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Court says statements in assault case can be used
Legal Career News | 2011/03/30 16:07

The Iowa Court of Appeals says a district court judge was wrong to suppress statements made to police by a man who walked into a police station saying he may have sexually assaulted a teenage girl.

Wednesday's decision allows prosecutors to continue their case against Ounheaun (OON'-yen) Cam, who is charged with assault with intent to commit sexual abuse.

Cam argued his statements to a Sioux Center police officer should have been suppressed because he was in custody and didn't knowingly waive his right to an attorney.

The appeals court found Cam was not in custody and did not ask about an attorney until after he had spoken to police.




Court: Exonerated inmate doesn't get $14 million
Legal Career News | 2011/03/29 16:03

The Supreme Court has overturned a $14 million judgment given to a former death row inmate who accused New Orleans prosecutors of withholding evidence in order to help convict him of murder.

John Thompson had successfully sued the district attorney's office, arguing that former District Attorney Harry Connick showed deliberate indifference by not providing adequate training for assistant district attorneys.

Prosecutors did not turn over a crime lab report that indicated Thompson's blood type did not match the perpetrator in an attempted robbery in 1985. Prosecutors used that conviction to get the death penalty in another case Thompson was involved in.

Prosecutors normally have immunity for their actions while working, but Thompson had convinced a jury there had not been enough training on evidence handling. The court overturned that decision.



Oregon appeals court: Teeth not dangerous weapon
Legal Career News | 2011/03/24 16:25

The Oregon Court of Appeals has ruled that teeth are not a dangerous weapon.

The decision Wednesday overturned a first-degree assault conviction for a Marion County man who bit off part of a neighbor's ear in 2008 in a drunken fight.

The Oregonian reports a second-degree assault conviction against 30-year-old Scott Russell Kuperus II stands. But first-degree assault involves a dangerous weapon, and teeth don't qualify.

His attorney says the first-degree assault charge that carried a sentence of 90 months in jail will be dismissed and Kuperus will be sentenced to 70 months for second-degree assault.



NY top court weighs sex offender's return home
Legal Career News | 2011/03/22 14:57

New York's top court will decide whether a convicted sex offender's return home constitutes child neglect by him and his wife even though there was no evidence he did anything inappropriate with his children.

The Court of Appeals is set to hear arguments Tuesday in the case of a Poughkeepsie couple identified as Grace and James C. He pleaded guilty in Manhattan to patronizing a 17-year-old prostitute and raping a 14-year-old girl, spent a year in jail and went home as a registered sex offender to his wife, four sons and daughter in 2007.

Dutchess County social workers alleged neglect on his part for returning and his failure to participate in treatment and by the mother for letting him return.

A Family Court judge agreed. A midlevel court reversed, finding no showing of "actual danger" to their children.



Trial Starts in Alleged Obama-Inspired Church Fire
Legal Career News | 2011/03/21 13:51

A federal court jury in Massachusetts will be hearing opening arguments in the trial of a man charged with burning down a predominantly black church in Springfield because he was upset that Barack Obama was elected president.

Opening arguments are set for Monday in the trial of Michael Jacques at U.S. District Court in Springfield.

Jacques was among three white men charged with burning down the Macedonia Church of God in Christ just hours after Obama was elected in November 2008. The under-construction church was destroyed, but a new building is nearing completion.

The other defendants pleaded guilty. Jacques could face up to 60 years in prison if convicted of conspiracy against civil rights, damage to religious property and other charges. His lawyer says he's innocent.



NYC refuses to tire against unicyclist's lawsuit
Legal Career News | 2011/03/18 17:01

New York City says it's fighting a $3 million lawsuit brought by a Brooklyn unicyclist who's taking issue with a technicality in city code.

Circus performer Kyle Peterson was issued a ticket in 2007 for violating an ordinance that prohibits riding a "two- or three-wheeled device" on sidewalks.

He filed the federal lawsuit against the city claiming his rights were violated because he was riding on one wheel.

Both summonses were dismissed in court but Peterson says he wants the freedom to ride his unicycle.

The Daily News says the city filed a motion to dismiss the suit this week, saying the law was intended to protect pedestrians.

The city says the difference between a bicycle and a unicycle "is negligible."



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