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Court program in Dona Ana County focuses on veterans
Employment Law | 2018/05/12 02:27
A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.

Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.

It's the first veterans court program in southern New Mexico

The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.

Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.



Court: Montana minimizes impact of mining near Yellowstone
Law & Politics | 2018/05/08 02:27
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.

The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.

The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.

The results of the exploration work would guide the company's future plans for commercial-scale mining.

Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.

State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.

The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said.


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Class Action News | 2018/05/06 12:56
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Supreme Court rejects inmate's appeal in slaying of 3
Business Law Info | 2018/05/04 02:29
The U.S. Supreme Court has declined the appeal of an Ohio inmate who has long maintained his innocence in the 1994 slaying of three people.

The court's Tuesday decision involves the case of Kevin Keith. He is serving a life sentence for killing two women and a 4-year-old girl in what prosecutors said was retaliation for his arrest in a drug sweep.

Lawyers for Keith say the personnel file of a state forensics investigator who worked on his case contains allegations she had a habit of providing police departments answers they wanted in cases.

Attorneys for the 54-year-old Keith, who is black, also say the file shows the investigator used racial slurs against co-workers.

Prosecutors say there's no evidence the file would have made a difference at trial.



Supreme Court limits warrantless vehicle searches near homes
Headline News | 2018/05/03 02:28
The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.

The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.

The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.

The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.

The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.

Collins argued that police improperly entered private property uninvited and without a warrant.

Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.

Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.



Dutch court says time ripe for law to recognize 3rd gender
Lawyer Blog News | 2018/05/02 02:28
A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.

The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.

However the applicant later sought to be listed as a "third gender" — neither male nor female.

The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."

Transgender activists hailed the ruling as a revolutionary step in Dutch law.



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