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Oklahoma prosecutors allege abuse before boy's disappearance
Court Center |
2016/04/12 08:42
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An Oklahoma couple arrested in the 2006 disappearance of their 9-year-old nephew had beaten the boy until he lay motionless on a couch and then threatened the boy's brother into repeating a rehearsed story to authorities, prosecutors allege in an affidavit filed Tuesday.
Rex and Rebecca Clark were serving as foster parents to the brothers when Colton Clark disappeared in April 2006. In the affidavit filed by prosecutors, Colton Clark's older brother detailed abuse he said the couple inflicted on the siblings, saying they used broomsticks and extension cords to beat the boys and at times used a red-and-white cattle prod to deliver an electric shock to the boys' genitals. The brother told investigators that around the time Colton disappeared, his aunt and uncle had beaten Colton so badly that the older brother wasn't sure whether his younger brother was breathing.
Rex and Rebecca Clark have not been formally charged in Colton's disappearance, but arrest warrants for the couple filed last week allege first-degree murder, child abuse, child neglect and conspiracy to commit a felony. The prosecutor's office has said Colton is presumed dead, and investigators have been searching the Clarks' property hoping to find his remains. Sheriff's Investigator David Hanson wouldn't say Tuesday whether anything pertinent to the case had been discovered.
The couple appeared in court Tuesday before the affidavit was filed, and Judge George Butner ordered them to return to court next week. Defense lawyer Robert Butler said after the hearing he didn't object to the state holding the pair at this stage.
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Justice Thomas asks questions in court, 1st time in 10 years
Court Center |
2016/02/29 22:08
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Justice Clarence Thomas stunned lawyers, reporters and others at the Supreme Court on Monday when he posed questions during an oral argument for the first time in 10 years.
It was the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas' friend and fellow conservative. Thomas for years sat directly to Scalia's right. Scalia's chair is now draped in black in a tribute to his death on Feb. 13.
Thomas' questions came in case in which the court is considering placing new limits on the reach of a federal law that bans people convicted of domestic violence from owning guns.
With about 10 minutes left in the hourlong session, Justice Department lawyer Ilana Eisenstein was about to sit down after answering a barrage of questions from other justices. Thomas then caught her by surprise, asking whether the violation of any other law "suspends a constitutional right."
Thomas's unusual silence over the years has become a curiosity over the years. Thomas has previously said he relies on the written briefs and doesn't need to ask questions of the lawyers appearing in court.
Thomas last asked a question in court on Feb. 22, 2006. He has come under criticism for his silence from some who say he is neglecting his duties as a justice. The 10-year milestone of his courtroom silence came just days after Scalia's death. Thomas was one of only two people invited by Scalia's family to recite a prayer during the funeral Mass on Feb. 20.
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Supreme Court rejects NJ employees' appeal over pension fund
Court Center |
2016/02/29 22:08
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The Supreme Court is refusing to disturb a ruling from New Jersey's top court that sided with Gov. Chris Christie in a legal fight with public worker unions over pension funds.
The justices did not comment Monday in rejecting the unions' appeal. The high court order came less than three weeks after Christie ended his run for the Republican presidential nomination.
New Jersey's Supreme Court ruled last year that the state is obligated to pay individual retirees their pensions. But it overturned a lower court ruling that would have forced the state to come up with billions to pay promised pension benefits.
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German court ends fight over estate of Iran shah's 2nd wife
Court Center |
2016/02/21 22:10
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A German court has ruled that the estate of the former shah of Iran's second wife, Soraya Esfandiari-Bakhtiari, belongs to her late brother's ex-chauffeur.
The ruling announced Tuesday by the Cologne state court comes nearly 15 years after Soraya's death. She named as heir her brother, Bijan Esfandiari, who lived in Cologne and died days after her. The court ruled that a short will the brother wrote in a notebook, naming his former chauffeur and private secretary as his heir, is valid.
The man had spent several years disputing part of the inheritance with relatives of Soraya. The court didn't specify its value.
Soraya married Shah Mohammed Reza Pahlavi in 1951. Seven years later, the shah repudiated her in an Islamic divorce after they failed to have children. |
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Kansas considers giving governor more say in high court
Court Center |
2016/02/01 22:57
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Kansas lawmakers are considering giving the governor more authority over who is appointed to the state Supreme Court, which has been under increasing attacks by conservatives who say it is too liberal.
A proposed constitutional amendment to change the system received first-round approval in the House on Wednesday and advances to final action today. It needs approval from two-thirds of House members to advance to the Senate.
With major cases on school funding and abortion restrictions now pending before the high court, Republican Gov. Sam Brownback and his allies are seeking to change its makeup. Last year, Brownback openly campaigned against the retention of two state Supreme Court justices.
The state's high court judges are chosen by five attorneys and four representatives selected by the governor. The nonpartisan committee then chooses three finalists, with the governor making the final selection. A proposed constitutional amendment would change the system so that the governor would nominate justices, who would then be approved for the court by a majority of the Senate.
During debate Wednesday, opponents argued the move is drastic. Supporters argued that the current process is undemocratic.
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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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