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Appeals court orders judge to expunge woman's convictions
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2016/09/15 15:21
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A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.
The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.
The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.
The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."
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High Court won't hear dispute over birthright citizenship
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2016/06/12 11:16
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The Supreme Court has rejected an appeal from a group of American Samoans who say the United States should grant full citizenship to people born in the U.S. territory.
The justices on Monday let stand a lower court ruling that said the constitutional guarantee of birthright citizenship does not extend to the islands that have been a part of the country since 1900.
Current law considers American Samoans to be "nationals," not full citizens like those born in Puerto Rico, Guam and other U.S. territories. Nationals are allowed to work and live anywhere in the United States, but unlike citizens, they can't vote or hold elective office.
The challengers said that the law violates the 14th Amendment, which grants citizenship to anyone born in the United States. But the U.S. Court of Appeals for the District of Columbia Circuit ruled last year that birthright citizenship does not automatically apply to the nation's unincorporated political territories.
The lawsuit was filed by a small group of American Samoans who did not have the support of the islands' government officials. The government of American Samoa has argued that automatic U.S. citizenship could undermine local traditions and practices, including rules that restrict land ownership to those of Samoan ancestry.
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Court records: Apple's help sought in another iPhone case
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2016/02/26 09:17
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A federal magistrate in Chicago last November ordered Apple to help federal prosecutors access data on an iPhone in a personal bankruptcy and passport fraud case, one of more than a dozen cases around the country similar to the legal battle over the telephone of one of the San Bernardino shooting suspects.
Court records show U.S. Attorney Zachary Fardon filed a November 2015 motion saying law enforcement needed Apple's help to bypass the passcode to search, extract and copy data from an iPhone 5S owned by Pethinaidu and Parameswari Veluchamy, the Chicago Tribune reported.
An affidavit filed Nov. 13 said text messages, phone contacts and digital photos might help confirm wrongdoing. It also said data on the phone "may also provide relevant insight into the cellphone owner's state of mind as it relates to the offense under investigation."
The Chicago Sun-Times reported that U.S. Magistrate Judge Mary Rowland's order said Apple should provide authorities "reasonable technical assistance to enable law enforcement agents to obtain access to unencrypted data" She added Apple "may provide a copy of the encrypted data to law enforcement, but Apple is not required to attempt to decrypt, or otherwise enable law enforcement's attempts to access any encrypted data."
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Oldest death row inmate in Georgia, age 72, is executed
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2016/02/06 13:40
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Georgia executed a 72-year-old man, its oldest death row inmate, early Wednesday for the killing of a convenience store manager during a robbery decades ago.
The state Department of Corrections says Brandon Astor Jones was pronounced dead at 12:46 a.m. Wednesday after a lethal injection at the state prison in Jackson. He was convicted in the shooting death of suburban Atlanta store manager Roger Tackett.
The punishment was delayed for several hours while the U.S. Supreme Court considered late appeals from Jones' attorneys. They asked the justices to block the execution for either of two reasons: because Jones was challenging Georgia's lethal injection secrecy law or because he said his death sentence was disproportionate to his crime.
Around 11 p.m. Tuesday, the court denied the requests for a stay.
According to evidence at his trial, Jones and another man, Van Roosevelt Solomon, were arrested at a Cobb County store by a policeman who had driven a stranded motorist there to use a pay phone about 1:45 a.m. on June 17, 1979. The officer knew the store usually closed at midnight and was suspicious when he saw a car out front with the driver's door open and lights still on in the store.
The officer saw Jones inside the store, prosecutors have said. He entered and drew his weapon after hearing four shots. He found Jones and Solomon just inside a storeroom door and took them into custody. Tackett's body was found inside the storeroom.
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