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ACLU to appeal court ruling in Missouri drug testing case
Legal News |
2016/01/10 16:25
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The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.
Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.
“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”
The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.
The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”
When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”
Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.
U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.
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Mom of slain Alabama infant disputes allegations
Legal News |
2015/11/11 22:22
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A woman charged in the death of her infant daughter ? who authorities say was killed by an 8-year-old boy ? disputes allegations that she left the children home alone, her attorney said Wednesday.
Police say Katerra Marsha Lewis, 26, and a friend left the 8-year-old boy to watch over five younger children while the women went to a nightclub. The boy beat Kelci Lewis to death last month when she wouldn't stop crying and placed her back in her crib as if she were asleep, police said.
The boy was charged with murder in juvenile court and placed into the custody of child welfare workers, Birmingham Police spokesman Sean Edwards said. The infant's mother faces a manslaughter charge.
Legal experts say the case will be challenging on several fronts because of the boy's age.
University of Alabama associate law professor Jenny Carroll said in many jurisdictions, children under the age of 10 or 12 are presumed not to have the capacity to form criminal intent and have difficulty understanding court proceedings.
"We recognize that children don't have the same thought processes and don't have fully developed decision-making processes at that age," said Carroll, who has represented juvenile offenders.
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Court records: Ohio man on electronic monitor raped teen
Legal News |
2015/10/18 00:42
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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.
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Peterson returns to court in murder-for-hire trial
Legal News |
2015/07/06 11:39
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Former suburban Chicago police sergeant Drew Peterson is due back in court as his trial on charges of plotting to kill a prosecutor approaches.
A hearing in the case is scheduled for Tuesday in the southern Illinois county where Peterson is imprisoned.
He's pleaded not guilty to charges of soliciting an unidentified prison inmate to kill Will County State's Attorney James Glasgow.
Glasgow prosecuted the 2012 case in which Peterson was sentenced to 38 years in prison for the bathtub drowning death of his ex-wife Kathleen Savio eight years earlier. Her death was initially ruled an accident, but the case was re-opened after the 2007 disappearance of Peterson's fourth wife.
The Randolph County trial was scheduled to begin Monday, but has been rescheduled to start on August 28.
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