Court Roundup

Florida Justices ban inmate from filing more appeals TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court says 27 frivolous appeals are enough. The justices on Thursday unanimously prohibited a prison inmate from filing any more on his own. They directed their clerk to accept appeals on behalf of Jeffrey Robert Hastings only if filed by a lawyer. Hastings was convicted in 1980 of manslaughter in Palm Beach County for the deaths of six Haitians dumped overboard while being smuggled to Florida. The 61-year-old inmate is serving six consecutive 36-year sentences. He also had been convicted of escape in 1974. The justices join three lower courts that previously banned filings by Hastings. Hastings blamed his repeated court filings on his lack of legal sophistication and failure of the courts to correct his allegedly illegal sentences. Virginia Judge weighing delay on decision in tobacco case RICHMOND, Va. (AP) -- A federal judge is asking the Justice Department and America's largest cigarette makers whether to delay a decision in a 12-year-old lawsuit against the tobacco industry while other cases challenging new tobacco regulations are decided. U.S. District Judge Gladys Kessler in Washington on Thursday ordered the parties to submit their views in the case in which the companies were found to have concealed the dangers of smoking for decades. Earlier this year, the government proposed corrective statements that it says the companies should be required to make as part of the lawsuit. It also wants the industry to pay for self-critical ads. Also pending are two unrelated lawsuits challenging marketing restrictions and new cigarette warning labels the Food and Drug Administration has proposed under new authority it gained in 2009. South Dakota Supreme Court says developer liable for repairs SIOUX FALLS, S.D. (AP) -- The South Dakota Supreme Court says a developer is responsible for fixing the roads in Rapid City's Big Sky subdivision. The city sued Doyle Estes, Big Sky LLC and Dakota Heartland Inc. in 2008 to force the developer to correct problems on streets throughout the development. A circuit judge dismissed the lawsuit in 2010, saying Estes was not liable because the city accepted surety bonds for the development, and then allowed them to expire. The Supreme Court in a 4-1 decision reversed the lower court ruling, saying the sureties do not relieve Estes from making the improvements. Tennessee Mother sues Roane schools for $5M over bullying KINGSTON, Tenn. (AP) -- A mother is suing the Roane County Schools for $5 million, claiming her biracial son was subjected to "severe, pervasive and prolonged bullying" from white classmates. The suit filed in federal court last week by Melissa Hunka says her son was spit on, beat up and robbed from the time he entered kindergarten in 2005 until 2010, according to the Knoxville News Sentinel. It claims the bullying was primarily done by three white students. Defendants include Kevin Ayers, who was principal of the now-closed Walnut Elementary School, and Roane County Schools Director Toni McGriff. The suit claims the two were aware of the bullying but did nothing to stop it. A call to McGriff seeking comment was not immediately returned. North Carolina Court affirms dismissal of professor's lawsuit RALEIGH, N.C. (AP) -- The state Court of Appeals has upheld a judge's dismissal of a lawsuit by a professor who says her remarks about a Palestinian film cost her job at North Carolina State University. The judges ruled this week that Terri Ginsberg failed to show that her comments led to the university hiring someone else for a tenure-track position. Ginsberg says she made remarks in support of a Palestinian filmmaker at a public screening of his movie, and was subsequently frozen out of consideration for the job. The appeals court ruled that the university made its hiring decision after a thorough search for a qualified candidate, and that Ginsberg's argument about why she wasn't hired amounts to nothing more than speculation. Ginsberg's lawyer says her client plans to appeal the ruling. Louisiana Mom accused of making baseless abuse accusations HOUMA, La. (AP) -- The owner of a Terrebonne Parish day care center has been indicted on a charge of cruelty to a juvenile after allegedly making false accusations about her own child's father. The Houma Courier reports that 39-year-old Rhonda Soomro was indicted Tuesday. A document prepared by state District Judge David Arceneaux says the accusations of sexual abuse that Soomro made against the father were found to be false. It says she took her son to doctors and psychologists in attempts to corroborate the allegations. And it says here actions put the child's emotional health at risk. Soomro was released on a $25,000 bond. The Courier said it was unable to contact her or her attorney, Michael Zerlin. Zerlin did not immediately return a call Thursday morning from The Associated Press. Soomro and her ex-boyfriend have been fighting for custody of their 7-year-old son since 2006. "The court believes the evidence overwhelmingly proves that more-sinister motives have prompted Ms. Soomro to intentionally place her young and impressionable child's mental and emotional health at risk of permanent damage," the document says. "Her hatred for the child's father ... has motivated her to engage in a deliberate course of conduct designed to permanently deprive Dr. Haydel of any participation in her son's life." If convicted, Soomro faces up to 10 years in prison. Arkansas Toss murder conviction due to tweets, lawyer says LITTLE ROCK, Ark. (AP) -- A lawyer for a death row inmate says the Arkansas Supreme Court should overturn his murder conviction because a judge wouldn't bounce a juror caught tweeting during his 2010 trial. Erickson Dimas-Martinez's lawyer on Thursday asked the court to overturn his client's conviction for the slaying of a Centerton teenager. Dimas-Martinez's attorney says the juror was caught tweeting during the trial despite the judge's instruction to not to post on the Internet or otherwise or communicate with anyone about the case. An assistant attorney general defended the judge's decision to not dismiss the juror and said the tweets were merely about the juror's feelings and not about deliberations. Dimas-Martinez's lawyer also argued that the judge should have dismissed another juror who was caught sleeping during the trial. Idaho Boise attorney disbarred for fraud, theft BOISE, Idaho (AP) -- The Idaho Supreme Court has disbarred a Boise attorney who pleaded guilty to taking accepting clients when his law license was suspended. The Idaho Statesman reports Rick Bergesen was disbarred earlier this month and cannot seek re-admission to the Idaho State Bar for five years. Ada County prosecutors allege Bergesen bilked 75-year-old client Joy L. Cassidy out of $150,000. She pleaded guilty to putting condiments into library drop boxes. As part of a deal with prosecutors, Bergesen pleaded guilty to grand theft for taking a $1,100 retainer from a client after his license was suspended. He was sentenced to three to 10 years in prison and agreed to pay more than $150,000 in restitution. Bergesen's attorney, Layne Davis, said his client is a pathological gambler who suffers from bipolar disorder. South Dakota Murder suspect wants wife's medical records TYNDALL, S.D. (AP) -- A judge is to decide next month whether a South Dakota man facing trial in the death of his infant son can force his wife to release her medical records to aid his defense. Chris Miller has pleaded not guilty to murder, manslaughter and aggravated assault charges in the March death of 4-month-old Jacob Miller, who authorities said had a skull fracture, bleeding on the brain and broken ribs. Judge Glen Eng has set a Dec. 14 hearing on Miller's motion to obtain his wife's medical records, and might also set a trial date at that time, the Press & Dakotan newspaper reported. Defense attorneys allege in the motion that Stacy Miller was depressed before and after giving birth and was unstable. Eng on Wednesday reviewed a statute dealing with the trial court's authority to waive the physician-patient privilege over the objection of the patient. The authority exists if the physical or mental condition of a person is an issue, or if the purpose is to impeach the testimony of the patient at trial. "This (request) is for impeaching the testimony of a patient, which in this case is Stacy Miller," Eng said. "But the question is somewhat vague when it's talking about 'patient.' Are we talking witness or defendant?" Stacy Miller's attorney, Dave Hosmer, objected to producing her medical records, saying they are irrelevant to the trial. "(Chris Miller) is maneuvering to accuse Stacy of causing the death," he said in court documents. "There is no evidence to support this claim, and the motion appears to be a fishing expedition to support this frivolous defense. Even if Stacy had memory problems or she had been depressed, it would not establish the foundation of a third-party perpetrator defense." Deputy Attorney General Bob Mayer said the prosecution does not object to the defense request for Stacy Miller's records. However, he said he understood Hosmer's position. "If we resolve this thing by agreement and not argument, it may be the prudent thing at this stage," Mayer said. Published: Fri, Nov 18, 2011