2/26/2019

High court deciding fate of cross-shaped Maryland memorial

The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial. Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk. The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war. The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.

Court upholds car rental tax imposed in Maricopa County

The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal. Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways. A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies. But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling. The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage. The surcharge is charged on car rental companies, but the costs are passed along to customers. Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case.

Governor says 'no executions' without court-backed drugs

Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate. Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method. Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system. After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long. The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious. Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.

Dominion to ask Supreme Court to hear pipeline appeal

Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail. Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service. A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial. The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia. The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.

2/13/2019

Court upholds order to unseal records in brazen lynching

A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp. A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings. Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river. Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone. Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.

2/08/2019

Man accused of kidnapping Wisconsin girl to appear in court

A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing. Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days. Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence. According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her. In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog. Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.