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Woman accused in dismemberment slaying attacks her attorney
U.S. Legal News |
2023/02/14 19:06
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A woman accused in a grisly killing and dismemberment case in Wisconsin attacked her attorney Tuesday during a court hearing, moments after a judge agreed to delay her trial.
Taylor Schabusiness, 25, was seated in a Brown County circuit court when her attorney, Quinn Jolly, asked the judge for an additional two weeks for a defense expert to review his client’s competency to stand trial.
Moments after Judge Thomas Walsh reluctantly agreed to postpone her March 6 trial, Schabusiness attacked Jolly and was wrestled to the courtroom floor by a deputy, WLUK-TV reported. The courtroom was then cleared before the hearing resumed.
Schabusiness is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault in the killing of Shad Thyrion, 25, in February 2022. Authorities say she strangled Thyrion at a home in Green Bay, sexually abused him and dismembered his body, leaving parts of him throughout the house and in a vehicle.
Schabusiness has pleaded not guilty and not guilty by reason of mental disease or defect. She is being held on a $2 million cash bond.
Following her courtroom outburst, the judge moved her competency hearing from Tuesday to March 6. The judge also proposed a May 15 trial date.
At the end of the hearing, Jolly told the court he would file a motion to withdraw from the case as Schabusiness’ attorney but the judge did not immediately rule on that matter. |
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Belarus hands 8-year term to journalist for top Polish paper
Criminal Law Updates |
2023/02/08 18:51
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A Belarusian court on Wednesday sentenced a journalist and prominent member of the country’s sizable Polish minority to eight years in prison, amid an ongoing crackdown on critics of authoritarian President Alexander Lukashenko’s regime.
Andrzej Poczobut, 49, was found guilty of harming Belarus’ national security and “inciting discord” in a closed trial held in the western city of Grodno. Poczobut, a journalist for the influential Polish newspaper Gazeta Wyborcza and a top figure in the Union of Poles in Belarus, has been behind bars since his detention in March 2021.
He reported extensively on the mass protests that gripped Belarus for weeks in 2020 following a presidential election that gave Lukashenko, in power since 1994, a new term in office, but that was widely regarded by the opposition and Western countries as fraudulent.
The indictment against Poczobut referenced his coverage of the protests, along with his statements in defense of ethnic Poles in Belarus and reference to the 1939 Soviet invasion of Poland as an act of “aggression,” as evidence that he was guilty of the charges.
Polish Prime Minister Mateusz Morawiecki in a Tweet Wednesday condemned the “inhumane decision by the Belarusian regime” and vowed to “do everything to help the Polish journalist bravely fighting for the truth.”
Poland’s foreign ministry summoned the top Belarusian diplomat in Warsaw, Alexander Tshasnouskyy, to protest the verdict.
Poland demands the release of Poczobut and of all political prisoners in Belarus and urges Minsk to respect international laws and put an end to actions against the Polish minority, the ministry said in a statement. |
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Federal appeals court strikes down domestic violence gun law
Class Action News |
2023/02/03 18:21
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A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns — the latest domino to fall after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.
Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns.
A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person’s individual right to own a gun.
But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.”
The appeals court withdrew its original decision and on Thursday decided to vacate the man’s conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional.
Specifically, the court ruled that the federal law was an “outlier that our ancestors would never have accepted” — borrowing a quote from the Bruen decision.
The decision came from a three-judge panel consisting of Judges Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Donald Trump, while Jones was nominated by former Republican President Ronald Reagan.
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Top German court nixes subsidy raise for political parties
Criminal Law Updates |
2023/01/31 18:30
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Germany’s top court has ruled that a decision five years ago to raise the upper limit for state financing of political parties by 25 million euros ($27.2 million) a year was illegal.
The country’s Constitutional Court said Tuesday that a 2018 law change backed by the left-right governing coalition under former Chancellor Angela Merkel to increase the annual limit for all parties to 190 million euros ($206.7 million) could make them too dependent on the state.
State funding in Germany matches the amount of money political parties receive from members or donations, up to a fixed limit.
Judges concluded that the arguments for raising that limit put forward by lawmakers at the time — such as the need to digitize their communication — weren’t sufficient to justify the increase. They had also failed to take into account savings resulting from switching to electronic communication.
Three smaller parties — the Greens, Free Democrats and Left party — had challenged the law. The Greens and Free Democrats are now in a coalition with the Social Democrats, who had backed the law. Merkel’s Union bloc has been in opposition since 2021.
It wasn’t immediately clear what impact the verdict will have for state funding already provided to parties. |
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Protasiewicz leads in money race for Wisconsin Supreme Court
Headline News |
2023/01/18 23:02
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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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Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
U.S. Legal News |
2023/01/11 22:17
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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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