Top court: Social media posts violate no-contact order

Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook. The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation. In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections. "The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk." Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention. James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case. "Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her." After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation. Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."

12 audio files sent to prosecutors in Michael Cohen probe

A dozen audio recordings seized by the FBI from President Donald Trump's former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday. The recordings were among millions of files taken from Cohen in April as part of a criminal probe of his business practices. Barbara Jones, a court-appointed lawyer and former Manhattan federal judge helping to decide which of the seized files are protected by privilege, said in a court filing that prosecutors received the recordings on Friday after attorneys for Trump, Cohen and the Trump Organization dropped privilege claims. The same day, Trump attorney Rudy Giuliani said Cohen had recorded a conversation in which the president had discussed a potential payment to squash the story of a former Playboy model who said she had an affair with Trump. Giuliani said the brief recording shows Trump did nothing wrong. "The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said. In a weekend tweet, Trump called Cohen's practice of recording conversations "totally unheard of & perhaps illegal." Attorney Lanny Davis, speaking on Cohen's behalf, has said what is on the tape will not harm Cohen. Jones has been providing periodic updates on the privilege review of over four million items, mostly electronic, that were found on numerous computer storage devices and cellular phones seized from Cohen.

Subordinate courts in Telangana sit on pile of cases

Apart from the Hyderabad High Court, there is a heavy pendency of cases in the district and subordinate courts of Telangana and Andhra Pradesh as well. While in Telangana at least 4.9 lakh cases — both civil and criminal — are pending, in Andhra Pradesh 5.2 lakh cases are yet to be disposed of. According to a reply given by the minister of law and justice on July 18 in the Lok Sabha, around 2.7 lakh crore cases, both civil and criminal, are pending in the various district and subordinate courts across the country. The highest number of pendency of around 66 lakh cases is reported from Uttar Pradesh. This is followed by Maharashtra at 34 lakh and then West Bengal, Bihar and Gujarat. However, the good news for Telangana is that among all southern states, it has the lowest number of cases pending Lack of judges in lower courts and the high court has been attributed as the significant cause for pendency of cases. In Telangana and AP there are 75 judicial officers’ vacancies in district and city courts. In Hyderabad High Court, out of the sanctioned strength of 61 judges, there are 32 vacancies, according to the Union government. Overall, in the country, 417 posts of high court and Supreme Court judges are vacant. In Hyderabad High Court, 3.5 lakh cases are pending, which includes writs, civil and criminal appeals. Across the country, in all the high courts put together, around 43 lakh cases are pending. PP Chaudhary, minister of state for law and justice, in an answer to the question in Lok Sabha, said, “While existing vacancies of judges in the high court are filled up, further vacancies arise due to retirement, resignation or elevation of judges and due to increase in the strength of judges. Selection and appointment of judges in the subordinate courts is the responsibility of the high courts and state gover nments.” In 2015, 24 high courts set up arrears’ committees to clear the backlog of pending cases. District judges hold monthly meetings of all judicial officers to monitor progress in reduction of long pending cases. Supreme Court also constituted an arrears committee to formulate steps to reduce pendency of cases in high courts and district courts.

Yankton lawyer Jason Ravnsborg wins GOP attorney general nod

South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general. GOP delegates voted to nominate Ravnsborg at their state party convention, where the attorney general contest was the main show for attendees. Democrats nominated Seiler as their candidate at a party gathering last week. Ravnsborg won out over state Sen. Lance Russell in a second round of voting after Lawrence County State's Attorney John Fitzgerald was dropped from consideration following his third-place showing in the initial ballot. "We've been working hard," Ravnsborg said after he won. "I've been to every county in our state at least twice." Ravnsborg has proposed expanding programs that allow lower-level prisoners to work while serving their sentences and establishing a meth-specific prison and mental health facility in the western part of the state. He said he has leadership and management experience and touted his support among county sheriffs to delegates. Ravnsborg, 42, of Yankton, is a lieutenant colonel in the U.S. Army Reserve. He's looking to succeed outgoing Attorney General Marty Jackley as the state's chief lawyer and law enforcement officer. The high-profile office has served as a frequent springboard for gubernatorial hopefuls and takes on the state's top legal cases, such as South Dakota's recent successful push to get the U.S. Supreme Court to allow states to make online shoppers pay sales tax. Russell, a former state's attorney and current chairman of the Senate Judiciary Committee, had said he wanted to be attorney general to address rising crime and improve government transparency. Fitzgerald has been the Lawrence County state's attorney since 1995 and campaigned on his experience.

Lawsuit seeks lawyer access to immigrants in prison

A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon. Immigration and Customs Enforcement transferred 123 immigrants in early June to the federal prison in Sheridan, Oregon, because other holding facilities have been overloaded since the Trump administration enacted a "zero tolerance" policy in April involving people entering the U.S. illegally. The American Civil Liberties Union of Oregon filed the lawsuit in Portland on behalf of the detainees, who are mostly from Mexico and Central America. The lawyers say they've been denied meaningful access to the detainees, many of whom escaped violence in their home countries and are seeking asylum in the U.S. "The U.S. Constitution protects everyone who is on U.S. soil," said Mat Dos Santos, legal director of the ACLU of Oregon. "You have fundamental rights to due process of law. You can't just throw them in prison." An interfaith group, meanwhile, announced it would be holding Sunday morning services outside the prison. The Interfaith Movement for Immigrant Justice, which is organizing the services, is based in Portland. "With Attorney General Jeffrey Sessions invoking Romans 13 to validate the immoral separation of immigrant children from their families, this can no longer be a time for 'business as usual' for Christian communities," said the Rev. Michael Ellick of First Congregational United Church of Christ in Portland. Last week, Sessions cited a Bible verse urging obedience to the laws of government "for the purpose of order." Among the people being held in the medium-security prison is Luis Javier Sanchez Gonzalez, whose family was separated at the border when they sought asylum at a port of entry, the ACLU said.

Police shooting of boy spurs more protests, appeals

Protesters demonstrated Friday for a third day over the fatal police shooting in Pennsylvania of an unarmed black teen fleeing a traffic stop as they sought to get the attention of a nation engrossed by the immigration debate, and to pressure officials to charge the officer. Hundreds of marchers chanting "Who did this? The police did this" shut down a Pittsburgh area highway in the early morning hours, and a small group staged a sit-in outside the district attorney's office later in the day. Demands for answers to why a police officer shot 17-year-old Antwon Rose Jr. seconds after he bolted from a car grew with an emotional speech by state Rep. Jake Wheatley at the state Capitol, and a videotaped appeal by the legislator and two other black Pittsburgh area lawmakers for a "thorough and transparent investigation that builds community." "My heart is heavy right now," Wheatley said , decrying both Rose's death and the street violence that earlier in the week left a young rapper dead. "We cannot casually keep closing our eyes and ears to the fact there's a group of people whose lives seemingly don't matter." Rose was shot Tuesday night in East Pittsburgh, a suburb of Pittsburgh, after the car he was riding in was pulled over by Officer Michael Rosfeld because it matched the description of a car wanted in a shooting in a nearby town, police said. The car had bullet damage to a back window. As Rosfeld was taking the driver into custody, a video taken from a nearby house shows Rose and a second passenger running from the car. Three gunshots can be heard, and the passengers can be seen either falling or crouching as they pass between houses. It is unclear from the video if Rosfeld yelled for them to stop.

Supreme Court adopts new rules for cell phone tracking

The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations. The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks. He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.” The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime. The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required. In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.