Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
Contents |
Ashland Wiretap Case Overturned by 9th Circuit
"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.
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."
Associated Press - "Court Overturns Wiretap Ruling" by Paul Elias
What Does Miller v. Alabama Really Do For People Convicted and Sentenced to Life as Minors?
"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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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."
Pro Publica- "Despite Supreme Court Ruling, Many Minors May Stay in Prison For Life" by Suevon Lee
North Dakota Trial Court Allows Drone Surveillance of Alleged Cow Thief
"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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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."
US News -"Court Upholds Domestic Drone Use in Arrest of American Citizen" by Jason Koebler
Haugen Wins Right to Reject Reprieve in the Trial Court
"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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[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 - "Judge Rules Inmage Gary Haugen, Seeking Execution, Has Right to Reject Governor's Reprieve" by Bryan Denson.
