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Indiana high court to rule on Lake Michigan beach ownership
Headline Legal News |
2017/07/01 10:15
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The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.
Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.
The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.
The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.
The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.
Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.
The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake. |
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McCarthy found guilty of 2nd-degree murder of Bella Bond
Headline Legal News |
2017/06/27 23:14
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Michael McCarthy has been convicted of 2nd-degree murder in the death of a 2-year-old girl dubbed Baby Doe after her remains washed up on Boston Harbor island.
The verdict was announced in Suffolk Superior Court on Monday.
Michael McCarthy is charged with first-degree murder in the 2015 death of the girl who was later identified as Bella Bond.
Man facing life in prison after being found guilty of murder. A North Carolina man has been found guilty in the death of his fiancée and will serve the rest of his life in prison.
Local media outlets report an Onslow County jury found 59-year-old Timothy Noble guilty on Thursday of first-degree murder in the 2014 death of 58-year-old Debra Holden.
Deputies responding to the scene on Oct. 31, 2014, said Holden was found at a residence with a gunshot wound to her temple. Her death was originally ruled a suicide, but Noble was arrested eight months later after the medical examiner ruled the case a homicide. Noble will get credit for time spent in prison while awaiting trial.
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Michelle Carter text suicide trial verdict: Guilty
Headline Legal News |
2017/06/16 23:44
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A young Massachusetts woman accused of sending her boyfriend dozens of text messages urging him to kill himself when they were teenagers was found guilty of involuntary manslaughter Friday.
Michelle Carter was charged in the death of Conrad Roy III. Carter, then 17, cajoled Roy to kill himself in July 2014 with a series of texts and phone calls, prosecutors alleged. Roy died when his pickup truck filled with carbon monoxide in a store parking lot in Fairhaven. After he exited the truck, Carter told him to "get back in," prosecutors said.
Prosecutors allege Carter pushed Roy to commit suicide because she was desperate for attention and sympathy from classmates, reports CBS Boston, and wanted to play the role of a grieving girlfriend. Carter's lawyer, Joseph Cataldo, said Roy was intent on killing himself and took Carter along on his "sad journey."
Carter waived her right to a jury trial, so Juvenile Court Judge Lawrence Moniz decided the case. He began deliberating late Tuesday after closing arguments concluded and read his verdict Friday morning.
While Roy took "significant actions of his own" to take his own life, Carter's instruction to get back in the truck constituted wanton and reckless conduct, the judge said. Even though she knew he was in the truck, she didn't take action to help him by calling the police or his family, Moniz said.
"She called no one and finally she did not issue a simple additional instruction -- get out of the truck," Moniz said.
Carter cried as the judge read his verdict and sobs broke out in the courtroom.
The judge set sentencing for Aug. 3. He ruled that Carter, now 20, can remain free on bail but ordered her not to make any contact with Roy's family and not to leave the state. She faces a sentence of probation to 20 years in prison.
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Court: Neighbors can sue pot grower for stinky smells
Headline Legal News |
2017/06/08 02:55
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A pot farm's neighbor can sue them for smells and other nuisances that could harm their property values, a federal appeals court ruled Wednesday.
The 10th U.S. Circuit Court of Appeals ruling revives a lawsuit between a Colorado horse farm and a neighboring marijuana-growing warehouse.
The horse farm's owners, the Reillys, sued in 2015, claiming that the pot-growing warehouse would diminish their land's value by emitting "noxious odors" and attracting unsavory visitors. A federal district court dismissed the Reillys' claim, and the pot warehouse opened in 2016.
The horse farm owners appealed, and a three-judge appeals panel agreed Wednesday that their claims should be heard. But the judges said the Reillys can't sue Colorado to force the state to enforce federal drug law and not allow the pot warehouse in the first place.
The southern Colorado horse-vs-pot case is interesting because the horse farm owners are trying to use a 1970 federal law crafted to fight organized crime. The Reillys say that federal racketeering laws entitle them to collect damages from the pot farm, even though the pot farm is legal under state law.
"The landowners have plausibly alleged at least one (racketeering) claim," the judges wrote.
Pot opponents say the racketeering strategy gives them a possible tool to break an industry they oppose. It could give private citizens who oppose pot legalization a way to sue the industry out of business, even as federal officials have so far declined to shut down most pot businesses operating in violation of federal drug law.
"This is a tremendous victory for opponents of the marijuana industry," said Brian Barnes, a Washington-based lawyer who represents the Reillys on behalf of the anti-crime nonprofit group Safe Streets Alliance.
Owners of the pot warehouse, owned by a company called Alternative Holistic Healing, did not immediately return a call for comment Wednesday. An attorney representing them in the case could not be reached, either.
The case now goes to back to a federal district court that had earlier dismissed it.
The appeals panel handed pot opponents a defeat on another case Wednesday, however. The judges ruled that a lower court was right to dismiss a claim from a group of sheriffs in Colorado, Nebraska and Oklahoma, who had asked the federal court to block Colorado's pot law.
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Bangladesh Supreme Court removes Lady Justice statue
Headline Legal News |
2017/05/27 16:54
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A statue depicting the Greek goddess of justice was removed from the front side of Bangladesh's Supreme Court building early on Friday following pressure from religious groups that termed it “un-Islamic,” according to local media and the attorney general.
The controversy over the Lady Justice statue had been brewing for several months, with many religious groups staunchly opposed to its installation.
Even Prime Minister Sheikh Hasina stepped into the controversy, who to the surprise of all, had backed the move to remove the statue.
Only policemen were allowed to enter the court premises when it was being moved.
Attorney General Mahbube Alam told Anadolu Agency the statue had been moved to another place within the court premises. “I heard the decision came from the full court to remove it from the present place and to replace it somewhere else in the court premise,” he said.
Hefazat-e-Islam and Bangladesh Olama League were among the Islamic groups who had been demanding the statue’s removal since it was installed in December 2016.
Hefazat-e-Islam leaders met Hasina on April 11 demanding the removal of the statue of Greek goddess Themis, who is depicted blindfolded with a sword in one hand and the balanced scales of justice on the other.
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Joaquin 'El Chapo' Guzman returns to court in drug case
Headline Legal News |
2017/05/05 22:55
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Mexican drug lord Joaquin "El Chapo" Guzman is returning to a Brooklyn courtroom Friday, a day after a judge rejected his request to be allowed in the general inmate population.
The 59-year-old defendant famous for twice escaping from prison in Mexico lost his bid Thursday to relax the terms of his confinement at a lower Manhattan lockup when U.S. District Judge Brian Cogan concluded that solitary confinement was appropriate.
Cogan said the U.S. government had good justifications for applying tough jail conditions on a man who escaped twice, including once through a mile-long tunnel stretching from the shower in his cell. But Cogan relaxed the restrictions known as Special Administrative Measures enough for Guzman to communicate with his wife through written questions and answers.
His lawyers said in a statement that it was "devastating" for Guzman and his wife that they will not be allowed jail visits.
Guzman was brought to the U.S. in January to face charges that he oversaw a multi-billion dollar international drug trafficking operation responsible for murders and kidnappings. He has pleaded not guilty.
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Court document: Hawaii mother’s body parts found in freezer
Headline Legal News |
2017/04/15 20:58
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A Hawaii man accused of killing his mother months ago stuffed her dismembered body parts in seven plastic bags in the kitchen freezer of the Waikiki apartment they shared, according to court documents made public Monday.
Yu Wei Gong has been charged with second-degree murder in the death of Liu Yun Gong.
He called 911 on April 11 and said: “’I killed my Mom,’” according to a detective’s affidavit supporting an arrest warrant. When officers arrived and could not find the woman, Gong told them she was “in the fridge,” the complaint said.
An officer found what appeared to be body parts.
“Another covered object in the freezer felt to a different officer like a human leg and foot,” the complaint said.
Yu Wei Gong didn’t speak or enter a plea during a brief court appearance Monday. Deputy Public Defender Diamond Grace requested a Mandarin interpreter for his preliminary hearing, scheduled for Wednesday. He remained in custody with bail set at $2 million.
Grace didn’t immediately return a phone message seeking comment after the hearing.
Authorities say Yu Wei Gong told officers that he accidentally killed his mother in September after she became angry when the 26-year-old said he wanted to work instead of going to school.
Deputy Medical Examiner Dr. Rachel Lange determined Liu Yun Gong had suffered blunt force injuries to the head, the complaint said. Her identity was confirmed by comparing fingerprints to those on file under her Hawaii driver’s license.
The manager of the apartment building where they lived told police he had not seen the man’s mother since before Christmas, the complaint said.
It said Liu Yun Gong did not show up for work on Aug. 21, 2016. When a supervisor called her phone, it went unanswered. Yu Wei Gong called the supervisor the next day, saying his mother was on another Hawaiian island and had left her phone at home.
Three women watched the hearing and said outside court they wanted to support Gong spiritually because he had attended their church. |
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