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Mississippi Supreme Court narrowly grants same-sex divorce
Court Watch |
2015/11/04 14:30
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The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.
Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.
On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.
In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.
Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.
Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.
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High court rejects ex-stockbroker's appeal in fraud case
Court Watch |
2015/11/01 21:59
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The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense.
The justices Monday let stand an appeals court ruling that said prosecutors didn't have to share information about the drug use of a key witness against George Georgiou. The lower court sided with prosecutors who said defense lawyers could have discovered the publicly available records on their own.
Georgiou's lawyers said prosecutors had a duty to disclose the information if they were aware of it. Several former Justice Department officials backed his claim and urged the court to take the case.
Georgiou was convicted on charges of manipulating markets of four stocks, causing $55 million in losses.
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Chinese woman pleads guilty in college test-taking scheme
Court Watch |
2015/10/30 21:59
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A Chinese woman pleaded guilty Thursday to conspiring to have two other women take college admissions examinations in her place to help her get accepted to Virginia Tech.
Yue Zou acknowledged having her boyfriend contact a China-based test-taking service.
After that happened, Zou, of Blacksburg, Virginia, supplied her passport information through an online network known as QQ Chat, which enabled people in China to create in her name phony passports that were shipped to her in the United States.
On the passports were the photos of two other Chinese women, who took tests in the Pittsburgh area while pretending to be her.
Assistant U.S. Attorney Jimmy Kitchen told the judge that Zou forwarded results from the Test of English as a Foreign Language, or TOEFL, to Virginia Tech in November 2013 and results of a Scholastic Aptitude Test, or SAT, taken by another Chinese impostor in March 2014.
Zou, from Hegang, a city in the Chinese province of Heilongjiang, paid an unspecified sum for the TOEFL and $2,000 for the SAT, Kitchen told a judge in U.S. District Court in Pittsburgh.
Zou, 21, faces up to five years in prison when she's sentenced in February. She could also be deported, though that will be handled by federal immigration officials in a separate proceeding.
Federal authorities haven't explained how they learned of the scheme.
Zou's attorney, Lyle Dresbold, told the judge that Zou will remain confined to her Blacksburg apartment with an electronic monitoring bracelet until she's sentenced. He told the judge she's still enrolled at Virginia Tech.
University spokesman Mark Owczarski said he could not comment on her status. But he said students found to have submitted work that is not their own to gain admission would face a range of possible sanctions, including expulsion, under the university's honor code.
Zou's TOEFL test was taken by Yunlin Sun, 24, of Berlin, Somerset County. She pleaded guilty in August and faces sentencing in December. Prosecutors say Ning Wei, from Taiyuan, in the Chinese province of Shanxi, took Zou's SAT. She hasn't been arrested, and prosecutors say they believe she returned to China.
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Court: Therapy dog didn't sway jury against sex offender
Court Watch |
2015/10/28 21:58
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A therapy dog used to calm a testifying young victim did not influence the jury during the trial of an Ohio man who was convicted of having sex with a minor and providing drugs to another, an appeals court ruled.
The Akron Beacon Journal reports the ruling on Michael Jacobs' complaint to the 9th District Court of Appeals is considered important in Ohio because it was the first time a state appellate court heard a case challenging the use of therapy dogs during trial.
Jacobs was convicted in 2014 of having sex with a minor and providing drugs to another. He's serving a four-year prison sentence.
He argued that the Labrador-golden retriever mix brought in by county prosecutors, named Avery II, was a distraction in the Summit County courtroom.
Prosecutors contended that the dog was out of the view of jurors as it sat by the child's feet.
The court ruled that judges are permitted to allow "a variety of special allowances" for young victims of sexual abuse who testify during a trial, including therapy dogs.
"One of my main objectives as Summit County prosecutor is to fight for the rights of victims, especially children. Avery plays a vital role in how my office focuses on the needs of crime victims," prosecutor Sherri Bevan Walsh said.
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US appeals court upholds gun laws after Newtown massacre
Court Watch |
2015/10/18 15:05
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A federal appeals court has upheld key provisions of New York and Connecticut laws banning possession of semi-automatic assault weapons and large-capacity magazines.
The 2nd U.S. Circuit Court of Appeals ruled Monday, finding that the core parts of the laws do not violate the Second Amendment.
The laws were passed after the December 2012 shooting massacre at Sandy Hook Elementary School in Connecticut killed 20 first-graders and six educators.
The three-judge panel did, however, agree with a lower court that a seven-round load limit in New York could not be imposed. And it found a Connecticut ban on a non-semi-automatic Remington 7615 unconstitutional.
The laws were opposed by groups supporting gun rights, pistol permit holders and gun sellers. Lawyers did not immediately return messages seeking comment.
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Court records: Ohio man on electronic monitor raped teen
Court Watch |
2015/10/15 23:11
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While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.
He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.
Court records don't list an attorney for Jackson.
State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.
Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.
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Georgia man accused in hot car death to appear in court
Court Watch |
2015/10/12 10:34
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A Georgia man accused of killing his toddler son by leaving him in a vehicle on a hot day is set to appear in court for a hearing.
Cobb County Superior Court Judge Mary Staley is set to hear arguments on pretrial motions Monday in the case of Justin Ross Harris.
Police have said Harris left 22-month-old Cooper in an SUV for about seven hours on a day when temperatures reached at least the high 80s in the Atlanta area. He faces multiple charges, including malice murder, felony murder and cruelty to children.
Harris has been in custody since June 18, 2014, the day his son died. He was indicted in September 2014 and has pleaded not guilty. His attorneys have said the child's death was a tragic accident.
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