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Wash. court rules that truants entitled to lawyer
Court Feed News | 2009/01/13 16:53
A panel of judges has apparently made Washington the first state to rule that juvenile students accused of chronically cutting classes in public schools are entitled to a lawyer in their first court hearing.


The Washington state Court of Appeals ruled Monday that denying a juvenile the right to a lawyer from the outset violated constitutional requirements.

Dan Donohoe, a spokesman for the King County prosecutor's office, said the ruling was under review and no decision had been made on whether to appeal to the state Supreme Court.

If it stands, the decision could make Washington the first state in which a juvenile is entitled to counsel at the outset of court truancy proceedings that could lead to penalties, said Paul M. Holland, director of the Ronald A. Peterson Law Clinic at Seattle University, which represented the student in the case.

"I am not aware of any states that provide lawyers at the initial stage of truancy proceedings," Holland said. "That is the most noteworthy part of this ruling."

He said it also is part of a growing body of law that recognizes the right to an attorney in certain civil matters as well as the well-established requirement for representation in criminal cases.

Under the law, a juvenile with at least seven unexcused absences in a month or 10 in a school year could be ordered to appear in Juvenile Court on a petition by school officials or the youngster's parents without being represented by an attorney.

The appeals court's decision was hailed by the American Civil Liberties Union, which filed a brief supporting the juvenile, a Bellevue girl identified only as E.S. and described as an emotionally troubled member of a refugee family from Bosnia.



High court to hear dispute over Alaska gold mine
Court Feed News | 2009/01/12 14:18
A case before the Supreme Court on Monday could set a precedent for how mining waste is disposed of in streams, rivers, lakes and even wetlands.

The justices are hearing arguments on whether an Alaska gold mine can dump metal waste into a nearby lake.

A ruling in favor of the mining company could allow the Clean Water Act to be interpreted to allow mining waste to be dumped into waterways throughout the United States, said Tom Waldo, a lawyer with the environmental group Earthjustice.

"The whole reason Congress passed the Clean Water Act was to stop turning our lakes and rivers into industrial waste dumps," Waldo said. "The Bush administration selected the Kensington mine to test the limits of the Clean Water Act."

The U.S. Army Corps of Engineers issued a permit for waste disposal at the proposed Kensington mine north of Juneau in 2005. Under the plan, tailings — waste left after metals are extracted from ore — would be dumped into Lower Slate Lake.

Environmentalists sued to halt the practice, saying it would kill fish. A federal appeals court blocked the permit, saying the dumping is barred by stringent Environmental Protection Agency requirements under the Clean Water Act of 1972. The EPA had agreed to a regulatory change in the case defining "fill" as "tailings or similar mining-related materials."

The mine's owner, Coeur Alaska Inc., said tailings are inert sandy material, and that almost half of the tailings created by the mine would be recycled back into mine operations. The remaining tailings would be placed in a small unproductive lake, which the company called the best option for disposal.



Mass. woman charged in fatal '99 fire faces trial
Court Feed News | 2009/01/11 17:19
For nearly a decade, Kathleen Hilton has been in jail, though she's been convicted of nothing.

Prosecutors say the grandmother set a fire that killed five people, including three young girls, because she was allegedly angry her son's ex-girlfriend wouldn't let him see his two kids.

Her trial is set to begin Tuesday on murder and arson charges after an extraordinary delay while her lawyer fought to keep the jury from hearing an alleged confession she made after the Feb. 24, 1999, blaze in a Lynn triple-decker.

Her grandchildren survived, but the blaze killed another family in the building.

Hilton, now 62, has spent most of the last decade at MCI-Framingham, a medium-security women's prison where she works in the kitchen and watches television, said her attorney, Michael Natola.

In Massachusetts, it usually takes one to two years for murder cases to go to trial.

"Ten years is aberrational," said Michael Cassidy, a professor at Boston College Law School. "Sometimes, complex murder cases can take two or three years to get to trial but 10 years is well beyond the average."

Natola said he had to push for the statements to be suppressed — no matter how long it took. The case twice went to the Supreme Judicial Court.



NJ high court hearing case on witness intimidation
Court Feed News | 2009/01/06 17:02
New Jersey's highest court is grappling with one of the thorniest issues facing criminal justice today: what to do in cases where witnesses to a crime have been threatened or intimidated by defendants to the point where they refuse to testify in court.

The issue is a pressing one in areas where intimidation by gang members, drug dealers and other defendants is making potential witnesses afraid they or their loved ones will be harmed or killed if they take the stand.

The state Supreme Court in Trenton heard nearly two hours of arguments Monday on a case that deals with what the state Attorney General's Office calls "the greatest threat" to prosecution in gang, organized crime and domestic violence cases.

The state wants to be allowed let jurors hear the out-of-court statements of witnesses who have been threatened without presenting the witnesses themselves.

But defense lawyers argue that would not be fair to defendants, who have the Constitutional right to confront their accusers in court.

Deputy Attorney General Daniel Bornstein told the court he has read numerous media accounts of witnesses being intimidated or threatened around the state.



12-year-old Arizona boy guilty in mom's shooting
Court Feed News | 2009/01/03 17:14
A 12-year-old boy who fatally shot his mother after an argument over his chores was found guilty of premeditated murder.

Judge James Conlogue found the boy guilty after a hearing Friday in Cochise County Superior Court in the southern Arizona town of Bisbee. The boy is not being identified because he was charged as a juvenile.

Conlogue ruled that prosecutors had proved the boy acted intentionally and with premeditation when he shot Sara Madrid, 34, eight times on Aug. 1. The shooting happened after the boy had argued with his mother over his chores.

Madrid had left the family home after the argument, and the boy got a .22-caliber pistol from her bedroom closet, waited for her to return and then repeatedly shot her, according to court testimony.

Madrid's live-in boyfriend of 10 years, Alfonso Munoz, witnessed the shooting and said the boy gave him the empty gun afterward.

Munoz, who helped raise the boy, said he had taught the child how to use the weapon for emergencies and self-defense.

The boy's lawyer, Sanford Edleman, had argued that the boy did not intend to kill his mother but only wanted to get back at her for abusing him.



Wis. court: Nude people still have privacy rights
Court Feed News | 2008/12/31 17:11
A state appeals court ruled Tuesday that a person who is voluntarily nude in the presence of another still has privacy rights against being secretly videotaped, in a decision that bolsters Wisconsin's video voyeur law.

The ruling upholds the felony guilty plea of Mark Jahnke, who videotaped his girlfriend while she was naked and while they were having sex. He argued in his appeal that because the woman agreed to be naked around him, she had no reasonable expectation of privacy.

The state Department of Justice argued that shared intimacy does not give a person the right to film another unknowingly.

Jahnke's attorney, Michael Herbert of Madison, argued that the court had found in a previous case that a reasonable expectation of privacy existed when a nude person reasonably believed he or she was "secluded from the presence of others."

Prosecutors argued the video voyeur law would make no sense under that interpretation. The appeals court agreed, saying the definition in the previous case was not intended to cover all circumstances.

Judge Charles Dykman, the dissenter in the 2-1 decision, said the 2001 law does not specifically prohibit what Jahnke did.

Attorney General J.B. Van Hollen praised the ruling.

"Wisconsin's citizens enjoy a reasonable expectation of privacy not to be secretly videotaped while in the nude, and Wisconsin's criminal law has been correctly interpreted to protect that expectation," he said.



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