Court Roundup

Florida: Man goes on trial for 7th time in 2001 killing of ex-girlfriend
FORT LAUDERDALE, Fla. (AP) — A South Florida man will go on trial for the seventh time in the 2001 killing of his ex-girlfriend.

Jury selection began Monday in the case against Alan Ruff. His ex-girlfriend, Traci Cooper, was stabbed and slashed 49 times as she worked alone in an air conditioning repair office.

A Broward County jury convicted Ruff in 2007 of first-degree murder in the circumstantial case. But an appeals court in February overturned the conviction and sent the case back for a new trial.

The case has previously ended in two mistrials, three hung juries and the one overturned conviction.

The Sun-Sentinel reports that there are no official records or tallies of how many times a single murder case has returned to trial.

Texas: Judge lifts courtroom ban on cowboy boots
AUSTIN, Texas (AP) — Texans who prefer western footwear won’t have to leave their cowboy boots at home any more before entering one Austin-area courtroom.

The Austin American-Statesman on Monday reported a municipal judge in Lakeway has reversed his ban on cowboy boots in the courtroom.

Judge Kevin Madison says he’s revised the ban, effective Sept. 18, saying “attorneys, witnesses, and court litigants in the great state of Texas can now breathe a sigh of relief.”

The newspaper earlier Saturday reported on the ban, which Madison says he had in effect for about a decade and had received no complaints.

Some attorneys had considered challenging the ban as un-Texan.

Virginia: Hearing held for man accused of 4 killings
FARMVILLE, Va. (AP) — An aspiring rapper who embraced horror-themed lyrics is due in a central Virginia courtroom for a hearing on murder charges in the bludgeoning of four people one year ago.

Richard “Sam” McCroskey was scheduled to appear Monday in Prince Edward County Circuit Court for a pretrial hearing. The 21-year-old defendant from Castro Valley, Calif., faces capital murder charges in an alleged Sept. 18, 2009, rampage in Farmville.

McCroskey is charged in the slayings of his girlfriend, 16-year-old Emma Niederbrock; her parents, Presbyterian minister Mark Niederbrock and Longwood University professor Debra Kelley; and Emma’s 18-year-old friend, Melanie Wells of Inwood, W.Va.

McCroskey and Emma Niederbrock shared an interest in “horrorcore” music. He has yet to enter a plea on the charges.

Alaska: State high court hears case over restricting smoking in private club 
JUNEAU, Alaska (AP) — Alaska Supreme Court justices are considering how far a Juneau ordinance can extend to restrict smoking.

The Juneau Fraternal Order of Eagles was unsuccessful at the trial level in a lawsuit opposing an ordinance that bans smoking in their building. The organization contends the ordinance is unconstitutional.

Justices asked Paul Grant, arguing for the Eagles, to explain why a ban on smoking in the club would interfere with social functions and unfairly restricts its members.

“It’s as if they could have dinner together, but then they are forced to eat dessert back home alone,” Grant said.

Grant quoted from former U.S. Supreme Court Justice Louis Brandeis to explain that the most important constitutional right is the right to be free from governmental interference in private lives.

Justice Morgan Christen asked John Hartle, arguing for the city, if the government could regulate smoking by hikers on a public trail.

Hartle answered that if there were sufficient numbers of people using the trail, then the city could prohibit smoking on the trail if the city needed to protect the public health. He said a large number of people in a public place would justify the government’s interference with their private choices, such as the choice to smoke.

Chief Justice Walter Carpeneti said there are health dangers besides smoking, such as diabetes and heart disease, for which the city might also adopt ordinances to protect public health. Carpeneti wondered how far the city could go in adopting restrictions on what a person consumes or activities that might injure his or her health.

“Where is the limit?” Carpeneti asked.

Hartle cited other cities where smoking is banned.

“Sounds like the next step is to outlaw smoking in the home,” Justice Craig Stowers said.

There is no timetable for a decision in the case.