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Court officer investigated for photographing lawyer's notes
Attorney Interview | 2017/03/04 16:55
A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor.

The Kennebec Journal reports that court officials are calling the incident a serious ethical breach and violation of courtroom protocol.

Sgt. Joel Eldridge took the photo Tuesday as a judge and attorneys discussed a case involving robbery, aggravated assault and criminal mischief. Assistant District Attorney Francis Griffin told the judge he saw the photo on his phone and reported the incident to the district attorney.

Defense attorney Sherry Tash said she was told the photo showed her notes of a person's name and number. Eldridge declined comment. He's on administrative leave with pay pending an internal investigation by the Kennebec County Sheriff's Department.



High court ruling could reshape Virginia political map
Attorney Interview | 2017/03/02 16:56
A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.

The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.

Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.

"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.

The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.


Ohio court considers privacy rights in backpack search
Legal Information | 2017/03/02 16:55
The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.

At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.

The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.

A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.



California court expands endangered-species removal powers
Court Updates | 2017/02/27 16:56
The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.

In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.

The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.

The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.

Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.

"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case.



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