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•  Notable Attorneys - Legal News


A 71-year-old Louisiana inmate whose case led to a landmark U.S. Supreme Court decision on juvenile-offender sentences was denied parole Monday, more than a half-century after he killed a sheriff's deputy at age 17.

A three-member panel from the state parole board voted 2 to 1 to keep Henry Montgomery imprisoned. The hearing was his first chance at freedom since his conviction decades ago and a vote to free him would have had to be unanimous. Montgomery now must wait another two years before he can request another parole hearing.

The Supreme Court's January 2016 decision in Montgomery's case opened the door for roughly 2,000 other juvenile offenders to argue for their release after receiving mandatory life-without-parole sentences.

Montgomery has served 54 years in prison for shooting East Baton Rouge Parish sheriff's deputy Charles Hurt in 1963, less than two weeks after Montgomery's 17th birthday. Last June, a state judge who resentenced Montgomery to life with the possibility of parole called him a "model prisoner" who seemed to be rehabilitated.

Montgomery's lawyers said he has sought to be a positive role model for other prisoners, serving as a coach and trainer for a boxing team he helped form at Louisiana State Penitentiary at Angola.

But the two parole board members who voted against Montgomery questioned why he hadn't accessed more prison programs and services that could have benefited him. One of the panelists, Kenneth Loftin, also said he was disappointed in some of Montgomery's statements during the hearing but didn't elaborate.

James Kuhn, the other board member who voted against Montgomery, noted that the Louisiana Sheriffs' Association submitted a statement opposing his release.

"One of the things that society demands, and police officers certainly demand, is that everyone abide by the rule of law. One of the rules of law is you don't kill somebody, and when you do there's consequences," Kuhn said.




A distraught father seething over sexual abuse suffered by three daughters tried to attack former sports doctor Larry Nassar in a Michigan courtroom Friday after a judge rejected his request to confront the "demon" in a locked room, a stunning rush that reflected the anguish felt by parents who trusted him with their children.

Randall Margraves was blocked by an attorney, tackled by sheriff's deputies and hauled out of court. He later apologized, saying he had lost control. Eaton County Judge Janice Cunningham said there was "no way" she would fine him or send him to jail under her contempt-of-court powers.

"I don't know what it would be like to stand there as a father and know that three of your girls were injured physically and emotionally by somebody sitting in a courtroom. I can't imagine that," the judge said.

Nonetheless, she added, it is "not acceptable that we combat assault with assault."

The incident occurred during the third and final sentencing hearing for Nassar, who has admitted to sexually assaulting girls under the guise of medical treatment. This case focuses on his work at Twistars, an elite gymnastics club southwest of Lansing.

Nassar, 54, already will spend the rest of his life in prison. He was sentenced last week to 40 to 175 years in prison for assaults at Michigan State University and his home and was ordered in December to spend 60 years in a federal prison for child pornography crimes.

Nassar pleaded guilty to molesting nine victims in Eaton and Ingham counties, but the courts have been open to anyone who says she was assaulted during his decades of work at Michigan State, Twistars and USA Gymnastics, which trains Olympians. More than 200 accusers so far have spoken or submitted statements in the two counties, and at least 80 percent have agreed to be publicly identified.

Margraves' dramatic move occurred after he listened to two of his daughters speak in court for 10 minutes. Lauren Margraves, a college student, said her parents were "filled with regret" because they took three daughters to see Nassar for sports injuries.

"I see the look in their faces and I know they want to be able to do something but they can't," she told Nassar. "The guilt they have will never go away. All this is because of you."

Her father then stepped up and asked the judge if she would grant him "five minutes in a locked room with this demon." Cunningham declined and also turned down his request for "one minute." That is when Randall Margraves rushed toward Nassar.

There were gasps and tears in the courtroom. Assistant Attorney General Angela Povilaitis turned to the gallery and told families to "use your words," not violence.





Three backers of Catalonia's independence sought Thursday to get released from jail for their role in the region's push to break from Spain, which triggered the country's worst political crisis in decades.

Former Catalan interior minister, Joaquim Forn, Jordi Sanchez, a member of pro-independence civic group National Catalan Assembly, and Catalan activist Jordi Cuixart made their cases to a Spain Supreme Court judge. A ruling from Judge Pablo LLarena is not expected Thursday.

Forn was one of several regional ministers jailed on provisional charges of rebellion after the regional parliament unilaterally — and unsuccessfully — declared Catalonia an independent republic Oct. 27.

The action prompted the Spanish government in Madrid to remove the region's government from office, dissolve the parliament and call a fresh election that was held last month.

Sanchez and Forn were elected on separatist party tickets, but the Spanish government still is running Catalonia.

Sanchez and Cuixart had been jailed earlier on provisional sedition charges related to preparations for an Oct. 1 independence referendum, which Spain's Constitutional Court had suspended.

All three supporters of Catalan independence told the judge they would oppose further unilateral moves to secede and act in accordance with Spanish law, according to lawyers familiar with the proceedings.

The lawyers requested anonymity because they weren't authorized to discuss what was said during the closed-door hearings.

The lawyers said Sanchez acknowledged that the Oct. 1 referendum was not legally valid. Forn, who as interior minister oversaw Catalonia's security and its regional police, said he would not accept the post again, if he were asked to.

Developments surrounding Catalonia have gripped Spain for months, and the tumult is showing no sign of letting up before the new parliament's first session on Wednesday.



A Spanish court is reviewing an appeal by former Catalan Vice President Oriol Junqueras against his jailing as he awaits formal charges over possible rebellion, sedition and embezzlement in the restive region's recent drive for independence from Spain.

A panel of three Supreme Court judges will decide Thursday on whether to keep Junqueras in custody or grant bail, which would ease the way for him to take his oath as a regional lawmaker and possibly become the new Catalan leader.

Spanish Prime Minister Mariano Rajoy deposed Catalonia's government after separatist legislators passed a declaration of independence from Spain in late October.

Pro-secession parties, including a ticket led by the fugitive ousted president Carles Puigdemont and the left-republican party led by Junqueras, won back most seats in fresh elections last month.




Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.



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