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Not guilty pleas entered in Lake Coeur d'Alene boat crash
Legal Watch | 2017/09/01 08:59
A former Spokane advertising executive has pleaded not guilty to charges related to a boat crash on Lake Coeur d'Alene, Idaho, that killed three people last year.

The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.

The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.

The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.

In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.

Sweat was a passenger on Magner's boat at the time of the crash.

The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.


Otter appoints new justice to Idaho Supreme Court
Legal Watch | 2017/08/28 14:55
Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.

Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.

Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.

Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.



German court sends ECB challenge to European court
Legal Watch | 2017/08/15 23:07
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.



Mizzou's Howard arrested again for failing to appear in court
Legal Watch | 2017/08/14 23:07
Missouri defensive end Nate Howard, already suspended and facing a felony drug charge, was arrested again Monday night by UMPD for an out-of-county warrant for failing to appear in court for a speeding ticket in Montgomery County.

Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.

Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.

Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.

Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.



German court orders sentence enforced in Chile abuse case
Legal Watch | 2017/08/06 23:08
A court in western Germany has ruled that a German man must serve the sentence of a Chilean court for his role in the sexual abuse of children at a secretive German colony in Chile.

The dpa news agency reported Monday that the court in the town of Krefeld said Hartmut Hopp must serve in Germany the five-year sentence given to him by a Chilean court in 2011 for 16 counts of aiding in the sexual abuse of children.

The crimes took place at the Colonia Dignidad enclave, where residents were physically and psychologically abused for three decades beginning in 1961 after moving there from Germany.

Hopp fled to Germany before the verdict took legal effect. The 73-year-old denies the charges and his attorney says he will appeal the ruling.


Court raises chances of diesel bans in German city
Legal Watch | 2017/07/30 14:06
A court opened the door on Friday for possible bans on older diesel cars in the German city of Stuttgart, a major auto industry center, upholding a complaint by an environmental group.

The city's administrative court ordered the state government in Baden-Wuerttemberg to rework a plan to improve the air quality in Stuttgart, saying that it wouldn't bring improvements sufficiently fast, news agency dpa reported.

The state has been trying to avoid unpopular bans on diesel cars thanks to automakers' pledges to retrofit vehicles. But judge Wolfgang Kern said that a year-round ban would the most effective way of keeping to permitted nitrogen dioxide levels, which Stuttgart often exceeds.

The Environmental Action Germany group challenged a clean air plan for Stuttgart that is due to take effect in January.

Friday's ruling leaves open whether, when and how diesel models might be banned. But it increases pressure on German politicians at a time when diesel is under intense scrutiny.

The industry is currently looking for a way out of persistent troubles over excessive diesel emissions, and the government is hosting a meeting with auto bosses next week to discuss ways to reduce them.


Indiana's newest Supreme Court justice joins high court
Legal Watch | 2017/07/25 16:50
Former Wabash County Superior Court Judge Christopher Goff was sworn in Monday as Indiana's newest state Supreme Court justice, joining a high court that's been completely remade since 2010 following a series of retirements.

Chief Justice Loretta Rush administered the oath of office for Goff during the swearing-in at the court's Statehouse offices.

Goff, 45, is now the court's youngest member. He succeeds Justice Robert Rucker, who retired in May after 18 years on the court. Rucker retired five years before reaching the court's mandatory retirement age of 75. In 1999, he became only Indiana's second black justice when Democratic Gov. Frank O'Bannon named him to the high court.

All five justices are now white and all have been appointed since 2010 by Republican governors to replace justices who retired.

Goff joins Rush and justices Steven David, Mark Massa and Geoffrey Slaughter on the court.

Gov. Eric Holcomb will preside over a ceremonial oath and public robing ceremony on Sept. 1 for Goff, who is expected to hear his first oral arguments with the court on Sept. 7.

Holcomb chose Goff in June to fill the court's vacancy from among three finalists selected by Indiana's Judicial Nominating Commission.



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