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Sunday, December 16, 2012

Courts - Impact of SCOTUS rulings on a defendant’s Sixth Amendment right to effective assistance of counsel in plea bargaining

See this Sentencing Law post, linking to a new paper by Laurie Levenson, Loyola Law School Los Angeles.

Posted by Marcia Oddi on Sunday, December 16, 2012
Posted to Courts in general

Law - "Do Rapists Have the Right to Parent Children Conceived in Rape?"

This August 23, 2012 ILB entry is headed "Denying rapists parental rights snarls panel." It quotes a NWI Times story that began:

A General Assembly study committee learned Wednesday that changing Indiana law to prohibit a rapist from having any contact with a child produced by his or her crime is not as simple as it might seem.
An August 28th Fort Wayne Journal Gazette editorial began:
Most Hoosiers were as shocked as legislators earlier this year when they learned that in Indiana, rapists retain parental rights over children conceived by their violent crime. State lawmakers are finding it nearly impossible to right this blatant wrong. But it can be done. At least one other state shows what at a minimum is possible.

In Indiana, if a rape victim who became pregnant because of sexual assault chooses to give birth, she can find herself being victimized by her rapist a second time when he seeks parental visitation rights or even custody. It’s revolting, but rapists retain their rights in at least 27 states, including Indiana.

This week, Sherry F. Colb, Professor of Law and Charles Evans Hughes Scholar at Cornell University, posted the first of a two-part series in Justica's Verdict, under the heading "Do Rapists Have the Right to Parent Children Conceived in Rape?" Here is the link to Part 1. Part 2, on "How do state laws handle rapists’ claims of parental entitlements?" will follow on Dec. 19th.

Posted by Marcia Oddi on Sunday, December 16, 2012
Posted to General Law Related

Ind. Courts - More on: 7th Circuit rules on Illinois "ready-to-use" gun law

The 7th Circuit's opinion Tuesday in Michael Moore v. Lisa Madigan, AG (ILB summary here) is the focus today of a long story by Mark Sherman of the AP headed "High court fight looms over right to carry a gun." Here is how it begins:

WASHINGTON (AP) -- The next big issue in the national debate over guns - whether people have a right to be armed in public - is moving closer to Supreme Court review.

A provocative ruling by a panel of federal appeals court judges in Chicago struck down the only statewide ban on carrying concealed weapons, in Illinois. The ruling is somewhat at odds with those of other federal courts that have largely upheld state and local gun laws, including restrictions on concealed weapons, since the Supreme Court's landmark ruling declaring that people have a right to have a gun for self-defense.

In, 2008, the court voted 5-4 in District of Columbia v. Heller to strike down Washington's ban on handgun ownership and focused mainly on the right to defend one's own home. The court left for another day how broadly the Second Amendment may protect gun rights in other settings.

Legal scholars say the competing appellate rulings mean that day is drawing near for a new high court case on gun rights.

The appeals court ruling in Chicago came early in a week that ended with the mass shooting in Connecticut that left 28 people dead, including 20 children at an elementary school and the presumed gunman.

Posted by Marcia Oddi on Sunday, December 16, 2012
Posted to Ind. (7th Cir.) Decisions