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Minnesota court upholds aiding suicide conviction
Court Center | 2012/07/18 23:31
The Minnesota Court of Appeals on Tuesday upheld the convictions of a former nurse who hunted for suicidal people in online chat rooms and encouraged two to kill themselves, saying his actions were not protected speech.

William Melchert-Dinkel, 49, of Faribault, was convicted in 2011 of two counts of aiding suicide. He acknowledged that what he did was morally wrong but argued that he merely exercised his right to free speech. The appeals court disagreed.

"We are confident that the Constitution does not immunize Melchert-Dinkel's morbid, predatory behavior simply because it appears in the form of written words," the justices' 31-page decision said.

Melchert-Dinkel's attorney, Terry Watkins, said that while his client's actions are unsavory, he still believes they are protected by the First Amendment. He plans to appeal to the state Supreme Court.


Report: Syracuse sex-abuse probe prompt but flawed
Court Center | 2012/07/06 22:08
Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.


Court knocks down BASF, Shell Brazil payment
Court Center | 2012/07/05 09:20
Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.

An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.

A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.

Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.
 


Report: Okla. court shooting suspect delusional
Court Center | 2012/07/03 09:19
Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.

Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.

Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World  reported.

Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.


Massive LA County court layoffs to begin Friday
Court Center | 2012/06/15 18:28
Squeezed by state budgets cutbacks, the Los Angeles County court system is launching massive job layoffs, pay cuts and transfers, court officials said Thursday.

Cutbacks that will be implemented Friday will affect 431 court employees and 56 courtrooms throughout the nation's largest superior court system.

Presiding Judge Lee Smalley Edmon bemoaned the loss of longtime employees as well as the impact on public services.

"We are laying off people who are committed to serving the public," she said. "It is a terrible loss both to these dedicated employees and to the public."

The union representing state and municipal employees called Friday's action a "freeze on justice in Los Angeles" and warned that the county would experience "an end to timely justice" with cases being delayed for years, particularly in civil courts.

The American Federation of State, County and Municipal Employees — AFSCME — planned to have representatives on hand to assist employees who will not know they are losing their jobs until they are informed individually Friday.

A spokeswoman for the California Judicial Council said other courts in the state will also be impacted by the budget cuts but will handle them individually. Los Angeles' court system, as the largest, will be the most heavily affected.

Edmon said the drastic actions are the result of a state mandate to reduce annual spending by $30 million. She noted that earlier reductions already saved $70 million, but more cuts in state support for trial courts are scheduled for the next fiscal year.


Texas high court orders state to pay ex-inmate $2M
Court Center | 2012/05/20 05:26
The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.

Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.

The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.

Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.

"The floodgates are not opening, but what this will do is give a fair shake to people who are innocent," Blackburn said. "This is a major step forward in terms of opening up and broadening the law of exoneration in general."

Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity.


'Octomom' bankruptcy case thrown out of court
Court Center | 2012/05/15 05:25
A judge threw out "Octomom" Nadya Suleman's bankruptcy claim Tuesday after she failed to file the proper paperwork to show she can't pay as much as $1 million in debt.

That means creditors can move to collect what they say they're owed, and a pending foreclosure can go ahead against the La Habra, Calif., house Suleman lives in with her 14 children, according to The Orange County Register.

Suleman's case was thrown out because she didn't file a dozen financial documents and statements required to prove bankruptcy. In her initial filing April 30, Suleman estimated that she owed as much as $1 million that she is unable to repay.

Suleman had sought protection from her debts under Chapter 7 bankruptcy, which means a court-appointed trustee would have liquidated her assets to pay off creditors before she is discharged from most of her debts. According to the filing, she owed money to more than 20 parties, including utility companies, her father and a Christian school.


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