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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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===What Should NY Do About the Central Park Jogger Case?===
  
"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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"For nine years, New York City has fought a civil rights suit[http://www.nytimes.com/2003/12/09/nyregion/3-of-5-in-jogger-case-sue-city-charging-a-wide-conspiracy.html  ] by five men whose convictions in the 1989 rape of the woman known as the Central Park jogger were [http://www.nytimes.com/2002/12/20/nyregion/convictions-and-charges-voided-in-89-central-park-jogger-attack.html overturned]. Officials have even tried to subpoena information from Ken Burns, whose [http://www.cinemablend.com/new/Trailer-Ken-Burns-Documentary-Central-Park-Five-Arrives-33719.html documentary] about the case opens Friday. The district attorney said DNA evidence and a review of the investigation showed that the confessions of the defendants, who were teenagers at the time, were false and that another man was the lone attacker. Police say that they did nothing wrong and that they still believe the five men were involved in the attack.
  
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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Should the city acknowledge mistakes in the case and settle this lawsuit?"
  
''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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The New York Times posted several opinions from various commentators from former mayors to ministers and law professors.
  
==='''What Does ''Miller v. Alabama'' Really Do For People Convicted and Sentenced to Life as Minors?'''===
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- Room for Debate, "[http://www.nytimes.com/roomfordebate/2012/11/19/justice-and-the-central-park-jogger-case/?ref=opinion Justice and the Central Park Jogger Case]," NYT, Nov. 19, 2012.''' '''
  
"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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===Lawsuit Filed Against PPB For Failing to Provide Sign Language Interpreters===
  
<nowiki>***</nowiki>
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"A deaf Portland man who reported he was the victim of a domestic assault said police and 9-1-1 operators failed to respond with a sign language interpreter, hampering the police inquiry and putting him at risk.
  
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."
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Philip Wolfe, 39, is suing the city of Portland in federal court, alleging the city violated the Americans With Disabilities Act, which prohibits discrimination against people with disabilities in state and local government services.
  
''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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Wolfe's allegations highlight a gaping hole in Portland Police Bureau policy: Twenty-two years after the ADA was enacted, the bureau lacks any protocol on how to respond to people who are hearing impaired.
  
==='''North Dakota Trial Court Allows Drone Surveillance of Alleged Cow Thief'''===
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Wolfe is seeking a court order requiring the city to adopt uniform policies for police and emergency dispatchers to ensure sign language interpreters are supplied when a deaf crime victim or witness makes a report, requests assistance or is interviewed by police.
  
"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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'During Plaintiff's contact with the police, he was overwhelmed, disoriented and hurt,' his attorney Daniel Snyder wrote in the suit. 'Plaintiff was unable to understand the police officers clearly.' "
  
<nowiki>***</nowiki>
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- Maxine Bernstein, "[http://www.oregonlive.com/portland/index.ssf/2012/11/portland_police_and_9-1-1_fail.html Lack of Portland Police, 9-1-1 Policies for Interpreters Discriminates Against People Who Are Deaf, Lawsuit Alleges]," The Oregonian, nov 16, 2012.
  
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."
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==='''Portland Police Car Rolls Over Man Stopped for Jaywalking'''===
  
''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]
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"A police car accidentally rolled over a man stopped for jaywalking in downtown Portland Monday night, according to Portland Police.
  
==='''Haugen Wins Right to Reject Reprieve in the Trial Court'''===
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A police press release said that Jimmy Miles Duffey, 31, ran from officers when they tried to stop him for jaywalking near Southwest 12th Avenue at Columbia Street. They pursued Duffey and eventually caught him at Southwest Park Avenue at Main Street.
  
"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.
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While taking Duffey into custody, officers had him lie on the ground, police said. When more police arrived on the scene, an officer got out of a police car but left it in gear. The vehicle ran over Duffey where they lay on the ground, police said."
  
***
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- Courtney Sherwood, "[http://www.opb.org/news/article/police-car-rolls-over-man-stopped-for-jaywalking/ Police Car Rolls Over Man Stopped for Jaywalking]," OPB News, Nov. 20, 2012.
  
[Judge] Alexander's opinion says that Kitzhaber can give Haugen a reprieve until he leaves office, but Haugen is not obliged to accept it.
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===State Judicial Elections Increasingly Funded by Special Interest PACs===
  
'Because (Haugen) has unequivocally rejected the reprieve, it is therefore ineffective," the judge wrote.' "
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"This year's round of state judicial elections broke previous records for the amounts spent on judicial campaigns around the country. The dominant role played by special-interest money - including money from super PACs financed by undisclosed donors - has severely weakened the principle of fair and impartial courts. ***
  
''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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This year's experience should at least hasten state efforts to revise rules for judicial recusal to take campaign contributions into account. Mandatory disclosure of all donations to a judicial race is also essential. Litigants cannot know when they should request that a judge step aside if they cannot tell whether their case involves a party that supported the judge's campaign."
{{wl-publish: 2012-08-07 14:27:03 -0700 | sduclos }}
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- Editorial, "[http://www.nytimes.com/2012/11/19/opinion/judicial-elections-unhinged.html?ref=todayspaper&_r=0 Judical Elections, Unhinged]," NYT, Nov. 18, 2012''' '''
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{{wl-publish: 2012-11-20 12:45:12 -0800 | sduclos }}

Latest revision as of 19:12, December 21, 2012

Contents

What Should NY Do About the Central Park Jogger Case? [edit]

"For nine years, New York City has fought a civil rights suit[1] by five men whose convictions in the 1989 rape of the woman known as the Central Park jogger were overturned. Officials have even tried to subpoena information from Ken Burns, whose documentary about the case opens Friday. The district attorney said DNA evidence and a review of the investigation showed that the confessions of the defendants, who were teenagers at the time, were false and that another man was the lone attacker. Police say that they did nothing wrong and that they still believe the five men were involved in the attack.

Should the city acknowledge mistakes in the case and settle this lawsuit?"

The New York Times posted several opinions from various commentators from former mayors to ministers and law professors.

- Room for Debate, "Justice and the Central Park Jogger Case," NYT, Nov. 19, 2012.

Lawsuit Filed Against PPB For Failing to Provide Sign Language Interpreters [edit]

"A deaf Portland man who reported he was the victim of a domestic assault said police and 9-1-1 operators failed to respond with a sign language interpreter, hampering the police inquiry and putting him at risk.

Philip Wolfe, 39, is suing the city of Portland in federal court, alleging the city violated the Americans With Disabilities Act, which prohibits discrimination against people with disabilities in state and local government services.

Wolfe's allegations highlight a gaping hole in Portland Police Bureau policy: Twenty-two years after the ADA was enacted, the bureau lacks any protocol on how to respond to people who are hearing impaired.

Wolfe is seeking a court order requiring the city to adopt uniform policies for police and emergency dispatchers to ensure sign language interpreters are supplied when a deaf crime victim or witness makes a report, requests assistance or is interviewed by police.

'During Plaintiff's contact with the police, he was overwhelmed, disoriented and hurt,' his attorney Daniel Snyder wrote in the suit. 'Plaintiff was unable to understand the police officers clearly.' "

- Maxine Bernstein, "Lack of Portland Police, 9-1-1 Policies for Interpreters Discriminates Against People Who Are Deaf, Lawsuit Alleges," The Oregonian, nov 16, 2012.

Portland Police Car Rolls Over Man Stopped for Jaywalking [edit]

"A police car accidentally rolled over a man stopped for jaywalking in downtown Portland Monday night, according to Portland Police.

A police press release said that Jimmy Miles Duffey, 31, ran from officers when they tried to stop him for jaywalking near Southwest 12th Avenue at Columbia Street. They pursued Duffey and eventually caught him at Southwest Park Avenue at Main Street.

While taking Duffey into custody, officers had him lie on the ground, police said. When more police arrived on the scene, an officer got out of a police car but left it in gear. The vehicle ran over Duffey where they lay on the ground, police said."

- Courtney Sherwood, "Police Car Rolls Over Man Stopped for Jaywalking," OPB News, Nov. 20, 2012.

State Judicial Elections Increasingly Funded by Special Interest PACs [edit]

"This year's round of state judicial elections broke previous records for the amounts spent on judicial campaigns around the country. The dominant role played by special-interest money - including money from super PACs financed by undisclosed donors - has severely weakened the principle of fair and impartial courts. ***

This year's experience should at least hasten state efforts to revise rules for judicial recusal to take campaign contributions into account. Mandatory disclosure of all donations to a judicial race is also essential. Litigants cannot know when they should request that a judge step aside if they cannot tell whether their case involves a party that supported the judge's campaign."

- Editorial, "Judical Elections, Unhinged," NYT, Nov. 18, 2012