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Ohio death row inmate resentenced, could get parole
Opinions |
2023/01/22 23:34
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An Ohio prison inmate who has spent nearly four decades on death row in the murder of a convenience store clerk has been resentenced to a term that could allow his release on parole.
Lucas County Judge Stacy Cook vacated Gregory Esparza’s death sentence and imposed a new term of 30 years to life with credit for time served, The (Toledo) Blade reported. Two months ago, Cook had declared capital punishment unconstitutional in the case because prosecutors had failed to disclose evidence in his original trial.
“God is good for everyone,” Esparza said to relatives Friday as he was escorted from the courtroom back to the county jail.
Esparza, now 60, was convicted in 1984 of aggravated murder and aggravated robbery with gun specifications in the February 1983 death of Melanie Gerschutz. The 38-year-old wife and mother was working the cash register at Island Variety in East Toledo when she was shot during a robbery of $110 from the register.
Esparza’s initial appeals were denied but a public records request in 1991 turned up a large number of police reports, interviews, and other documents never given to his defense attorneys. A federal appeals court in 1995 overturned the death sentence citing a “defective indictment,” but the U.S. Supreme Court reversed the decision. A 2016 appeal was denied on the grounds that federal courts had assessed the 1991 evidence, but a state appellate court later said no court had yet addressed the 1991 evidence in the context of capital punishment. |
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Protasiewicz leads in money race for Wisconsin Supreme Court
Court Watch |
2023/01/18 22:58
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Milwaukee County Circuit Judge Janet Protasiewicz raised more money over the last six months of 2022 than her three rivals combined in the pivotal race that will determine majority control of the Wisconsin Supreme Court.
Protasiewicz along with Dane County Circuit Judge Everett Mitchell are running as liberal candidates in the race. Waukesha County Circuit Judge Jennifer Dorow and former Wisconsin Supreme Court Justice Dan Kelly are the conservative candidates.
The top two vote-getters in the Feb. 21 primary will advance to the April 4 election. The winner replaces conservative Justice Patience Roggensack, who is retiring.
Races for the Wisconsin Supreme Court are officially nonpartisan, but candidates for years have aligned with either conservatives or liberals as the contests have become expensive partisan battles. The conservative-controlled court for more than a decade has issued consequential rulings in favor of Republicans, with major cases looming that could determine the future of abortion laws, redistricting and rules of elections.
The candidates and outside interests that have promised to spend millions on the race have been relatively quiet up to this point, more than a month before the primary. But those on both sides have made clear they see the race as crucial in the battleground state, with whoever winning determining ideological control of the court heading into the 2024 presidential race and at least a year after.
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Canadian kills 2 in Philippine court, is shot dead
Legal Topics |
2023/01/16 10:32
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A Canadian man facing charges of illegal possession of firearms opened fire in a Philippine courtroom Tuesday, killing two people and wounding a prosecutor before police fatally shot him, officials said. The suspect, John H. Pope, appeared in court in central Cebu city, where he resided, to face the charges when he pulled out a gun and shot a lawyer and a physician who filed a case against him, police said. He then fired at a prosecutor in the hallway of the building before responding police fatally wounded him, said Cebu police chief Mariano Natuel. Regional police director Marcelo Garbo said Pope ignored orders to surrender and tried to fire at police. Police said they were investigating Pope's background. Local media mentioned Pope in 2011, when he was held by police on charges of illegal possession of firearms. The same physician who was killed in Tuesday's shooting accused Pope, his neighbor, of brandishing a weapon and threatening him and other residents in their condominium. Pope was quoted as saying at the time that the pistol he was carrying was for self-defense. Apart from illegal weapons possession, he was also charged with malicious mischief and grave threats. |
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Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
Court News |
2023/01/11 22:10
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Former Louisiana Democratic Party leader Karen Carter Peterson, who resigned from the state Senate last year year citing depression and a gambling addiction — and later pleaded guilty to federal wire fraud — was sentenced on Wednesday to 22 months in prison.
Peterson, who served in the Louisiana Legislature for more than 22 years, admitted in August to taking more than $140,000 in funds from her reelection campaign and from the state Democratic Party. The ex-lawmaker spent a “substantial amount” of that money on casino gambling, according to court documents.
Although the felony charge of federal wire fraud carries a maximum prison sentence of 20 years, U.S. District Judge Sarah Vance sentenced Peterson to significantly less, The Advocate reported.
“People trusted me and I breached that trust,” Peterson said in court, WDSU-TV reported.
At the sentencing, Peterson cried at the podium and repented for her criminal wrongdoing — apologizing to her constituents, family and friends.
Ahead of the sentencing, Peterson’s lawyers implored U.S. District Judge Sarah Vance to consider an alternative to prison — such as probation or home confinement.
They said her gambling addiction resulted in “diminished mental capacity,” which can qualify a defendant for a reduced sentence, according to court filings obtained by The Times-Picayune/The New Orleans Advocate. In addition, they pointed to her Christian faith, her acceptance of responsibility for the crimes and her participation in Gamblers Anonymous.
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South Carolina Supreme Court strikes down state abortion ban
Attorney News |
2023/01/05 21:56
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The South Carolina Supreme Court struck down Thursday a ban on abortion after cardiac activity is detected — typically around six weeks — ruling the restriction violates the state constitution’s right to privacy.
The decision comes nearly two years after Republican Gov. Henry McMaster signed the measure into law. The ban, which included exceptions for pregnancies caused by rape or incest or pregnancies that endangered the patient’s life, drew lawsuits almost immediately. Since then, legal challenges have made their way through both state and federal courts.
“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy. Six weeks is, quite simply, not a reasonable period of time for these two things to occur, and therefore the Act violates our state Constitution’s prohibition against unreasonable invasions of privacy,” Justice Kaye Hearn wrote in the majority opinion.
Currently, South Carolina bars most abortions at 20 weeks. Varying orders have given the law’s supporters and opponents both cause for celebration and dismay. Those seeking abortions in the state have seen the legal window expand to the previous limit of 20 weeks before returning to latest restrictions and back again.
Federal courts had previously suspended the law. But the U.S. Supreme Court’s overturning of Roe v. Wade allowed the restrictions to take place — for just a brief period. The state Supreme Court temporarily blocked it this past August as the justices considered a new challenge.
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State seeks long prison term for accused NYC subway gunman
Attorney News |
2023/01/03 18:45
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Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.
Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself.
Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter.
Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday.
James had been scheduled to stand trial in late February.
His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement.
Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees.
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Military police enforce driving ban in snow-stricken Buffalo
Legal Topics |
2022/12/27 17:32
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State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.
Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.
“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.
The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.
The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.
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