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Supreme Court won't reinstate $250K award in police shooting
Legal Line News | 2015/10/20 15:31
The Supreme Court will not reinstate a $250,000 award to the father of a suspected marijuana user in Maryland who was killed by police in a middle-of the-night raid.

The justices on Monday left in place a court ruling that overturned the jury award in the death of Andrew Cornish in 2005. A SWAT team entered Cornish's apartment in Cambridge,

Maryland, at 4:30 a.m. with a search warrant to look for marijuana.

The jury found that police violated Cornish's constitutional rights by failing to "knock and announce" their presence before going inside.

A lawsuit filed by Andrew Kane over his son's death argued that Cornish was awakened by the intrusion, grabbed a knife for protection and was shot in the head seconds later.



Federal court programs aim to keep defendants out of prison
Legal News Feed | 2015/10/19 15:31
Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.

Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.

"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."

Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.

About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.

"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."

Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.



Court records: Ohio man on electronic monitor raped teen
Legal News | 2015/10/18 00:42
While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
 
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.

He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.

Court records don't list an attorney for Jackson.

State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.

Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.



Thousands turn up at court to support Catalan leader
Legal Line News | 2015/10/16 00:42
Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
   
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.

Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.

Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.

The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.



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