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Florida Supreme Court denies stay of execution
Court Center |
2015/12/26 00:33
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The Florida Supreme Court has denied a stay of execution for a 53-year-old convicted killer from the Tampa Bay area. The court's late Wednesday decision regarding the case of Oscar Ray Bolin was posted on its website Thursday morning. The court did not offer any explanation or discussion for its ruling.
Oscar Ray Bolin is scheduled for execution on Jan. 7. He and his lawyers filed a motion Tuesday with the state's highest court, saying that he plans to appeal to the U.S. Supreme Court.
On Dec. 17, the state court denied Bolin's appeal based on alleged new evidence. The court ruled Bolin should be put to death for the December 1986 murder of Teri Lynn Matthews. Matthews was abducted in Pasco County, raped and then beaten and fatally stabbed.
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Court turns down appeal for Harvey family killer
Court Center |
2015/12/24 00:32
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A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.
Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.
Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.
The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.
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2 charged in pastor's wife killing say little in court
Court Center |
2015/12/02 07:03
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy. |
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Rick Perry indictment goes before Texas' top criminal court
Court Center |
2015/11/18 16:20
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Former Texas Gov. Rick Perry wants the state's highest criminal court to dismiss felony charges against him that the Republican has partly blamed for his failed 2016 presidential bid.
The Texas Court of Criminal Appeals will hear arguments Wednesday about whether Perry should stand trial on charges of abusing his power while still governor. He's called the case a politically motivated attack that dampened his short-lived run for the White House.
A grand jury indicted Perry last year for making good on a threat to veto local funds after the Travis County district attorney refused to resign following a drunken-driving conviction.
Perry was originally indicted on two felony counts, but a lower court has already thrown out one of the charges. The court is not expected to rule immediately.
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Mississippi Supreme Court narrowly grants same-sex divorce
Court Center |
2015/11/06 23:03
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The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.
Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.
On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.
In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.
Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.
Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.
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Georgia man accused in hot car death to appear in court
Court Center |
2015/10/12 22:01
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A Georgia man accused of killing his toddler son by leaving him in a vehicle on a hot day is set to appear in court for a hearing.
Cobb County Superior Court Judge Mary Staley is set to hear arguments on pretrial motions Monday in the case of Justin Ross Harris.
Police have said Harris left 22-month-old Cooper in an SUV for about seven hours on a day when temperatures reached at least the high 80s in the Atlanta area. He faces multiple charges, including malice murder, felony murder and cruelty to children.
Harris has been in custody since June 18, 2014, the day his son died. He was indicted in September 2014 and has pleaded not guilty. His attorneys have said the child's death was a tragic accident.
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Arkansas court tosses conviction in woman's meth case
Court Center |
2015/10/02 21:59
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The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.
In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.
But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.
"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."
The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.
"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."
Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.
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