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Court: Police executing 'no-knock' warrant before shooting
State Law Issues | 2017/02/14 01:13
Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.

WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.

The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.

Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.



Supreme Court nominee has defended free speech, religion
State Law Issues | 2017/02/13 01:13
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.

On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.

In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote.


California Supreme Court halts death penalty measure
State Law Issues | 2016/12/22 23:30
The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.

In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.

Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.

The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.

Supporters of the measure have called the lawsuit a frivolous stall tactic.

California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.



Court to unseal Clinton email search warrant
State Law Issues | 2016/12/21 23:31
A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.

The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.

A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.

Federal agents have been probing his online contact with a teenage girl.

The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.


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