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South African appeals court nears Pistorius ruling
Court News | 2015/11/29 23:13
An official says a top South African appeals court is finalizing a decision on whether to send Oscar Pistorius back to prison by overturning a lower court's manslaughter conviction and finding the double-amputee Olympian guilty of murdering girlfriend Reeva Steenkamp.

Paul Myburgh, registrar of the Supreme Court of Appeal, told The Associated Press on Monday that no date for the ruling has been announced.

Eyewitness News, a South African media outlet, says a ruling is expected this week. It cites unnamed court officials.

Pistorius, 29, was released from jail on Oct. 19 after serving a year in prison and is under house arrest.

Prosecutors say Pistorius shot Steenkamp during an argument on Valentine's Day 2013. The defense says Pistorius killed Steenkamp by mistake, thinking an intruder was in his house.



2 charged in pastor's wife killing say little in court
Topics in Legal News | 2015/11/28 23:14
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.


State Supreme Court suspends Hawaii telescope permit
Attorney News | 2015/11/18 10:29
The Hawaii Supreme Court on Tuesday temporarily suspended a permit that allows a giant telescope to be built on a mountain many Native Hawaiians consider sacred.
 
The court granted telescope opponents' request for an emergency stay of the effectiveness of the permit until Dec. 2, or until another court order.

The ruling was issued as protesters were gathering on Mauna Kea in anticipation of blocking telescope work from resuming. Work has been stalled since April amid protests.

"Mahalo ke akua," Kealoha Pisciotta, a longtime telescope opponent and one of the plaintiffs challenging the permit, repeated several times after hearing about the ruling. "Thank God."

Telescope officials announced last week a crew would return to the site this month to do vehicle maintenance work but they wouldn't specify a date.

A representative for the project said that TMT will respect the court's decision and stand down until Dec. 2.

"The Supreme Court's decision will give all parties involved in the appeal sufficient time to respond to the motion," TMT spokesman Scott Ishikawa said in a statement late Tuesday night.

Gov. David Ige said he will be conferring with the attorney general and the Department of Land and Natural Resources to determine the state's next steps.

"They cannot legally do any work on Mauna Kea," said Richard Naiwieha Wurdeman, the plaintiffs' attorney who filed the emergency request late Monday after hearing news reports that telescope crews would be going to the mountain on Wednesday.



NC court upholds teacher's molestation convictions
Attorney News | 2015/11/18 10:29
The North Carolina Court of Appeals has upheld last year's conviction of a former school teacher for molesting students repeatedly in the 1970s and 1980s.
 
The three-judge panel on Tuesday found no error in the trial of John Thomas Patterson of Mooresville. Patterson, who once worked at the former Mount Mourne Elementary School in Iredell County, is now serving life in prison.

Patterson had been a fourth-grade teacher at the school and resigned in the mid-1980s after the molestation accusations surfaced. Charges weren't filed until former students came forward at least 15 years later. About a dozen former students, now adults, ultimately testified at the trial.

The unanimous opinion rejected Patterson's appeal challenging both the jury instructions and the trial judge's refusal to dismiss the charges after evidence was presented.


Rick Perry indictment goes before Texas' top criminal court
Topics in Legal News | 2015/11/18 10:29
Former Texas Gov. Rick Perry wants the state's highest criminal court to dismiss felony charges against him that the Republican has partly blamed for his failed 2016 presidential bid.
 
The Texas Court of Criminal Appeals will hear arguments Wednesday about whether Perry should stand trial on charges of abusing his power while still governor. He's called the case a politically motivated attack that dampened his short-lived run for the White House.

A grand jury indicted Perry last year for making good on a threat to veto local funds after the Travis County district attorney refused to resign following a drunken-driving conviction.

Perry was originally indicted on two felony counts, but a lower court has already thrown out one of the charges. The court is not expected to rule immediately.


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