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Criminal Defense News of the Week

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by: Sduclos • November 20, 2012 • no comments

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