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Criminal Defense News of the Week

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This wikilog article is a draft, it was not published yet.

by: Sduclos • November 20, 2012 • no comments

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==='''Ashland Wiretap Case Overturned by 9<sup>th</sup> Circuit'''===
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==='''Cuffed, Stuffed, and Shot Himself in the Temple?''' in Jonesboro, Ark.===
  
"A federal appeals court has overturned an order that the federal government pay the attorney fees of an Islamic group that claimed it was the target of the Bush administration's warrantless wiretap program.  
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"Carter was held on an outstanding warrant, frisked, found in possession of a small amount of marijuana, placed in a patrol car and handcuffed, according to [http://www.kait8.com/link/577939/pdf-jpd-press-release-on-chavis-carter-investigation police reports].A short time later, officers noticed Carter slumped in the backseat of the cruiser, covered in blood, according to an [https://www.documentcloud.org/documents/412428-chavis-carter-autopsy-report.html autopsy report released Monday]. The report found Carter had managed to conceal a handgun, which he used to shoot himself in the right side of the head. He later died at a hospital, and the report listed his death as a suicide.
  
The 9th Circuit U.S. Court of Appeals ruled Tuesday that a lower court judge was wrong to award more than $2.5 million to attorneys for the Ashland chapter of the now-defunct Al-Haramain Islamic Foundation. The foundation waged a nearly five-year legal challenge to the Bush administration's so-called Terrorist Surveillance Program. The appeals court ruled that the federal government is immune to such claims."
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"Apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report said."
  
''Associated Press'' - [http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/08/wiretap_ruling_against_federal.html "Court Overturns Wiretap Ruling" by Paul Elias]
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- ''LA Times, ''Aug 20, 2012, "[http://www.latimes.com/news/nation/nationnow/la-na-nn-arkansas-handcuff-suicide-20120820,0,2540888.story Handcuffed--but he shot himself,]" b<span class="toolSet" style="width: 345px"><span class="byline">y Molly Hennessy-Fiske</span></span>
  
==='''What Does ''Miller v. Alabama'' Really Do For People Convicted and Sentenced to Life as Minors?'''===
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===<span class="toolSet" style="width: 345px"><span class="byline">'''Portland'''</span></span> Police Release Video of Billy Simms Shooting===
  
"When Dennis Epps learned in June that the Supreme Court had struck down mandatory life without parole sentences for kids convicted of murder, he was hopeful. His brother, David, was given such a sentence for home burglary-murder committed at 16 and has spent most of his 48 years behind bars.
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"Portland police on Monday released the [http://videos.oregonlive.com/oregonian/2012/08/portland_police_release_video.html video] surveillance images they obtained from a North Portland 7-Eleven that shows different camera views of the Portland police officer-involved shooting of 28-year-old Billy W. Simms on July 28....
 +
The video was shown to members of a Multnomah County grand jury, which found no criminal wrongdoing by the officer who fired six shots from his AR-15 rifle at Simms, killing him."
  
<nowiki>***</nowiki>
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- ''The Oregonian'', Aug 20, 2012, "[http://www.oregonlive.com/portland/index.ssf/2012/08/portland_police_release_video_2.html Portland Police Release Video surveillance images from police shooting of Billy W. Simms]" by Maxine Bernstein
  
But Epps's brother is unlikely going anywhere soon. A few weeks after the ruling, Iowa Gov. Terry Branstad announced he would commute the life without parole sentences of 38 juvenile offenders, and make them eligible for parole after 60 years. David Epps would be in his mid-seventies when he could first be released."
+
===Alabama Immigration Law - Mixed Bag===
  
''Pro Publica''- [http://www.propublica.org/article/despite-supreme-court-ruling-many-minors-may-stay-in-prison-for-life "Despite Supreme Court Ruling, Many Minors May Stay in Prison For Life" by Suevon Lee]
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"Part of Alabama's [http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration_and_refugees/index.html?inline=nyt-classifier immigration] law that ordered public schools to check the citizenship status of new students was ruled unconstitutional on Monday by a federal appeals court that also said the police in that state and Georgia can demand papers from criminal suspects they have detained. The 11th Circuit Court of Appeals ruled that the Alabama schools provision wrongly singles out children who are in the country illegally. [...]The panel did leave in place part of the injunction blocking a section of the Georgia law that allows for the prosecution of certain individuals who knowingly harbor or transport an illegal immigrant during the commission of a crime."
  
==='''North Dakota Trial Court Allows Drone Surveillance of Alleged Cow Thief'''===
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- ''NYT'', Aug 20, 2012, "[http://www.nytimes.com/2012/08/21/us/alabama-court-gives-mixed-rulings-on-immigration-checks.html?ref=us Alabama-Court Gives Mixed Rulings on Immigration Law]" by AP
  
"A judge denied a request to dismiss charges Wednesday against Rodney Brossart, a man arrested last year after a 16-hour standoff with police at his Lakota, N.D., ranch.
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==='''Anti-Camping Law Stands'''===
  
<nowiki>***</nowiki>
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"Portland's [http://www.portlandonline.com/auditor/index.cfm?a=15427&c=28513 anti-camping law] is alive after withstanding a nearly four-year-old legal battle.
  
Court records state that last June, six cows wandered onto Brossart's 3,000 acre farm, about 60 miles west of Grand Forks. Brossart allegedly refused to return the cows, which led to a long, armed standoff with the Grand Forks police department. At some point during the standoff, Homeland Security, through an agreement with local police, offered up the use of an unmanned predator drone, which "was used for surveillance," according to the court documents."
+
On Wednesday, the Portland City Council will vote to end the federal lawsuit filed by the Oregon Law Center on behalf of homeless residents.
  
''US News -''[http://www.usnews.com/news/articles/2012/08/02/court-upholds-domestic-drone-use-in-arrest-of-american-citizen "Court Upholds Domestic Drone Use in Arrest of American Citizen" by Jason Koebler]
+
As part of the [http://www.portlandonline.com/auditor/index.cfm?c=50265&a=408353 settlement], Portland will pay $3,200 to six plaintiffs and $37,000 to cover the law center's legal fees. That money, in turn, will be transferred back to the city's Housing Bureau for rental assistance programs. But the law -- which disallows tents -- will survive."
  
==='''Haugen Wins Right to Reject Reprieve in the Trial Court'''===
+
- ''The Oregonian'', Aug 20, 2012, "A[http://www.oregonlive.com/portland/index.ssf/2012/08/anti-camping_law_stands_but_po.html nti-Camping Law Stands, but Portland will Pay $3,200 to Homeless Plaintiffs]" by Mark Schmidt
 
+
{{wl-publish: 2012-08-21 11:32:59 -0700 | sduclos }}
"Death row inmate Gary Haugen won a legal battle Friday against Gov. John Kitzhaber when a judge ruled he could reject the governor's reprieve of his execution and move forward in his efforts to die by lethal injection.
+
 
+
***
+
 
+
[Judge] Alexander's opinion says that Kitzhaber can give Haugen a reprieve until he leaves office, but Haugen is not obliged to accept it.
+
 
+
'Because (Haugen) has unequivocally rejected the reprieve, it is therefore ineffective," the judge wrote.' "
+
 
+
''The Oregonian'' - [http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/08/judge_rules_inmate_gary_haugen.html "Judge Rules Inmage Gary Haugen, Seeking Execution, Has Right to Reject Governor's Reprieve" by Bryan Denson].
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{{wl-publish: 2012-08-07 14:27:03 -0700 | sduclos }}
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Revision as of 17:31, December 21, 2012

Contents

Cuffed, Stuffed, and Shot Himself in the Temple? in Jonesboro, Ark.

"Carter was held on an outstanding warrant, frisked, found in possession of a small amount of marijuana, placed in a patrol car and handcuffed, according to police reports.A short time later, officers noticed Carter slumped in the backseat of the cruiser, covered in blood, according to an autopsy report released Monday. The report found Carter had managed to conceal a handgun, which he used to shoot himself in the right side of the head. He later died at a hospital, and the report listed his death as a suicide.

"Apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report said."

- LA Times, Aug 20, 2012, "Handcuffed--but he shot himself," b

Police Release Video of Billy Simms Shooting

"Portland police on Monday released the video surveillance images they obtained from a North Portland 7-Eleven that shows different camera views of the Portland police officer-involved shooting of 28-year-old Billy W. Simms on July 28.... The video was shown to members of a Multnomah County grand jury, which found no criminal wrongdoing by the officer who fired six shots from his AR-15 rifle at Simms, killing him."

- The Oregonian, Aug 20, 2012, "Portland Police Release Video surveillance images from police shooting of Billy W. Simms" by Maxine Bernstein

Alabama Immigration Law - Mixed Bag

"Part of Alabama's immigration law that ordered public schools to check the citizenship status of new students was ruled unconstitutional on Monday by a federal appeals court that also said the police in that state and Georgia can demand papers from criminal suspects they have detained. The 11th Circuit Court of Appeals ruled that the Alabama schools provision wrongly singles out children who are in the country illegally. [...]The panel did leave in place part of the injunction blocking a section of the Georgia law that allows for the prosecution of certain individuals who knowingly harbor or transport an illegal immigrant during the commission of a crime."

- NYT, Aug 20, 2012, "Alabama-Court Gives Mixed Rulings on Immigration Law" by AP

Anti-Camping Law Stands

"Portland's anti-camping law is alive after withstanding a nearly four-year-old legal battle.

On Wednesday, the Portland City Council will vote to end the federal lawsuit filed by the Oregon Law Center on behalf of homeless residents.

As part of the settlement, Portland will pay $3,200 to six plaintiffs and $37,000 to cover the law center's legal fees. That money, in turn, will be transferred back to the city's Housing Bureau for rental assistance programs. But the law -- which disallows tents -- will survive."

- The Oregonian, Aug 20, 2012, "Anti-Camping Law Stands, but Portland will Pay $3,200 to Homeless Plaintiffs" by Mark Schmidt