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High court struggles over government freeze on assets
Legal Line News |
2015/11/09 22:21
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The Supreme Court is struggling over whether the government can freeze the financial assets of people accused of crimes even if the money is not directly tied to criminal activity and is needed for defense.
Several justices on Tuesday appeared sympathetic to arguments that federal prosecutors violated the constitutional rights of a Miami woman accused of Medicare fraud when they put a hold on $45 million in assets that included money unrelated to the charges.
A lawyer representing Sila Luis says the forfeiture deprives her of the right to hire a defense attorney of her choice.
But the court also seemed troubled that a defendant could simply spend the money tied to a crime and leave the government with nothing to recover if there is a conviction. |
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Supreme Court troubled by DA's rejection of black jurors
Court News |
2015/11/04 09:38
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The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.
At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.
Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.
Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.
Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.
Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing.
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Supreme Court considers if Pistorius guilty of murder
Court News |
2015/11/04 09:38
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South Africa's Supreme Court of Appeal grilled Oscar Pistorius' attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court's manslaughter conviction or order a retrial.
Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, and that the double-amputee Olympian should have known that someone could be killed when he fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine's Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.
One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn't think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.
"If you look at the photographs, there's room behind there for a toilet bowl and a person and just about nothing else," Justice Lorimer Leach said to defense lawyer Barry Roux. "There's nowhere to hide. It would be a miracle if you didn't shoot someone." |
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Woman charged in slayings of Connecticut couple due in court
U.S. Court News |
2015/11/03 09:38
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A Connecticut woman accused of conspiring with her boyfriend to kill his parents when they were considering cutting him out of their will is scheduled to make her first court appearance.
Jennifer Valiante of Westport is expected to be arraigned Monday in Bridgeport Superior Court on charges including conspiracy to commit murder and hindering prosecution. It's not clear if she has a lawyer.
Her boyfriend, 27-year-old Kyle Navin of Bridgeport, is facing murder charges in the slayings of his parents, Jeanette and Jeffrey Navin of Easton. His arraignment hasn't been set. His lawyer declined to comment.
The Navins disappeared Aug. 4 and their bodies were found Thursday in Weston.
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