|
|
|
Supreme Court limits warrantless vehicle searches near homes
State Law Issues |
2018/06/06 00:25
|
The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.
The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.
The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.
The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.
The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.
Collins argued that police improperly entered private property uninvited and without a warrant.
Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.
Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.
Dutch court says time ripe for law to recognize 3rd gender
A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.
The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.
However the applicant later sought to be listed as a "third gender" — neither male nor female.
The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."
Transgender activists hailed the ruling as a revolutionary step in Dutch law. |
|
|
|
|
|
|
Justices allow Arkansas to enforce abortion restrictions
Lawyer Court Feed |
2018/06/04 00:25
|
The Supreme Court is allowing Arkansas to put in effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.
The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.
The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The 8th U.S. Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.
The legal fight over the law is not over, but the state is now free to enforce the law at least for the time being.
Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.
The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.
Supreme Court rejects inmate's appeal in slaying of 3
The U.S. Supreme Court has declined the appeal of an Ohio inmate who has long maintained his innocence in the 1994 slaying of three people.
The court's Tuesday decision involves the case of Kevin Keith. He is serving a life sentence for killing two women and a 4-year-old girl in what prosecutors said was retaliation for his arrest in a drug sweep.
Lawyers for Keith say the personnel file of a state forensics investigator who worked on his case contains allegations she had a habit of providing police departments answers they wanted in cases.
Attorneys for the 54-year-old Keith, who is black, also say the file shows the investigator used racial slurs against co-workers.
Prosecutors say there's no evidence the file would have made a difference at trial. |
|
|
|
|
|
|
Ohio court's visitor center adds plaster cast of Harding
State Law Issues |
2018/06/02 00:25
|
A plaster cast used to create a sculpture of President Warren G. Harding found at the Ohio Supreme Court is on display in the building's visitor education center.
The likeness was donated by the former president's family.
It was used to create the sculpture of Harding, a Marion native. It has hung in the building that now houses the state's highest court since its construction more than 80 years ago.
The fragile plaster cast is housed in an elevated glass enclosure.
Harding was the 29th president and one of eight born in Ohio, earning the state the nickname "Mother of Presidents."
Driver in deadly New Jersey school bus crash due in court
The driver of a school bus that collided with a dump truck on a New Jersey highway last week, killing a student and a teacher and injuring more than 40 others, is due in court.
Hudy Muldrow Sr. faces two charges of vehicular homicide. He's scheduled for an initial court appearance in Morristown on Friday.
A criminal affidavit released Thursday alleges Muldrow missed a turn and tried to make a U-turn on Interstate 80 westbound on May 17 while carrying a group of fifth-graders and chaperones on a field trip.
Ten-year-old Miranda Vargas and 51-year-old teacher Jennifer Williamson died in the crash. Muldrow's son told CBS this week that his father said he didn't make a U-turn.
|
|
|
|
|
|
|
Court: Montana minimizes impact of mining near Yellowstone
Local Legal Events |
2018/06/01 00:26
|
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.
The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.
The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.
The results of the exploration work would guide the company's future plans for commercial-scale mining.
Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.
State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.
The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said. |
|
|
|
|
|
Law Firm News RSS Feed
