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Minn. Supreme Court sides with HIV-positive man
Court Watch |
2013/08/27 06:49
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The Minnesota Supreme Court rejected a prosecutor's effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man, ruling Wednesday that the statute under which he was convicted was ambiguous.
Groups supporting gay rights said the ruling affirms the need for government to respect the personal and private decisions of consenting adults regarding sexual intimacy. The prosecutor contended the case was never a civil rights issue, but rather about protecting the public from people who know they're infected but practice unprotected sex anyway.
The high court affirmed a Court of Appeals decision that reversed the attempted first-degree assault conviction of Daniel James Rick, 32, of Minneapolis, who learned he was HIV positive in 2006. He had consensual sex several times starting in early 2009 with a man identified in court papers as D.B., who tested positive that October.
A jury acquitted Rick in 2011 under the first part of a Minnesota statute that applies to cases involving sex without first informing the other person that the defendant has a communicable disease. But it convicted him under another section that the Supreme Court ruled Wednesday applies only "to the donation or exchange for value of blood, sperm, organs, or tissue and therefore does not apply to acts of sexual conduct." |
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Coast Guard takes rape case to SC court-martial
Court Watch |
2013/07/03 15:28
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A Coast Guard petty officer accused of rape, sexual assault and other charges will face a court-martial expected to begin in September in South Carolina, military officials said Tuesday.
The commander of the Coast Guard district headquartered in Portsmouth, Va., said in a news release that a hearing found grounds to put Petty Officer 2nd Class Omar Gomez on trial in Charleston.
The charges allege that Gomez, 35, engaged in a range of sexual misconduct from rape to inappropriate comments involving two civilians and six Coast Guard women.
The investigation began after a reported sexual assault last September aboard the Coast Guard Cutter Gallatin, which is based in Charleston. Officials say that led to other cases ranging from the Seattle area to Honduras and Guantanamo Bay, Cuba.
Gomez has been assigned to another unit in South Carolina.
A charge related to an alleged 2006 rape will not be pursued because the victim decided not to participate in legal proceedings, the Coast Guard said. |
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Court hears arguments on NYC's big soda ban
Court Watch |
2013/06/12 20:43
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A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.
The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.
The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.
During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.
Justice David Friedman said the city appeared to be asking for unprecedented authority to regulate all sorts of portion sizes, including "the number of doughnuts a person could eat, the number of scoops of ice cream" and number of servings of fried chicken.
Several times, Justice Dianne Renwick questioned whether the 16-ounce size limit was scientifically arbitrary, given that it is based on liquid volume rather than a measure of how much sugar is actually in a beverage. The limit, she noted, meant that some drinks with high amounts of sugar would be allowed, while others with less sweetener would be banned. |
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Missouri man sentenced for murder of attorney
Court Watch |
2013/05/23 18:55
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A St. Louis man has been sentenced to life in prison after pleading guilty to murdering a lawyer who was beaten, stabbed and strangled in a 14-minute struggle.
The St. Louis Post-Dispatch reports 46-year-old Cleophus King entered the plea Wednesday in the March 2008 killing of Luke Meiners, an assistant St. Louis County counselor.
King’s accomplice, Ferguson resident Ronald Johnson, received the same sentence after pleading guilty in 2010.
Prosecutors said Johnson lured Meiners — an acquaintance — to King’s home by saying he needed a ride there to laundry. In fact, prosecutors said, the two had planned in advance to rob Meiners and killed him when he resisted.
Johnson and King used Meiners’ vehicle to dump his body in Venice, then stole electronics from his University City apartment. |
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