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New Mexico appeals court hears assisted suicide case
Court News | 2015/01/30 13:15
Do terminally ill patients in New Mexico already have the right to end their lives?
That's what the New Mexico Court of Appeals is set to decide after hearing arguments Monday from the state and lawyers for a terminally ill woman.

The Santa Fe woman, who has advanced uterine cancer, is asking the courts to clarify New Mexico's laws putting doctors in legal trouble and preventing her from ending her life.

Last year, Second Judicial District Judge Nan Nash ruled the New Mexico Constitution prohibits the state from depriving a person of life, liberty or property without due process.

In addition, Nash found doctors could not be prosecuted under the state's assisted suicide law, which classifies helping with suicide as a fourth-degree felony.

Two doctors and Aja Riggs, the Santa Fe woman, asked the judge to determine that physicians would not be breaking the law if they wrote prescriptions for competent, terminally ill patients who wanted to end their lives.

Riggs and doctors Katherine Morris and Aroop Mangalik filed their lawsuit in 2012.

The New Mexico Attorney General's Office appealed Nash's ruling.

Scott Fuqua, director of the office's litigation division, told the court the state had no reason to keep terminally ill patients alive, but the law didn't allow doctors to prescribe medications to end patients' lives.


Judicial candidates' appeals for campaign cash at high court
Court News | 2015/01/20 12:51
The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.

The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.

The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.

A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.

In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.

The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.

In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.


Indian court charges Uber driver with rape, kidnapping
Court News | 2015/01/13 13:31
A New Delhi court charged an Uber cab driver on Tuesday with rape, kidnapping and criminal intimidation in a case that has renewed a national fury over chronic sexual violence in India. Authorities are still investigating whether Uber should also be charged.

Judge Kaveri Baweja ordered the case to begin Thursday in a special fast-track court set up in 2013 to bypass India's lumbering judicial system.

The 32-year-old suspect, Shiv Kumar Yadav, entered a plea of innocence. He has been in custody since a 25-year-old woman filed a police complaint alleging he assaulted her after she hired him for a ride home on Dec. 5.

Authorities, meanwhile, were still investigating the possibility of criminal charges against the company for allegedly misrepresenting the safety of its service, police official Brijendra Kumar Yadav said.

"That is a separate case, and will take some time," he said, without giving details.

The case has appalled many in India, occurring almost exactly two years after a young woman was fatally gang raped on a bus in the capital. It has sparked new demands for better protections for women.

It also dealt a blow to Uber, which has attracted global praise and controversy with a service that lets passengers summon cars through an app in more than 250 cities around the world.


Argentine court says US fugitive can be extradited
Court News | 2015/01/05 16:36
Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.

Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.

In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.

Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned.


Suspect in trooper shooting case heads to court
Court News | 2015/01/05 16:35
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.

A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.

Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.

Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.

Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.

The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.


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