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Penn State ex-officials' case heads to appeals court hearing
Court News | 2015/07/14 09:27
A long delayed criminal case against three former Penn State administrators accused of covering up complaints about Jerry Sandusky is heading to a Pennsylvania courtroom next month, but not for trial.

Superior Court — a state appeals court — last week scheduled oral argument before a three-judge panel in Harrisburg for Aug. 11 to consider the claims by Graham Spanier, Tim Curley and Gary Schultz regarding a county judge's decision earlier this year.

If upheld, the judge's order could clear the way for trial in the matter that has gone on for nearly four years without a trial date being set.

The appeals court file has been sealed, but the online docket indicates the men are appealing a January order by Dauphin County Judge Todd Hoover that rejected arguments they had made about the fairness and legality of the grand jury investigation that resulted in charges.

All three defendants held high-ranking positions at the university in 2011, when Sandusky, the former assistant football coach, was charged with sexual abuse of children; Spanier was president, Schultz was vice president for business and finance and Curley was athletic director.



Jury: Court gunman's relatives guilty of cyberstalking
Court News | 2015/07/13 09:26
A federal jury says the death of a woman who was shot by her former father-in-law a Delaware courthouse in 2013 was the result of cyberstalking by the gunman's widow and children.

Jurors on Friday found former optometrist David Matusiewicz; his mother, Lenore; and his sister, Amy Gonzalez, guilty of conspiracy and stalking resulting in the death of David's ex-wife, Christine Belford.

Justice Department officials have said they believe there is no precedent for a person being convicted on federal charges of cyberstalking resulting in death, which carries a possible life sentence.

Belford and a friend were killed by David's father, Thomas Matusiewicz, who then exchanged gunfire with police before killing himself.

The defendants will remain in custody pending sentencing, which is scheduled for Oct. 15.



Appeals court upholds parts of Arizona ethnic studies ban
Court News | 2015/07/09 21:01
A federal appeals court on Tuesday kept alive a legal challenge brought by former students who sued Arizona over a ban on ethnic studies in public schools and who will have a new chance to argue the law discriminates against Mexican Americans.

The 9th U.S. Circuit Court of Appeals in San Francisco upheld most of a lower court's decision. But it sent the case back to a federal court in Tucson, where a judge will decide whether the ban was enacted with discriminatory intent in violation of the U.S. Constitution.

Attorneys for the students claimed victory based on the part of the ruling that provides them new opportunity to go before a judge and make their case on a key provision of their argument. A spokesman for the Arizona Attorney General's Office said the agency was still reviewing the ruling and did not have immediate comment.

The law was passed by the Arizona Legislature in the same session that lawmakers enacted the landmark immigration legislation known as SB1070. It shuttered the Tucson Unified School District's popular Mexican-American studies program, sparking protests from students who they benefited from the courses. The majority of students in the district are Hispanic. The program taught them about historic events relating to the Mexican-American experience such as their indigenous roots and the Mexican Revolution.




Appeals court hears arguments over Garner grand jury record
Court News | 2015/06/10 16:06
An appeals court is revisiting the issue of whether the grand jury record in the Eric Garner chokehold death case should stay sealed.
 
The three-judge panel is scheduled to hear arguments Tuesday morning in Brooklyn.

A judge on Staten Island had ruled in March that the records would remain under seal. The parties seeking the release of the minutes appealed. They include the New York Civil Liberties Union, Legal Aid Society and the Public Advocate's office.

Officers stopped Garner last summer on suspicion of illegal cigarette sales. In the course of taking him into custody, an officer wrapped his arm around Garner's neck. Garner lost consciousness and died.

The NYCLU and others had asked the court to order the Staten Island district attorney to release the grand jury transcript.


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