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November 2014 Archives

Ferguson is Burning While Questions Remain About Unusual Grand Jury

Ferguson is burning. The first night's casualties are in: dozens of burned and looted businesses in Ferguson, two police cruisers burned, bottles and rocks tossed at police officers and reporters alike, riots, sixty-one arrests, and more National Guard troops on the way, reports CNN and The New York Times.

And the riots weren't confined to Ferguson: reports of riots and looting popped up in even the most far away places, like Oakland, California, where protestors shut down the I-580 freeway, looted, and set fires as well, reports the San Francisco Chronicle.

Why? The disputed tale of the death of Michael Brown, alternatively portrayed as an aggressor who attacked a police officer or as the victim of an execution-style murder. After an unusual grand jury featuring "all the evidence" and testimony from Office Darren Wilson, there is no indictment -- only pain, protests, riots, and unanswered questions.

Iowa Supreme Court Reverses Lawyer's DUI Conviction

Hopefully, all of us know that jailhouse phone calls are recorded. This presents a problem for attorney/client communications, which are privileged. Iowa has a statute requiring police to inform an arrested suspect in jail of his right to a confidential, in-person conference with his attorney once the suspect requests privacy for the communication.

That didn't happen in the case of David Hellstern. After he was arrested for DUI, an officer denied his request for privacy during a phone call and didn't fulfill his statutory obligation to tell Hellstern he had a right to a private, in-person conference.

Throwback Thursday: Did 8th Cir. Already Rule on Gay Marriage Bans?

Last week, a federal district court in Missouri joined a chorus of state courts in striking down the state's ban on gay marriage. In doing so, that court set aside precedent from 2006 that many regarded as a controlling opinion on same-sex marriage bans: Citizens for Equal Protection v. Bruning, an Eighth Circuit opinion upholding Nebraska's ban.

Judge Ortrie D. Smith of the U.S. District Court for the Western District of Missouri distinguished Bruning by classifying it as a political right-of-access case, rather than a case about a fundamental right to same-sex marriage.

Was he right? And what impact does Bruning have today, post-Windsor?

Fed. Judge Joins State Judges, Strikes Missouri Gay Marriage Ban

And the Feds weigh in!

Two days ago, a state court judge held that Missouri's ban on gay marriages performed in the state was unconstitutional. A month before that, a second state judge held that the state's refusal to recognize out-of-state marriages was unconstitutional. Meanwhile, we were wondering what was happening with the federal case.

The opinion was being proofread, apparently. Today, Judge Ortrie D. Smith of the U.S. District Court for the Western District of Missouri invalidated that state's law banning same-sex marriage, saying, quite interestingly, that it amounted to gender-based discrimination.

#ShowMeMarriage: Court Strikes SSM Ban; Mo. Reluctantly Appeals

Like dominos.

Last month, a state court in Kansas City held that the state of Missouri had to recognize out-of-state gay marriages. Earlier this week, a state court in St. Louis held that the state couldn't ban in-state gay marriages. The state declined to appeal the former case, but will appeal the latter case to the Missouri Supreme Court in order to get a statewide ruling.

Meantime, a federal case is pending in Jefferson City and the Eighth Circuit is one of the few that haven't addressed same-sex marriage since Windsor. Same-sex marriage definitely seems like a "when" rather than an "if" in this great state, but the legal path in Missouri certainly is interesting.

N.D. Sup. Ct. Upholds Drug-Induced Abortion Restrictions

North Dakota has some of the most restrictive abortion laws in the country. Earlier this year, a federal judge said the law -- which prohibits abortion after a fetal heartbeat can be heard, which can be as soon as six weeks after conception -- was unconstitutional.

The state supreme court last week dealt with another provision of the law, this one outlawing non-surgical abortion by medication. The court's procedure requires four of the five justices to agree in order to rule a statute unconstitutional, but only three agreed. Chief Justice Gerald VandeWalle and Justice Dale Sandstrom said the law was constitutional.