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Court: Lawsuit alleging coerced confessions can go to trial
Court News |
2018/02/03 23:17
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A lawsuit that accuses Evansville police officers of violating three teenagers' constitutional rights by coercing confessions in the killing of a homeless man can proceed to trial, a federal appeals court has ruled.
A panel of the 7th U.S. Circuit Court of Appeals agreed there's enough evidence that officers deliberately coerced confessions from siblings William and Deadra Hurt in the death of 54-year-old Marcus Golike to warrant a civil trial.
"False confessions are a real problem ...," the judges wrote in their opinion, which describes the issue of whether police tactics are enough to make confessions involuntary "the ultimate legal question," The Evansville Courier & Press reported .
The suit filed in 2014 on behalf of William, Deadra and Andrea Hurt and their mother, Debbie Hurt, accuses detectives of threatening the teenagers, feeding them facts to coerce confessions and then ignoring evidence disproving those statements, and even manufacturing some evidence.
William Hurt was 18, Deadra Hurt 19 and Andrea Hurt 16 at the time of their arrests in the June 2012 killing of Golike, who was beaten, strangled and dumped in the Ohio River. Another teenager who was also arrested is not a party to the suit.
All charges in the case were ultimately dismissed against everyone but William Hurt, who refused a plea deal. A jury acquitted him of murder in February 2013.
Police began focusing on the teenagers after learning that Golike had visited the Hurt family before his death.
The suit's defendants include the city of Evansville, its police department, four city police detectives and their three supervisors at the time, one of whom is now deceased. The suit also names two Kentucky State Police detectives who were involved because Golike's body was found in their jurisdiction.
"At this juncture, the court has to take the facts in the light most favorable to the plaintiff, and then there is an issue for a jury or a judge to decide," said Keith Vonderahe, who's one of several attorneys representing the Evansville officers.
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Court rules Puigdemont must return to Spain for re-election
Court News |
2018/01/29 17:12
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Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.
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Court rules that Kushner firm must disclose partners' names
Court News |
2018/01/28 17:12
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A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.
A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.
The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.
U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.
The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.
Westminster has said it has broken no laws and denies the charges.
In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.
In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important. |
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Thai court drops royal insult charges against academic
Court News |
2018/01/24 17:11
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A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.
Sulak Sivaraksa was charged in October under the draconian lese majeste law that protects the monarchy from libel and defamation. The Bangkok military court had agreed to hear views from historians and experts before it decided to drop the charges for lack of evidence.
Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand's new king, Vajiralongkorn, for help in dropping the charges against him.
"I contacted many people for help but no one dared to. So I petitioned the king. If it weren't for His Majesty's grace, this case would not have been dropped," he said.
His case stems from a 2014 university lecture when he told the audience to "not fall prey to propaganda" and questioned whether King Naraesuan had really won the 1593 battle by defeating a Burmese prince in solo combat mounted on a war elephant. The story is one of Thailand's most celebrated historical feats and the date of the combat is marked each year with a military parade on Jan. 18.
Insulting the monarchy is punishable by three to 15 years in prison. The law in writing appears to only protect the king, queen, and heir apparent but in practice the rules are more widely interpreted.
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Court seems to favor death row inmate in dispute with lawyer
Court News |
2018/01/17 17:09
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The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.
The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.
Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial.
Supreme Court won't take case of ex-NY assembly speaker
The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.
The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.
Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.
The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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