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Teen changes plea to guilty in deaths of mother, stepfather
U.S. Legal News |
2016/03/16 05:14
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A northern Wisconsin woman changed her plea to guilty Friday in the slaying of her mother and stepfather in a deal that has prosecutors recommending a 40-year prison sentence.
Ashlee Martinson, who was 17 at the time of the March 2015 killings, faces two counts of second-degree homicide, USA Today Network-Wisconsin reported. She had earlier pleaded innocent by reason of insanity in the killings at the family's home near Three Lakes.
According to court records filed Friday, Martinson told police she shot her stepfather, 37-year-old Thomas Ayers, in the neck and head. She then went to her mother, 40-year-old Jennifer Ayers, for solace, but her mother first tried to aid her husband, then armed herself with a knife to confront Martinson.
Martinson wrestled the knife from her mother and stabbed her more than 30 times. She then went downstairs and turned the family TV to show cartoons to her three sisters, ages 2 to 9. After showering, Martinson confined the younger girls in a room before fleeing to Indiana with her boyfriend, documents show.
Court documents say the Ayerses were killed the same day they warned Martinson's 22-year-old boyfriend to stay away from her because she was a minor.
Martinson told authorities she had been mentally and verbally abused by her stepfather and had seen him physically abuse her mother and siblings, according to court records.
The assessment also said Martinson had suffered from depression on and off since age 8, gaining in intensity at age 15. Martinson's sentencing is set for June 17.
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Court declines stay in redistricting; Congress elections off
U.S. Legal News |
2016/02/20 22:52
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The U.S. Supreme Court refused Friday night to stop a lower-court order demanding North Carolina legislators draw a new congressional map, meaning House primary elections won't occur next month as scheduled and are shifted to June.
The denial of the request by state of North Carolina attorneys for the justices to intervene came just hours after Republican lawmakers meeting in Raleigh voted for redrawn boundaries as a safeguard to comply with a federal court ruling that called two majority black districts racial gerrymanders. A new congressional elections calendar also was approved.
The General Assembly reconvened and passed a new map because a three-judge panel had ordered a replacement by Friday.
State attorneys argued that absentee ballots already were being requested for the March 15 primary election, and blocking districts used since 2011 would create electoral chaos and a costly separate House primary later in the year. But voters who sued over the boundaries said they shouldn't have to vote in illegal districts for another election cycle, like in 2012 and 2014.
The refusal — a one-sentence decision that said Chief Justice John Roberts had referred the request to the entire court — means the congressional primary elections will now occur June 7 under new boundaries that put two incumbents in the same district and seriously jeopardize the re-election of Democratic Rep. Alma Adams, who is now living in a strong Republican district.
Mollie Young, a spokeswoman for GOP House Speaker Tim Moore, said the legislative leaders' attorneys would review the decision before making a comment. |
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Supreme Court scuffle triggers constitutional clash
U.S. Legal News |
2016/02/18 22:52
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It only took one man's death to give Congress an opening to permeate its dysfunction throughout the rest of government.
Republican opposition to letting President Barack Obama replace the late Justice Antonin Scalia quickly sparked a constitutional clash over the president's right to fill Supreme Court vacancies. Democrats, who have their own history of boxing out Republicans over court nominees, are up in arms, but begrudgingly concede that Obama's pick is unlikely to be confirmed.
So as both parties prepare for political brawling, the eight remaining justices could spend the next year hearing critical cases alongside an empty seat, unable to break a tie in the event of a 4-4 split.
The standoff raises a scenario that Washington long has dreaded: that bitter partisanship in Congress, mixed with the tactics of obstruction such as the filibuster, would eventually jeopardize another branch's basic ability to function.
"If Republicans do what they suggest, I think we're headed not only for a constitutional crisis but also for big problems for the legislative process," said Jim Manley, a former aide to Senate Democratic leader Harry Reid of Nevada. "This is the natural reaction to the continued Senate breakdown we've seen for years."
Supreme Court nominees have been rejected before. Yet Democrats accuse Republicans of taking obstructionism to a new level by insisting Obama not even name a nominee with 11 months left in his term — and refusing to hold a confirmation vote if he does. Though the Constitution is clear that it is the president who nominates, Republicans say the Founding Fathers never required the Senate to give a vote.
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Court rejects AG Kane's request to reinstate law license
U.S. Legal News |
2016/02/08 20:54
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Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.
The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.
A Kane spokesman said the first-term Democrat was disappointed, but not surprised.
A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.
"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."
In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.
In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.
Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.
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NY court agrees to rehear Ex-Goldman board member's appeal
U.S. Legal News |
2016/02/05 20:54
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A federal appeals court in New York has agreed to rehear the appeal of the insider-trading conviction of a former board member for Goldman Sachs and Proctor & Gamble.
The 2nd U.S. Circuit Court of Appeals on Thursday issued an order saying it will rehear the claims of Rajat Gupta (rah-JAHT' GOOP'-tah). His lawyers say his 2012 conviction on conspiracy and securities fraud charges should be tossed because he was innocent and the jury was improperly instructed.
His attorney Gary Naftalis says he is pleased with the court's ruling and believes there are meritorious issues to present on appeal.
The 57-year-old Gupta is confined to his Westport, Connecticut, home. He won't be formally finished serving a two-year prison sentence until next month.
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Ohio's top court declines to change rules on plea deals
U.S. Legal News |
2016/01/16 19:50
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Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.
Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.
"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.
Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.
The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.
Donnelly said Thursday he was disappointed but would continue to push the issue.
Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.
More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence.
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