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Pa. high court fast tracks juvenile lifer appeals
Headline News | 2012/08/10 19:54
Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.

The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.

The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.

The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.

The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced.


NY court: Gay marriage caucus didn't break rules
Headline News | 2012/07/06 23:39
A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.

The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.

The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.

"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.

New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law.


Ohio court to hear appeal of teacher in Bible case
Headline News | 2012/07/05 22:03
The Ohio Supreme Court on Thursday agreed to hear the appeal of a fired public school science teacher who kept a Bible on his desk and was accused of preaching religious beliefs in class.

The Mount Vernon School Board dismissed John Freshwater last year after investigators reported that he preached Christian beliefs in class when discussing topics such as evolution and homosexuality, and was insubordinate in failing to remove the Bible from his classroom.

The Supreme Court's 4-3 decision Thursday to hear Freshwater's appeal of his firing sets the stage for written and oral arguments before the court later this year.

The court said Freshwater can argue that it is unconstitutional to fire someone without clear guidance on what teaching materials or methods are acceptable. Freshwater also can argue that it is unconstitutional to fire someone over the mere presence of a religious text like the Bible in the classroom.


Etan Patz suspect's court date postponed to Oct. 1
Headline News | 2012/06/21 19:22
Prosecutors made it clear Wednesday they are still investigating and assessing a case against a man charged in a notorious 1979 child disappearance, agreeing with his lawyer to postpone a court date for three months for both sides to keep gathering information.

Pedro Hernandez had been due in court Monday as doctors evaluate his mental fitness for trial in the murder case surrounding Etan Patz, one of the first missing children whose picture ever appeared on a milk carton. But the Manhattan district attorney's office said Wednesday that both sides had agreed to put off Hernandez's appearance to Oct. 1 "to allow all parties to proceed with their investigations in a measured and fair manner."

Hernandez's lawyer, Harvey Fishbein, declined to comment.

Postponing court dates is far from unusual. But the three-month timeframe appears to allow plenty of time for both sides to see what information might be available to strengthen — or weaken — a court case that arose from a confession from a man who has struggled with mental illness and hallucinations, according to his lawyer and family.


Massive LA County court layoffs to begin Friday
Headline News | 2012/06/15 18:35
Squeezed by state budgets cutbacks, the Los Angeles County court system is launching massive job layoffs, pay cuts and transfers, court officials said Thursday.

Cutbacks that will be implemented Friday will affect 431 court employees and 56 courtrooms throughout the nation's largest superior court system.

Presiding Judge Lee Smalley Edmon bemoaned the loss of longtime employees as well as the impact on public services.

"We are laying off people who are committed to serving the public," she said. "It is a terrible loss both to these dedicated employees and to the public."

The union representing state and municipal employees called Friday's action a "freeze on justice in Los Angeles" and warned that the county would experience "an end to timely justice" with cases being delayed for years, particularly in civil courts.

The American Federation of State, County and Municipal Employees — AFSCME — planned to have representatives on hand to assist employees who will not know they are losing their jobs until they are informed individually Friday.

A spokeswoman for the California Judicial Council said other courts in the state will also be impacted by the budget cuts but will handle them individually. Los Angeles' court system, as the largest, will be the most heavily affected.

Edmon said the drastic actions are the result of a state mandate to reduce annual spending by $30 million. She noted that earlier reductions already saved $70 million, but more cuts in state support for trial courts are scheduled for the next fiscal year.


Miss Universe pageant fights back on rigging claim
Headline News | 2012/06/10 18:19
The Miss Universe Organization says a former contestant should be made to pay for her "defamatory" claims that this year's Miss USA pageant was a sham.

The New York-based organization made a filing with a dispute resolution company over the former Miss Pennsylvania USA's assertion that another contestant spotted the list of finalists on a planning sheet hours before the event was even held Sunday, its lawyer Scott Balber said Friday.

A statement from the organization said it was seeking compensation for her "ongoing defamatory statements," but Balber wouldn't say how much money the Miss Universe Organization was seeking.

The pageant also released a statement from Miss Florida USA — the contestant Sheena Monnin claims saw the list — in which she disputes Miss Pennsylvania's version of the events that prompted her to step down.

Monnin gave up her crown Monday, claiming in a Facebook post that the pageant had been rigged, with the top five finishers selected before the show was broadcast Sunday night from Las Vegas. Pageant organizers immediately denied Monnin's allegation and claimed she had actually stepped down because she disagreed with the pageant's decision to allow transgender contestants.


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