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Supreme Court Skeptical of Federal Marriage Law

ne-supreme-courtTwo days of arguments over gay marriage are over at the Supreme Court, where five justices — a majority — today raised questions about a federal law denying benefits to same-sex couples, even though the benefits are given to other couples.

Justice Anthony Kennedy said the law seems to interfere with the ability of states to recognize same-sex marriages.

Justice Elena Kagan also questioned the basis for the 1996 Defense of Marriage Act, pointing to a congressional report explaining that the reason for the law was to “express moral disapproval of homosexuality.”

The law affects a range of benefits available to married couples, including tax breaks, survivor benefits and health insurance for spouses of federal employees.

It’s possible the court could dismiss the case for procedural reasons, though that prospect seemed less likely than it did in Tuesday’s argument over gay marriage in California.

 

17-Year-Old Indicted for Fatally Shooting 13-Month-Old in the Face

De'Marquise-Elkins
De’Marquise Elkins

A Georgia grand jury has indicted a 17-year-old suspect in last week’s fatal shooting of a baby in his stroller and in another unrelated shooting 10 days earlier in a robbery attempt.

The 11 counts returned Wednesday against De’Marquise Elkins include malice murder for the slaying of 13-month-old Antonio Santiago. The indictment says Elkins shot the boy in the face with a .22-caliber revolver while trying to rob the child’s mother in coastal Brunswick last Thursday.

The indictment charges 15-year-old Dominique Lang on seven counts including felony murder. Elkins’ mother and sister were charged with trying to dispose of the gun in a saltwater pond.

The indictment also charges Elkin with trying to rob a man at gunpoint March 11 and shooting the victim in the arm.

One of FBI’s Ten Most Wanted Arrested in Colorado

Edwin-Ernesto-Rivera-Gracias
Edwin Ernesto Rivera Gracias

One of the FBI’s Ten Most Wanted Fugitives has voluntarily returned from El Salvador to Colorado to face charges in a 2011 slaying.

The FBI says suspected gang member Edwin Ernesto Rivera Gracias landed in Centennial, Colo., with FBI agents Wednesday afternoon.

He was wanted in Jefferson County in the slaying of 69-year-old Richard Limon, who was found beaten and stabbed, and dumped along a road in 2011.

An affidavit filed in federal court alleges Rivera Gracias had talked about killing Limon because of allegations that Limon molested Rivera Gracias’ girlfriend. The girlfriend was the daughter of Limon’s wife.

Limon’s wife and another man pleaded guilty to second-degree murder in the case. Rivera Gracias’ girlfriend pleaded guilty to being an accessory to commit murder.

Facebook CEO Forming Political Group

zuckerbergA person familiar with Facebook says CEO Mark Zuckerberg is forming a political group to address issues such as education reform, immigration and scientific research.

The person says the group will formally launch in the coming weeks. The person spoke on condition of anonymity because the information is not public. The San Francisco Chronicle, Politico and others reported on it earlier.

Zuckerberg, 28, has already used his Facebook wealth to address political issues close to him. He donated $100 million of Facebook stock to Newark, N.J., schools. He also has announced plans to donate nearly $500 million in stock to a Silicon Valley charity to fund health and education issues.

In February he hosted a campaign event in his Palo Alto, Calif., home for New Jersey Gov. Chris Christie.

Kansas House Approves Drug Testing Bill For Welfare Recipients

url(AP) – The Kansas House has approved a bill that would require unemployment and welfare recipients to undergo drug testing.

Under a bill passed Tuesday on a 106-16 vote, anyone who fails a drug test would have to get drug treatment and job skills training, paid for by the state and federal government. Those who fail a second time would lose assistance for a year.

The bill also would prevent anyone who is convicted of a drug felony after July from getting welfare for five years. A second conviction would mean a lifelong ban.

House and Senate members also would be tested if there is a reasonable suspicion about their behavior.

The Wichita Eagle reports the Senate has approved the bill but will consider some minor changes in the House version.

 

Change-of-Plea Hearing Set for Man Who Threatened NE Doctor with Knife and Gun

judicial-branchA change-of-plea hearing has been rescheduled for a 31-year-old man accused of threatening personnel at Henderson Community Hospital in eastern Nebraska.

Joseph Palensky and his attorney, Nancy Waldron, appeared in York County District Court earlier this week.

Judge Robert Steinke asked Palensky whether he was taking medication for a back injury. Palensky said yes. Then Steinke said that because Waldron had said Palensky might not be thinking clearly, Steinke wouldn’t consider the plea change.

The judge delayed the matter until April 15.

Palensky has pleaded not guilty to felony terroristic threats. Authorities say he walked into the hospital on July 21, armed with a gun and knife and looking for a specific doctor. Authorities say he threatened a nurse and other workers.

Lawsuit Filed by Family of NE Inmate Who Died While in Custody

inmate-deathA Lancaster County judge is considering his decision in a wrongful-death lawsuit that alleges a prison doctor missed signs that could have saved an inmate’s life.

The lawsuit by the adult children of 51-year-old Darryl Reed says Dr. John Casebolt provided substandard care at the state’s Diagnostic and Evaluation Center infirmary in Lincoln. Reed died at a Lincoln hospital on Nov. 2, 2010.

A doctor who testified for the plaintiffs says Reed had a heart condition the infirmary should have known about and checked. An autopsy showed Reed had blood clots in his lungs.

Casebolt testified that Reed was under observation because guards thought Reed may have used drugs while at his work-release job.

Casebolt says Reed didn’t seem to be under distress.

Federal Judge Denies Expelled Univ. of NE Law Student’s Request to Finish Semester

gavelA federal judge has denied a motion for a temporary restraining order to allow an expelled University of Nebraska law student to finish the spring semester.

U.S. District Judge Richard Kopf ruled earlier this month on the motion by Layth Mohammad Al-Turk, who is suing the law school after being kicked out of the program in February, only months before he was set to graduate. Al-Turk says he was discriminated against because of his Arabic heritage and Muslim beliefs.

School officials say Al-Turk was dismissed for plagiarism and lying to a professor.

Kopf has set trial for July in an effort to expedite resolution, as Al-Turk will soon be forced to begin paying off steep student loans and cannot attend another law school with the disciplinary dismissal on his record.

Judge Declares Mistrial in Omaha Murder Trial

william-bush
William Bush

A judge has declared a mistrial in an Omaha murder trial.

Attorneys for 26-year-old William Bush objected Tuesday during opening statements about information presented by the prosecution. Prosecutor Brenda Beadle says there was miscommunication about what information was going to be presented at trial.

The judge set a new trial date for May.

Bush faces charges of first-degree murder, use of a gun to commit a felony and being a felon in possession of a firearm. Prosecutors say he shot 30-year-old Kyle McCroy, of Omaha, in March 2012.

NE Lawmakers Begin Full-Day Debates This Week

ne-legislature-13Nebraska lawmakers will transition from committee hearings to mostly daylong debate on Wednesday.

Speaker Greg Adams reminded state senators of the change on Monday.

Wednesday is the 50th day of the 90-day 2013 legislative session.

Since mid-January the Legislature has been debating in the morning only and adjourning around noon. Senators then have been going to committees to hear testimony on bills.

The Appropriations Committee met Tuesday to continue discussing funding for Department of Health and Human Services programs. The committee began considering department appropriations on Monday.

The Nebraska Retirement Systems Committee on Wednesday will hold the last scheduled public hearing of the session.

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