- Posted November 11, 2011
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National Roundup
Louisiana
Court: Prisons can't ban Nation of Islam paper
NEW ORLEANS (AP) -- A federal appeals court has ruled that Louisiana state prisons can't justify banning inmates from receiving copies of a newspaper published by the Nation of Islam.
On Thursday, a three-judge panel from the 5th U.S. Circuit Court of Appeals upheld a federal judge's ruling that the David Wade Correctional Center must deliver copies of The Final Call newspaper to Henry Leonard, a convicted murderer.
The American Civil Liberties Union of Louisiana backed Leonard's claims that the Homer prison violated his right to free exercise of religion.
Prison officials argued the newspaper contains racist rhetoric that could provoke an outbreak of violence, but the appeals court said "objectionable" material could be deleted without banning the entire newspaper.
Minnesota
Attorney: All you th coaches must report abuse
MINNEAPOLIS (AP) -- An attorney with the state court system says all Minnesota youth coaches are legally required to report incidents of child abuse and neglect.
Ann Ahlstrom, a manager with the state's Children's Justice Initiative, tells the Star Tribune coaches are "mandated reporters" regardless of whether they're paid or affiliated with schools or with youth sports organizations or clubs.
Officials agree coaches affiliated with schools are mandated reporters. But the newspaper reported Thursday there have been conflicting views on whether that holds for volunteer and paid coaches in Minnesota sports clubs and recreational organizations, or whether they count as "voluntary reporters."
Both mandated and voluntary reporters are protected against retribution for notifying authorities of abuse. But mandated reporters face misdemeanor charges if they withhold information about adults abusing children in their care.
Montana
Supreme Court denies appeal from house thief
POLSON, Mont. (AP) -- The Montana Supreme Court has rejected an appeal filed by a man who is serving a 10-year prison term for trying to steal a $400,000 house in foreclosure by breaking in, changing the locks and filing paperwork saying he bought the house from Yaweh.
Brent Arthur Wilson argued he never should have been allowed to represent himself.
The Supreme Court ruled Wednesday that Wilson's demeanor in court was unconventional and somewhat bizarre, but he was found mentally capable of making decisions and fit to proceed. The court noted the judge tried to persuade Wilson to accept a public defender.
The Missoulian reports the ruling agrees with the state's argument that "one's competence to decide to represent himself is not dependent upon his having the skill and experience of a lawyer."
Vermont
Atty General's office says shooting justified
CORINTH, Vt. (AP) -- The Vermont Attorney General's office says police were justified in fatally shooting a mentally ill man during a 2006 confrontation, even if he did not grab his gun.
The office filed court paperwork in response to a wrongful death lawsuit filed by the family of Joseph Fortunati of Corinth.
The Fortunatis said police gave differing accounts about whether Fortunati had a gun, and if he did so, whether he aimed it.
Police say Fortunati ignored repeated commands to surrender and that officers believed they were in danger.
The Valley News reports the family has asked a panel of judges in New York to overturn a Vermont judge's ruling and allow a jury trial on the claims that police illegally shot Fortunati and then covered up their actions.
Wyoming
Sup. Court considers abortion protest limits
JACKSON, Wyo. (AP) -- The Wyoming Supreme Court is considering whether the town of Jackson was justified in keeping anti-abortion protesters away from Boy Scouts.
Lawyers for the town and protesters are scheduled to make their case to the court Thursday.
In May, activists from Wichita, Kan.-based Spirit One Ministries and Operation Save America, staged a three-day protest of what's believed to be the state's only abortion clinic. On May 20, Jackson sought a restraining order to keep them at least two blocks away from Town Square. About 200 Boy Scouts and other children were gathered there for an antler auction.
Two protesters were arrested for violating it.
The town says it didn't want children being exposed to graphic images of fetuses.
The Jackson Hole Daily says a ruling isn't expected for several months.
Pennsylvania
Slaying trial again delayed for Hugo Selenski
WILKES-BARRE, Pa. (AP) -- The long-delayed homicide trial of a northeastern Pennsylvania man whose property contained multiple sets of human remains has been pushed back again.
Hugo Selenski had been scheduled to go on trial Monday in Luzerne County in the 2002 killings of Tammy Fassett and Michael Kerkowski. Their bodies were discovered buried on Selenski's Kingston Township property the following year.
Selenski had previously sought to represent himself at trial but told a judge Wednesday he now wants legal representation. Judge Joseph Van Jura postponed trial until April 2012.
Selenski is already serving a 32-year sentence for a 2003 home-invasion robbery. That same year he escaped from the county correctional facility using a rope made from bed sheets but turned himself in three days later.
Idaho
Man gets 3 to 24 years for child porn
KIMBERLY, Idaho (AP) -- A 44-year-old Kimberly man has been sentenced to 24 years in prison for possession of child pornography but a judge says he'll be eligible for parole after serving just three years.
The Times-News reports Donald Morris was given the sentence in Twin Falls County's 5th District Court on Monday after pleading guilty to 15 counts of possession of sexually exploitative material of children. In exchange for his guilty plea, prosecutors dropped another 20 felony counts.
Morris was charged in June after a private citizen and an area pawn shop owner turned over three computers containing child pornography last year. The computers were traced back to Morris.
In addition to the prison time, Morris was also ordered to register as a sex offender.
Published: Fri, Nov 11, 2011
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