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Attorneys for Michelle Carter filed an appeal of her conviction with the United States Supreme Court Monday.In the filing, Carter's attorneys urged the Supreme Court to consider, "the questions whether Carter's conviction for involuntary manslaughter violated the U.S. Constitution."Carter was found guilty in 2017 and sentenced to 15 months in a Massachusetts jail for her part in the death of her boyfriend, 18-year-old Conrad Roy III, who killed himself in his car in Fairhaven, Massachusetts in 2014.After his death, investigators discovered Roy had texted Carter as he contemplated and attempted suicide, with her encouraging him to do it when he had doubts."I thought you wanted to do this. The time is right and you're ready, you just need to do it! You can't keep living this way," one of dozens of texts from Carter to Roy reads.Massachusetts highest court upheld her conviction following an appeal in February.Her attorneys argued in Monday's filing that her freedom of speech may have been violated and should be protected under the constitution."Michelle Carter did not cause Conrad Roy's tragic death and should not be held criminally responsible for his suicide," said attorney Daniel Marx of Fick & Marx LLP. "This petition focuses on just two of the many flaws in the case against her that raise important federal constitutional issues for the U.S. Supreme Court to decide.""As Justice Gorsuch ruled in a recent case, 'A vague law is no law at all,'" added Marx's partner, William Fick. "Ms. Carter's conviction should not stand." 1563
An unnamed, foreign government-owned company in a mystery court case is asking the Supreme Court to pause a grand jury subpoena it received related to special counsel Robert Mueller's investigation.The Supreme Court appeal comes after a federal appeals court ruling that ordered the company to comply with the subpoena, which required it to turn over "information" about its commercial activity in a criminal investigation. The appeals court also said the company could face fines for every day of noncompliance.The request to the Supreme Court is the latest twist in the secret case, which is under seal and has made its way through the federal court system with uncommon speed.This is the first known legal challenge apparently related to Mueller's investigation to make its way to the Supreme Court.It is not known when the court might decide if it will take action on the company's request to appeal further. The application is likely an effort to put the lower court action on hold before the Supreme Court is asked to step in to hear an appeal."So far as we know, the Court has never had a sealed argument before all nine Justices," said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law. "They can keep parts of the record and briefing sealed, and often do, such as in cases implicating trade secrets. But there's no procedure in the court's rules for having the whole case briefed, argued and decided under seal. The only times I'm aware of in which parties tried it, the court denied certiorari," or the review of the case.The company's challenge of the subpoena appears to have begun in September.In its ruling this past week, the US Circuit Court of Appeals for the District of Columbia offered few clues about the company and its country of origin or what Mueller's team sought.In one short passage in the three-page decision, the judges describe how they had learned confidentially from prosecutors that they had "reasonable probability" the records requested involved actions that took place outside of the United States but directly affected the US. Even the company was not informed of what prosecutors had on the issue, because revealing it to the company would have violated the secrecy of the grand jury investigation, the judges said.The range of possibilities on the identity of the company is vast. The company could be anything from a sovereign-owned bank to a state-backed technology or information company. Those types of corporate entities have been frequent recipients of requests for information in Mueller's investigation.And though Mueller's work focused on the ties between the Trump campaign and Russia's efforts to interfere in the 2016 presidential election, prosecutors have said and CNN has reported that the Mueller team looked at actions related to Turkish, Ukrainian and other foreign government interests.Mueller previously indicted three Russian companies and 25 Russians for their alleged contributions to a social media propaganda scheme meant to influence American voters and to the hack of the Democratic Party. The special counsel and other Justice Department units continue to pursue several investigations related to Mueller's core mission.Another challenge of a Mueller subpoena, from Roger Stone associate Andrew Miller, began at the trial level months before the anonymous company's action apparently began. Miller's case is now before the DC Circuit as well but has not yet been decided by the judges. His case became public after his attorneys publicly spoke about his intention to challenge Mueller and the subpoena.The company in the Supreme Court challenge has stayed secret—as has the grand jury proceeding it's related to. And both the company, prosecutors and the circuit court took pains to keep the identities of those involved in the case under wraps. An entire floor of the DC federal courthouse was locked down by security on the morning of the company's appeal argument, so that the lawyers entering and leaving the courtroom would not be seen. 4069
AUSTIN, Texas (AP) — Orders by the governors of Texas and Ohio to stop all non-essential surgeries in those states have unleashed a new battle over access to abortions during the coronavirus pandemic. Texas Gov. Greg Abbott issued a statewide order Sunday to curb the use of medical supplies hospitals will need as they prepare for escalating infections in the spreading of COVID-19. The order bars hospitals from performing surgeries unless the patient faces an immediate risk for “serious adverse medical consequences or death." An Abbott spokesman confirmed that would cover abortion in most cases. In Ohio, clinics, abortion rights groups and some state lawmakers pushed back, saying abortions are both essential and time-sensitive. 748
BLOOMINGTON, Minnesota — A family visiting the Mall of America last week has since been spending time at the Children's Minnesota Hospital with its 5-year-old son, who is recovering after being the randomly chosen victim of a heinous crime.Police said a man unknown to the family grabbed the 5-year-old boy and threw him over the third-floor balcony inside the mall, allowing him to forcefully fall 40 feet to the ground.The child survived and is undergoing intensive health care — he has been hospitalized since the incident April 12.The man who has admitted to harming the boy is 24-year-old Emmanuel Deshawn Aranda, who said he had been looking for someone to kill. He told police he was tired of being rejected by women at the mall and this act was out of that anger.The child's mom told authorities at the scene the family was outside of the Rainforest Cafe when Aranda approached them and picked up the child without warning.The man had already been banned from the Mall of America in his past: He was twice convicted in 2015 for assaults he committed at the shopping center.Aranda is charged with attempted homicide.A 1142
Authorities say a mother was arrested after leaving her 5-month-old baby in a hot SUV at a Goodyear Target Sunday afternoon.Rescue crews responded to the store around 1:30 p.m. near Cotton Lane and Yuma Road after getting a call from a woman who is believed to be related to the child.The baby was transported to Phoenix Children's in stable condition, according to Goodyear police. Experts say with Sunday's high of 107 degrees, 442