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Supreme Court will weigh banning homeless people from sleeping outside
U.S. Court News | 2024/04/22 12:11
The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States.

In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking.

A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions.

But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases.

Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.”

The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go.

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.


The Man Charged in an Illinois Attack That Left 4 Dead Is Due Back in Court
U.S. Court News | 2024/04/02 16:40
A northern Illinois man charged with killing four people and injuring seven others by stabbing, beating and driving over them is expected back in court on Tuesday.

A judge in the city of Rockford is expected to consider prosecutors' request that Christian Soto remain jailed pending trial. The 22-year-old appeared briefly in court on Thursday, a day after the attacks in Rockford and his arrest. His defense asked for more time to prepare for the hearing.

The Winnebago County Public Defender's office, listed as Soto's representative in court documents, has not returned messages from The Associated Press seeking comment on his behalf.

The Winnebago County coroner on Thursday identified those killed as 63-year-old Romona Schupbach; 23-year-old Jacob Schupbach; 49-year-old Jay Larson; and 15-year-old Jenna Newcomb.

Authorities last week described a series of frenzied attacks within minutes at multiple addresses in a Rockford neighborhood, but said they had not determined a motive.

Winnebago County State’s Attorney J. Hanley said Soto told police after his arrest that he had smoked marijuana with Jacob Schupbach and believed the drugs “were laced with an unknown narcotic" that made him paranoid.

Authorities have said Soto first stabbed Schupbach and his mother then violently attacked other people in the area and inside other homes. They said he beat, stabbed and used a truck to run over Larson, who was working as a mail carrier; wounded three people inside one home; and beat Newcomb, her sister and a friend with a baseball bat inside another home.

Authorities said Winnebago County sheriff deputies arrested Soto as he fled from another home where he had stabbed a woman and had been slowed down by a man driving by who stopped to intervene.


UN court orders Israel to open more land crossings for aid into Gaza
U.S. Court News | 2024/03/29 12:14
The top United Nations court on Thursday ordered Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies into the war-ravaged enclave.

The International Court of Justice issued two new so-called provisional measures in a case brought by South Africa accusing Israel of acts of genocide in its military campaign launched after the Oct. 7 attacks by Hamas. Israel denies it is committing genocide and accused South Africa of trying to “undermine Israel’s inherent right and obligation to defend its citizens.”

Thursday’s order came after South Africa sought more provisional measures, including a cease-fire, citing starvation in Gaza. Israel, which had urged the court not to issue new orders, said it places no limits on aid entering Gaza and vowed to “promote new initiatives” to bring in even more assistance.

In its legally binding order, the court told Israel to take measures “without delay” to ensure “the unhindered provision” of basic services and humanitarian assistance, including food, water, fuel and medical supplies.

It also ordered Israel to immediately ensure that its military does not take action that could that could harm Palestinians’ rights under the Genocide Convention, including by preventing the delivery of humanitarian assistance.

The court told Israel to report back in a month on its implementation of the orders. The fighting has displaced over 80% of Gaza’s population, caused widespread damage and has sparked a humanitarian crisis. The U.N. and international aid agencies say virtually the entire Gaza population is struggling to get enough food, with hundreds of thousands of people on the brink of famine, especially in hard-hit northern Gaza.

South Africa welcomed Thursday’s decision, calling it “significant.”

“The fact that Palestinian deaths are not solely caused by bombardment and ground attacks, but also by disease and starvation, indicates a need to protect the group’s right to exist,” the South African president said in a statement.

Israel declared war in response to a bloody cross-border attack by Hamas on Oct. 7 in which 1,200 people were killed and 250 others were taken hostage. Israel responded with a campaign of airstrikes and a ground offensive that have left over 32,000 Palestinians dead, according to local health authorities.

The Health Ministry in Hamas-run Gaza does not differentiate between civilians and combatants, but say roughly two-thirds of the dead are women, children and teens. Israel says over one-third of the dead are militants, though it has not provided evidence to support the claim, and it blames Hamas for civilian casualties because the group operates in residential areas.


Former Georgia insurance commissioner John Oxendine pleads guilty
U.S. Court News | 2024/03/25 12:27
A former Georgia insurance commissioner who made a failed Republican run for governor has pleaded guilty to conspiring to commit health care fraud.

John W. Oxendine of Johns Creek entered the guilty plea Friday in federal court in Atlanta. The 61-year-old had been indicted in May 2022 on charges of conspiracy to commit health care fraud and conspiracy to commit money laundering.

The crime is punishable by up to 10 years in prison, but Oxendine is likely to be sentenced to less. Federal sentencing guidelines discussed in the plea agreement suggest prosecutors will recommend Oxendine be imprisoned between 4 years, 3 months, and 5 years, 3 months, depending on what U.S. District Judge Steve Jones decides at a sentencing hearing set for July 12. Jones could also fine Oxendine and order him to serve supervised release.

Oxendine also agreed to pay nearly $700,000 in restitution to health insurers who lost money in the scheme, the plea document states. Prosecutors agreed to dismiss the money laundering charge as part of the plea.

“John Oxendine, as the former statewide insurance commissioner, knew the importance of honest dealings between doctors and insurance companies,” U.S. Attorney Ryan K. Buchanan said in a statement. “But for personal profit he willfully conspired with a physician to order hundreds of unnecessary lab tests, costing hundreds of thousands of dollars.”

Prosecutors say Oxendine conspired with Dr. Jeffrey Gallups to pressure other physicians who practiced with Gallups to order unnecessary medical tests from Next Health, a lab in Texas. Prosecutors said Oxendine pushed the plan in a September 2015 presentation to doctors who worked for Gallups’ practice.

The lab company, Oxendine and Gallups agreed the company would pay Gallups a kickback of 50% of the profit on the tests, Oxendine’s indictment said. Next Health paid $260,000 in kickbacks through Oxendine’s insurance consulting company, prosecutors said. Oxendine paid a $150,000 charitable contribution and $70,000 in attorney’s fees on Gallups,’ behalf, prosecutors said, keeping $40,000 for himself. Some patients were also charged, getting bills of up to $18,000 for the tests, prosecutors said.

Prosecutors said Oxendine told Gallups to lie and say the payments from Oxendine were loans when a compliance officer at Gallups’ company asked about them. Oxendine told Gallups to repeat the same lie when questioned by federal agents, prosecutors said. And they said Oxendine falsely said he didn’t work with the lab company or get money from Next Health when interviewed by The Atlanta Journal-Constitution.


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