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Court records: Ohio man on electronic monitor raped teen
Court Watch | 2015/10/16 23:16
While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
 
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.

He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.

Court records don't list an attorney for Jackson.

State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.

Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.



Thousands turn up at court to support Catalan leader
Court Watch | 2015/10/15 23:16
Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
   
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.

Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.

Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.

The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.



Arkansas court tosses conviction in woman's meth case
Court Watch | 2015/10/02 10:59
The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
 
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.

In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.

But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.

"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."

The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.

"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."

Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.





Court quashes some District of Columbia gun laws
Court Watch | 2015/09/20 22:53
In a mixed decision, a federal appeals court on Friday struck down as unconstitutional several strict gun registration laws in the nation's capital, but upheld other restrictions aimed at public safety.  

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the city cannot ban gun owners from registering more than one pistol per month or require owners to re-register a gun every three years. The court also invalidated requirements that owners make a personal appearance to register a gun and pass a test about firearms laws.

But the court upheld other parts of the law, such as requiring that so-called long guns — including rifles and shotguns — be registered along with handguns. The ruling also allows gun owners to be fingerprinted and photographed, pay certain fees and complete a firearms safety training course.

In all, the court upheld six gun laws and struck down four.

The District of Columbia put the registration laws in place after a landmark 2008 Supreme Court decision that struck down a 32-year-old handgun ban in the District of Columbia. The high court ruled in that case the Second Amendment protects handgun possession for self-defense in the home.

A federal judge had previously upheld all the new registration laws, considered among the strictest in the nation.

District of Columbia officials argued that the laws were aimed at preserving gun owners' constitutional rights while also protecting the community from gun violence.

But writing for the appeals court majority, Judge Douglas Ginsburg said some of the laws did not pass constitutional muster. He rejected, for example, the city's argument that the one-pistol-per-month rule would reduce illegal trafficking in weapons.


Kentucky court session planned in former women's coach case
Court Watch | 2015/09/08 23:01
A pretrial conference is planned in the case of a former college women's basketball coach accused of groping a player.

The session has been scheduled for Tuesday morning in a Kenton County court for Bryce McKey. McKey's attorney has entered a not-guilty plea for him on a charge of third-degree sexual abuse, a misdemeanor.

Hours after his arraignment Aug. 14, the University of Maryland announced that he had resigned as an assistant women's basketball coach.

According to a sworn affidavit, a player McKey coached as an assistant at Xavier said McKey asked her to come to his home in Covington, Kentucky, in May. She said during the evening, he repeatedly touched her inappropriately.

McKey has been ordered to stay away from her, and from Xavier's campus and events.





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