established to investigate and evaluate post-conviction innocence claims. The commission referred it to a three-judge panel, which is scheduled to hold a hearing in July — 10 months after the original commission hearing and two months after the original May hearing date.
The delay came, in part, as Bragg's attorney fought a protective order that the commission said was necessary to shield a confidential investigative file. The commission said evidence in the file was obtained through methods that require it to be kept under a stricter level of judicial protection than other criminal investigative files.
But in a court filing, Mumma says the commission misrepresented the file's contents. In fact, only one protective order was found in the documents, and defense attorneys already had received that file, Mumma said in the court filing last month in Bragg's case.
While Mumma now has the full commission file and can use it in this appeal, the protective order means she can't use it again in the future without seeking a judge's permission.
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Supreme Court strikes down 2 NC congressional districts
Court Center |
2017/05/23 07:42
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The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.
The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.
Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.
The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."
States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.
A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.
The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."
The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.
The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.
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Former County Sheriff Joe Arpaio loses another round in court
Court Center |
2017/05/23 07:42
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An appeals court has rejected former Sheriff Joe Arpaio's bid to have a jury, rather than a judge, decide whether he is guilty of a criminal contempt-of-court charge for disobeying a court order in a racial profiling case.
The 9th Circuit Court of Appeals ruled Thursday that Arpaio didn't show that his request warranted its intervention in the case.
The former six-term sheriff of metro Phoenix faces the misdemeanor charge for defying a 2011 court order in a racial profiling case to stop his signature immigration patrols.
Arpaio has acknowledged prolonging the patrols, but insists his disobedience wasn't intentional. If convicted, the 84-year-old could be sentenced up to six months in jail. His trial is scheduled to begin on June 26.
Family of Colorado man killed by police settles lawsuit
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.
The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.
Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.
Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.
The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.
A court filling from this week does not show the terms of the settlement.
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Texas advances new abortion limits despite court defeats
Court Center |
2017/05/18 14:41
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Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.
The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.
Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.
The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.
Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy. |
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New Mexico Supreme Court won't restore funds to Legislature
Court Center |
2017/05/11 13:18
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The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.
In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.
The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.
The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.
The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.
Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.
Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.
"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.
For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.
The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances.
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