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Supreme Court denies appeal in arson case
Court Issues |
2013/12/30 21:21
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The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.
The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.
Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.
Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.
He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.
In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal.
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Man pleads not guilty in rape, death of Ohio girl
Press Release |
2013/12/30 21:20
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An Ohio man pleaded not guilty Thursday in the rape and strangulation of a 9-year-old girl whose body was found in a trash bin at the trailer park where they were neighbors.
One of Jerrod Metsker's court-appointed attorneys entered the pleas for him in Wayne County court. Metsker, wearing a red jail outfit with his wrists handcuffed, appeared via video and did not speak during the brief hearing.
A grand jury had indicted the 24-year-old Metsker on charges of aggravated murder, kidnapping and rape. He is being held on $1 million bond. Authorities previously said the death penalty would be available as punishment if Metsker is convicted of murder.
Metsker was the last person seen with 9-year-old Reann Murphy at their trailer park in Smithville, southwest of Akron, authorities said. A caller identifying himself as Metsker reported Reann missing in a 911 call.
Her body was found Dec. 15 after a frantic search by neighbors and law enforcement. Metsker was arrested later that day. The prosecutor said she was likely killed at Metsker's mobile home between 5:30 p.m. and 7:30 p.m. on Dec. 14. |
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Gay couples wed in Utah after judge overturns ban
Court Issues |
2013/12/23 19:58
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Elisa Noel rushed to the county clerk's office with her partner immediately after learning that a federal judge overturned Utah's ban on gay marriage. They waited in line for a wedding license and were married in an impromptu ceremony punctuated with Noel giving the officiant a high-five.
"I can't believe this is Utah," Noel said moments after a ceremony that took place about 3 miles from the headquarters of the Mormon church.
Others had a similar reaction after a ruling by U.S. District Judge Robert J. Shelby that declared Utah's voter-approved ban on gay marriage unconstitutional. The recent appointee by President Obama said the ban violates the constitutional rights of gay couples and ruled Utah failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.
The ruling prompted a frenzy of activity by lawyers and gay couples. The Republican governor blasted the ruling as going against the will of the people. Gay couples rushed to the Salt Lake County Clerk's office en masse to secure marriage licenses, waiting in line by the dozens and getting married on the spot by the mayor and ministers. |
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Canadian court strikes down anti-prostitution laws
Law Firm News |
2013/12/23 19:58
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Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.
The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.
The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.
Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future. |
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