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Utah-to-Boston passenger denies child porn charge
Criminal Law Updates | 2011/11/28 15:02
A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.

Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.

Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.

Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.

Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave.


Ind. teen who strangled brother seeks sentence cut
Criminal Law Updates | 2011/11/14 15:40
An Indiana teenager who strangled his 10-year-old brother and admired a fictional serial killer should not have been sentenced to life in prison without parole because he was mentally ill, his attorney argued in appealing for a lighter sentence.

Defense lawyer Leanna Weissmann also argued that the judge erred when he let an expert who had never met Andrew Conley testify that the teen might be a psychopath.

"Speculation inferring that a suicidal 17-year-old boy who had never been in trouble in his life is a psychopath from a doctor who never took the time to even talk with the boy has no place in our courtrooms ... and in a decision as to whether that boy will spend the rest of his life in prison," Weissmann wrote in a court brief.

The Indiana Supreme Court will hear arguments on Conley's appeal Monday in South Bend. Conley, now 19, unexpectedly pleaded guilty as his trial was set to begin in September 2010. He was sentenced to life without parole following a five-day hearing before a judge in which his videotaped confession was played.

Conley, then 17, told police he choked his brother, Conner, on Nov. 28, 2009, while they were wrestling at their home in the Ohio River town of Rising Sun. After the boy passed out, Conley dragged him into the kitchen, put on gloves and continued strangling him for at least 20 minutes before wrapping the boy's head in two plastic bags.


Appeal filed in case of slain ND college student
Criminal Law Updates | 2011/10/20 10:20

Lawyers for a man sentenced to death for killing a University of North Dakota student submitted a document Tuesday for what is considered the final step in the legal appeals process, claiming his trial team was ineffective and that the man is mentally disabled.

The 298-page document, a so-called habeas corpus motion, was filed in federal court for Alfonso Rodriguez Jr., who was convicted of kidnapping resulting in the death of Dru Sjodin of Pequot Lakes, Minn. Rodriguez, 58, of Crookston, Minn., is being held on death row at a federal prison in Terre Haute, Ind.

The appeal was filed by attorney Joseph Margulies, a Northwestern University law professor who has represented several death row inmates. U.S. attorneys in the case depicted Rodriguez "as little better than an animal, uncaring and unworthy," Margulies said.

"We now know this carefully scripted tale conceals much and reveals little. Little about the government's case, and even less about Alfonso Rodriguez, was true," the document says. "In the pages that follow, we describe in meticulous detail the difference between what was and what could have been."

Federal prosecutors were not immediately available for comment.



High court to rule on Stolen Valor Act
Criminal Law Updates | 2011/10/17 12:20
The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional.

The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming support in 2006. The federal appeals court in California struck down the law on free speech grounds and appeals courts in Colorado, Georgia and Missouri are considering similar cases.

The Obama administration is arguing that the law is reasonable because it only applies to instances in which the speaker intends to portray himself as a medal recipient. Previous high court rulings also have limited First Amendment protection for false statements.

The court almost always reviews lower court rulings that hold federal laws unconstitutional.

The case concerns the government's prosecution of Xavier Alvarez of Pomona, Calif. A member of the local water district board, Alvarez said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. In fact, he had never served in the military.


Texan freed by DNA test after 25 years exonerated
Criminal Law Updates | 2011/10/13 14:39

A Texas appeals court on Wednesday formally exonerated a former grocery store clerk who spent nearly 25 years in prison for his wife's 1986 beating death, reaffirming a judge's decision to set him free last week based on DNA testing that linked her killing to another man.

The Texas Court of Criminal Appeals declared Michael Morton innocent of killing his wife, Christine, and made him eligible to receive $80,000 from the state for each year of confinement, or about $2 million total.

Morton, 57, was convicted on the basis of circumstantial evidence and sentenced to life in prison. He maintained over the years that his wife and their 3-year-old son were fine when he left for work at an Austin Safeway the day she was killed, and that an intruder must have attacked her.

DNA found during tests this summer on a bloody bandana discovered near the crime scene matched that of a former convict, who remains at large. Prosecutors recommended that Morton be freed immediately after that man's DNA was also linked to a hair found 17 months later at the scene of another woman's beating death in north Austin, about 15 miles (24 kilometers) from the Mortons' home.



US court turns down Philly DA in cop-killing case
Criminal Law Updates | 2011/10/11 13:21
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.


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