Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 30, 1990 TAG: 9005300461
SECTION: NATIONAL/INTERNATIONAL PAGE: A/4 EDITION: EVENING
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The justices agreed Tuesday to hear an appeal by Ronald Harmelin, convicted in Oak Park, Mich., of possessing about 1.5 pounds of cocaine.
At issue is whether a life sentence without possibility of parole in such cases violates the Constitution's ban on "cruel and unusual punishment."
In other action Tuesday, the high court:
Said it will decide whether a ban on government-financed family planning clinics counseling patients about abortion violates free speech and abortion rights. At stake is the future scope of a federal program with a $200 million yearly budget. The program funds over 4,000 clinics serving about 5 million low-income women nationwide.
Gave criminal defendants new "double-jeopardy" protection against multiple prosecutions as it voted 5-4 to bar homicide charges against a drunken driver in New York.
Ruled, 7-2, in a Pennsylvania case that convicted criminals may avoid making restitution to their victims by declaring bankruptcy.
Ruled, 7-2, in a case from Arizona that Indian tribes may not prosecute any member of another tribe for crimes committed on their reservations.
Let stand a ruling in an Illinois case that shields public officials from being sued in federal court for placing children in foster homes where they are sexually abused.
Rejected an appeal by two Ku Klux Klan groups and four men ordered to pay over $800,000 for organizing a demonstration that turned into a violent attack on civil rights marchers in Georgia three years ago.
In the drug-possession case, the justices were told Michigan is the only state that imposes a mandatory life sentence for narcotics possession. But if the court upholds the Michigan law, it might encourage other states to adopt similar measures to combat drug use.
Oak Park police stopped Harmelin's car for going through a red light May 12, 1986. Police found the cocaine when they searched the car's trunk.
Harmelin asked the Supreme Court to overturn his conviction and sentence. But the justices said they will limit their review to the sentence, and they left intact Harmelin's conviction.
Michigan prosecutors defended the sentence. They noted that Harmelin also possessed other drugs, a gun and a beeper.
by CNB