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Man charged with killing Maine couple on Christmas in court
Legal News Feed |
2017/07/10 08:47
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The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.
Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manchester. His case is scheduled for a court conference on Thursday.
A judge granted a request from Marble's attorney in April to move the trial from Kennebec County to Cumberland County due to the publicity the case has received.
A court spokeswoman says the trial has not yet been scheduled. Marble's attorney made the case that finding an impartial jury in Kennebec County would be difficult. Marble has pleaded not guilty to the charges. |
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Supreme Court deadline nears for suit over wetland loss
Court News |
2017/07/04 08:47
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A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless. |
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Supreme Court could reveal action on travel ban at any time
U.S. Court News |
2017/06/23 10:01
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The Supreme Court has almost certainly decided what to do about President Donald Trump's travel ban affecting citizens of six mostly Muslim countries.
The country is waiting for the court to make its decision public about the biggest legal controversy in the first five months of Trump's presidency. The issue has been tied up in the courts since Trump's original order in January sparked widespread protests just days after he took office.
The justices met Thursday morning for their last regularly scheduled private conference in June and probably took a vote about whether to let the Trump administration immediately enforce the ban and hear the administration's appeal of lower court rulings blocking the ban.
The court's decision could come any time and is expected no later than late next week, after which the justices will scatter for speeches, teaching gigs and vacations.
Exactly when could depend on whether there are justices who disagree with the outcome and want to say so publicly. It might take time for such an opinion to be written — and perhaps responded to by someone in the majority.
It takes five votes to reinstate the ban, but only four to set the case for argument. Justice Neil Gorsuch, Trump's nominee who was confirmed in April, is taking part in the highest-profile issue yet in his three months on the court.
The case is at the Supreme Court because two federal appellate courts have ruled against the Trump travel policy, which would impose a 90-day pause in travel from citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the ban was "rooted in religious animus" toward Muslims and pointed to Trump's campaign promise to impose a ban on Muslims entering the country as well as tweets and remarks he has made since becoming president.
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High court rejects new trial request in Boston murder case
U.S. Court News |
2017/06/23 10:01
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The Supreme Court on Thursday ruled against a Boston man seeking to overturn his murder conviction because his lawyer failed to object when the trial judge closed the courtroom during jury selection.
Justice Anthony Kennedy said in the 7-2 ruling that the error Kentel Weaver's lawyer committed did not appear to affect the outcome of the case. Weaver was found guilty in the 2003 murder of a 15-year-old boy.
The lawyer's failure to object prevented Weaver's mother and others from watching what should have been a public jury selection process. The judge had closed the courtroom because it was overcrowded.
Weaver's lawyer later testified that he mistakenly believed closing the court for jury selection was permitted. In fact, it violates the Sixth Amendment right to a public trial.
But Kennedy said Weaver did not show a "reasonable probability of a different outcome but for counsel's failure to object." He said the lawyer's shortcomings did not lead to a "fundamentally unfair trial."
Weaver was only 16 years old at the time of murder. Prosecutors said the victim, Germaine Rucker, was attacked by a group of men and boys after selling some jewelry to a woman, and was shot twice.
Witnesses saw a boy wearing a baseball cap pull a pistol from his pants leg. The cap fell off and was recovered by police, who discovered Weaver's DNA on it. Weaver confessed to his mother, and later, to police when his mother brought him to the police station.
Before trial, the judge ordered the courtroom closed because it was overcrowded with 90 prospective jurors, forcing some to stand in the hallway. Weaver's mother and a friend tried to get in but were refused entry.
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