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Mental health court established for offenders on probation
Law Firm Business |
2017/08/03 23:09
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A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.
Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.
People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.
The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.
The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.
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Court: Indiana layoffs of older workers not discrimination
Headline News |
2017/07/31 07:05
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A federal appeals court has ruled against 20 former Lake County employees who claimed their layoffs were driven by age discrimination.
The Seventh Circuit Court of Appeals in Chicago ruled Wednesday that the plaintiffs, many of whom are now in their 70s and 80s, weren't victims of deliberate discrimination.
The Northwest Indiana Times reports falling tax revenues prompted county officials to terminate or send into early retirement employees older than 65 with promises that included a Medicare supplemental insurance plan.
But they later learned that insurance plan was only for retirees and opted to terminate the older workers in 2013 rather than buy another plan.
The court found the county wasn't practicing unlawful age discrimination because it retained a larger group of older employees not covered by that insurance.
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Court raises chances of diesel bans in German city
Legal Watch |
2017/07/30 14:06
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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. |
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Court: Violence law unfair to gay South Carolina couples
Court Center |
2017/07/29 14:05
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People in same-sex relationships in South Carolina should get the same legal protections against domestic violence as heterosexual couples, the state's highest court ruled Wednesday, deeming a portion of the state's domestic violence law unconstitutional.
The court was asked to weigh in after a woman tried to get a protective order against her former fiancée, also a woman, and was denied.
Current law defines "household members" as a spouse, former spouse, people with a child in common, or men and women who are or have lived together. It does not include unmarried same-sex couples.
Acting Justice Costa Pleicones, who wrote the majority opinion, said during oral arguments in March 2016 that he felt the law was "pretty clearly unconstitutional in its discriminatory impact upon same-sex couples."
In his opinion, Pleicones pointed out lawmakers have over the years addressed the definition of "household members" as covered under domestic violence protections in 1994, amending the language from "persons" living together to "male and female." In 2015, during a massive overhaul of South Carolina's criminal domestic violence law, legislators made changes including increasing penalties for offenders but left the gender-based definition intact.
The U.S. Constitution's Equal Protection Clause, the court wrote, states, "No state shall ... deny any person within its jurisdiction the equal protection of the laws," such as a benefit offered to one class of person but not others.
"In this case, we cannot find a reasonable basis for providing protection to one set of domestic violence victims - unmarried, cohabiting or formerly cohabiting, opposite-sex couples - while denying it to others," the court wrote.
Other states have addressed this issue since the U.S. Supreme Court's 2015 decision legalizing gay marriage nationwide. The Ohio Supreme Court in 2016 adopted the use of gender-neutral references in family court cases. California and Massachusetts proactively changed language in their laws. |
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Texas Executes TaiChin Preyor, Who Said Lawyer Used Wikipedia
Court Center |
2017/07/27 14:06
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The state of Texas executed TaiChin Preyor on Thursday night after the U.S. Supreme Court refused to hear a last-minute appeal.
Preyor, 46, was put to death by lethal injection at a state corrections unit in Huntsville in the fatal stabbing of Jami Tackett during a drug-related robbery in 2004, The Associated Press reported. He claimed he acted in self-defense but was convicted of capital murder.
Preyor had argued that a previous attorney collaborated with a disbarred lawyer, relied on Wikipedia and double-billed his family and the court.
The attorney who handled Preyor's initial appeal was a real-estate specialist from Beverly Hills, Calif., who partnered with a man who had been disbarred for incompetence 15 years earlier — without informing the court, Preyor said in his latest motions.
"The federal habeas petition the duo filed in the District Court was so facially inadequate that it subsequently became its own ironic meme, circulated among habeas attorneys as an example of what not to do," Preyor's eleventh-hour appeal argued.
The California attorney had never appeared in a case in Texas state court, and a 2014 printout in her files showed that she did not do research about the death penalty in Texas until it was too late.
"It appears she relied on Wikpedia, of all things, to learn the complex ins and outs of Texas capital-punishment law," the motion reads.
"Her files included a copy of the Wikipedia page titled, 'Capital punishment in Texas,' with a post-it note stating 'Research' next to highlighted passages of 'habeas corpus appeals' and 'subsequent or successive writ applications.'"
Preyor's mother paid the duo $45,000 for their services, but the lawyer also billed the court for representing Preyor, the motion said.
"Preyor cannot be bound by the acts of two incompetent charlatans," the new lawyers wrote in their Supreme Court petition. The previous attorney did not respond to a request for comment.
In its response to Preyor's appeal, the state said the inmate failed to show that what his ex-lawyer did "amounts to fraud on the court." The state also said Preyor had waited too long to make his claim, which was filed two weeks before his execution.
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Vietnamese activist sentenced to 9 years in prison
Court Center |
2017/07/25 16:50
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A Vietnamese court on Tuesday sentenced an activist to nine years in prison on charges of producing videos that defamed the country’s leadership, in the latest crackdown on dissent.
Tran Thi Nga was convicted of spreading propaganda against the state in the one-day trial at the People’s Court in Ha Nam province in northern Vietnam, her lawyer said.
Nga, 40, campaigned against environmental pollution, police brutality and illegal land confiscation, and called for a tougher stance toward China’s assertive territorial claims in the South China Sea.
The court also imposed five years of house arrest following her prison term, lawyer Ha Huy Son said.
“I think this is an unjust verdict,” Son said. “She did not commit the crime for which she was convicted by the court.” |
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Indiana's newest Supreme Court justice joins high court
Legal Watch |
2017/07/25 16:50
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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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