Judge tosses lawsuit against Warren council
MOUNT CLEMENS (AP) — A judge has thrown out a lawsuit over changes to the way City Council members in the Detroit suburb of Warren are elected.
Macomb County Court Circuit Judge Matthew Switalski made the decision after hearing arguments about the case. Voters amended the city charter last year to switch to mostly election by districts.
The lawsuit was filed earlier this month by Eugene Sawyer and Dean Berry, two at-large candidates in the November election. They claim the Warren Tea Party circulated misleading petitions about the proposed changes. Their lawyer plans to appeal.
The group says it was upfront about the proposals and was pleased with the judge’s decision.
The charter shrinks council from nine to seven members and makes five seats elected by district and two at-large.
Fortune teller case seen as free speech issue
CHARLESTON, S.C. (AP) — The case of a fortune teller arrested in Charleston is either one of free speech or simply one of a man blocking the sidewalk.
The Post and Courier of Charleston report that Jonathan Spiel was ticketed for blocking the sidewalk after setting up chairs and a table to read fortune-telling cards.
Susan Dunn with the American Civil Liberties Union says Spiel is a street performer and wants the tickets dismissed.
Dunn says if the tickets stand, it would allow the city to target others using items of furniture in exercise of free speech.
The city says it can regulate who sets up on sidewalks to protect pedestrians and drivers. It wants Spiel to pay $732 in tickets.
Conviction in killing of officer overturned
WASHINGTON (AP) — The Supreme Court has overturned the conviction of a man who fatally shot a police officer in Florida in 1998.
The high court ruled recently that the lower court should reconsider the conviction of Charles Fowler, who was given life in prison for the shooting death of officer Todd Horner.
Fowler was convicted under a federal law that bans people from trying to keep U.S. officials from being informed about a potential federal crime.
Horner was killed when he approached a group of men who were planning a bank robbery.
Fowler’s lawyers said prosecutors never proved Horner would have alerted federal authorities to a potential federal crime.
Justices agreed that proof is needed under that law, and sent the case back.
The case is Fowler v. United States, 10-5443.
Judge faces conduct hearing over behavior
ALLENTOWN, Pa. (AP) — A judge accused of telling one defendant to call himself a “scumbag” in open court faces a trial before a Pennsylvania judicial review panel.
Lehigh County Magisterial District Judge Maryesther Merlo was charged in November with violating conduct rules and the state constitution.
The Judicial Conduct Board says Merlo was frequently late for court or failed to show up entirely. She is also accused of placing bizarre requirements on the defendants she sentenced.
Merlo’s attorney tells The Morning Call of Allentown the judge’s actions will be put “in the proper perspective” during this week’s trial.Merlo has been suspended with pay since December.
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