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Kansas court upholds death sentence for sheriff's killing
Court News | 2016/07/27 12:48
The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.

Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.

An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."

Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.

The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.



Philippine court clears Arroyo of plunder, orders her freed
Court News | 2016/07/22 12:49
The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.

The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.

Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."

She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.

"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."

Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.

Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.



Candidate filing begins Monday for appeals court seat
Court News | 2016/07/07 08:33
Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



Court orders release of Chicago police disciplinary records
Court News | 2016/07/03 08:33
An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.




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