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Michelle Carter text suicide trial verdict: Guilty
Opinions | 2017/06/16 10:05
A young Massachusetts woman accused of sending her boyfriend dozens of text messages urging him to kill himself when they were teenagers was found guilty of involuntary manslaughter Friday.

Michelle Carter was charged in the death of Conrad Roy III. Carter, then 17, cajoled Roy to kill himself in July 2014 with a series of texts and phone calls, prosecutors alleged. Roy died when his pickup truck filled with carbon monoxide in a store parking lot in Fairhaven. After he exited the truck, Carter told him to "get back in," prosecutors said.

Prosecutors allege Carter pushed Roy to commit suicide because she was desperate for attention and sympathy from classmates, reports CBS Boston, and wanted to play the role of a grieving girlfriend. Carter's lawyer, Joseph Cataldo, said Roy was intent on killing himself and took Carter along on his "sad journey."

Carter waived her right to a jury trial, so Juvenile Court Judge Lawrence Moniz decided the case. He began deliberating late Tuesday after closing arguments concluded and read his verdict Friday morning.

While Roy took "significant actions of his own" to take his own life, Carter's instruction to get back in the truck constituted wanton and reckless conduct, the judge said. Even though she knew he was in the truck, she didn't take action to help him by calling the police or his family, Moniz said.

"She called no one and finally she did not issue a simple additional instruction -- get out of the truck," Moniz said.

Carter cried as the judge read his verdict and sobs broke out in the courtroom.

The judge set sentencing for Aug. 3. He ruled that Carter, now 20, can remain free on bail but ordered her not to make any contact with Roy's family and not to leave the state. She faces a sentence of probation to 20 years in prison.



Same-sex marriage opponents urge Supreme Court to go slow
Opinions | 2015/06/24 09:05
Same-sex marriage opponents acknowledge they face a tough task in trying to persuade the Supreme Court to allow states to limit marriage to a man and a woman.

But they are urging the court to resist embracing what they see as a radical change in society's view of what constitutes a marriage, especially without more information about how same-sex marriage affects children who are raised by two fathers or two mothers.

The idea that same-sex marriage might have uncertain effects on children is strongly contested by those who want the court to declare that same-sex couples have a right to marry in all 50 states. Among the 31 plaintiffs in the cases that will be argued at the court on April 28 are parents who have spent years seeking formal recognition on their children's birth certificates or adoption papers.

But opponents, in dozens of briefs asking the court to uphold state bans on same-sex marriage, insist they are not motivated by any prejudice toward gays and lesbians.

"This is an issue on which people of good will may reasonably disagree," lawyer John Bursch wrote in his defense of Michigan's gay-marriage ban. Bursch argued on behalf of the states that same-sex couples can claim no constitutional right to marriage.

Same-sex couples now can marry in 36 states and the District of Columbia, the product of a dizzying pace of change in state marriage laws. Just three years ago, only six states allowed it.


Back Pay Award Reduced Based on Laches in Class Action
Opinions | 2012/03/01 10:20
The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.

In this class action, employees who worked in "state institutions" claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in "state offices" who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.

The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.

http://www.indianalawupdate.com/entry/Back-Pay-Award-Reduced-Based-on-Laches-in-Class-Action



More US Catholics take complaints to church court
Opinions | 2012/01/15 09:38
Parents upset by the admission policy at a parochial school. Clergy and parishioners at odds over use of their building. A priest resisting a transfer to another parish.

It was once assumed that disagreements like these in the Roman Catholic Church would end one way: with the highest-ranking cleric getting the last word.

But that outcome is no longer a given as Catholics, emboldened following the clergy abuse scandals that erupted a decade ago this month, have sought another avenue of redress.

In recent years, clergy and lay people in the United States have increasingly turned to the church's internal legal system to challenge a bishop's or pastor's decision about even the most workaday issues in Catholic life, according to canon lawyers in academia, dioceses and in private practice. Sometimes, the challengers even win.

In one example cited by veteran canon lawyers, parishioners wanted to bar musical performances in their church that weren't liturgical. Their priest had been renting space to a local band. In another case, a nun filed a petition after a religious superior disclosed the nun's medical information to others — a potential violation of privacy. Regarding bishops' often contentious decisions to close parishes, the liberal reform group FutureChurch posts a guide on its website called "Canonical Appeals for Dummies" on seeking Vatican intervention to stay open.


Mich. court bars sale of medical marijuana
Opinions | 2011/08/24 10:10

Medical marijuana cannot be sold through private shops, the Michigan appeals court said Wednesday in a major decision that strikes at businesses trying to cash in on pot and cuts off a source for people with chronic ailments.

A three-judge panel said the 2008 medical marijuana law, as well as the state's public health code, does not allow people to sell pot to each other, even if they're among the 99,500 who have state-issued marijuana cards.

The court said Compassionate Apothecary in Mount Pleasant, Mich., can be immediately shut down as a "public nuisance." The 3-0 decision means local authorities can pursue similar businesses, estimated at 200 to 300, in their communities.

It was not immediately clear whether they would, but state Attorney General Bill Schuette said he's notifying all 83 county prosecutors.

"This ruling is a huge victory for public safety and Michigan communities struggling with an invasion of pot shops near their schools, homes and churches," Schuette said in a statement. "The court echoed the concerns of law enforcement, clarifying that this law is narrowly focused to help the seriously ill, not the creation of a marijuana free-for-all."

Of course, not everyone shares that view. Chuck Ream, president of an Ann Arbor shop, called the ruling an "assault on democracy" nearly three years after voters approved marijuana as a way to relieve pain or other medical problems. He estimates that one-third of people with marijuana cards get pot through dispensaries, with others growing their own or getting it through a registered caregiver.



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