Thursday, December 26, 2019
Connecticut courts moving notices from newspapers to website
The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.
Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.
It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.
“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”
The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.
“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.
Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.
Saturday, December 14, 2019
Court Will Hear Trump's Pleas to Keep Financial Records Private
The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.
Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.
The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.
Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.
Thursday, December 5, 2019
Brazil court delivers setback to ex-leader da Silva
A court on Wednesday upheld a corruption conviction against former Brazilian President Luiz Inacio Lula da Silva, who was released from prison earlier this month.
A three-judge panel in Porto Alegre also ruled that da Silva’s prison sentence should be raised by four years to 17 years.
Da Silva remains free for now. He was released Nov. 8 after 19 months in jail when the Supreme Court ruled a person can be imprisoned only after all appeals have been exhausted.
Da Silva, who governed Brazil from 2003 to 2010, denies wrongdoing and says corruption cases against him are politically motivated.
The judges in Porto Alegre were ruling on a case in which da Silva allegedly benefited from upgrades that the Odebrecht and OAS firms made to a Sao Paulo farm.
Sunday, November 17, 2019
Split Supreme Court appears ready to allow Trump to end DACA
Sharply at odds with liberal justices, the Supreme Court’s conservative majority seemed ready Tuesday to allow the Trump administration to abolish protections that permit 660,000 immigrants to work in the U.S., free from the threat of deportation.
That outcome would “destroy lives,” declared Justice Sonia Sotomayor, one the court’s liberals who repeatedly suggested the administration has not adequately justified its decision to end the seven-year-old Deferred Action for Childhood Arrivals program. Nor has it taken sufficient account of the personal, economic and social disruption that might result, they said.
But there did not appear to be any support among the five conservatives for blocking the administration. The nine-member court’s decision is expected by June, at the height of the 2020 presidential campaign.
President Donald Trump said on Twitter that DACA recipients shouldn’t despair if the justices side with him, pledging that “a deal will be made with the Dems for them to stay!” But Trump’s past promises to work with Democrats on a legislative solution for these immigrants have led nowhere.
The president also said in his tweet that many program participants, brought to the U.S. as children and now here illegally, are “far from ‘angels,’” and he claimed that “some are very tough, hardened criminals.” The program bars anyone with a felony conviction from participating, and serious misdemeanors may also bar eligibility.
Myanmar rejects court probe into crimes against Rohingyas
Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.
Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.
Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.
Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.
“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.
The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.
Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.”
The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.”
However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.
Wednesday, November 6, 2019
Appeals court agrees Trump tax returns can be turned over
President Donald Trump’s tax returns can be turned over to New York prosecutors by his personal accountant, a federal appeals court ruled Monday, leaving the last word to the Supreme Court
The decision by the 2nd U.S. Circuit Court of Appeals in Manhattan upholds a lower court decision in the ongoing fight over Trump’s financial records. Trump has refused to release his tax returns since he was a presidential candidate, and is the only modern president who hasn’t made that financial information public.
In a written decision, three appeals judges said they only decided whether a state prosecutor can demand Trump’s personal financial records from a third party while the president is in office.
The appeals court said it did not consider whether the president is immune from indictment and prosecution while in office or whether the president himself may be ordered to produce documents in a state criminal proceeding.
According to the decision, a subpoena seeking Trump’s private tax returns and financial information relating to businesses he owns as a private citizen “do not implicate, in any way, the performance of his official duties.”
Several weeks ago, U.S. District Judge Victor Marrero in Manhattan tossed out Trump’s lawsuit seeking to block his accountant from letting a grand jury see his tax records from 2011.
Manhattan District Attorney Cyrus R. Vance Jr. sought the records in a broader probe that includes payments made to buy the silence of two women, porn star Stormy Daniels and model Karen McDougal, who claim they had affairs with the president before the 2016 presidential election. Trump has denied them.
Monday, October 21, 2019
Wikileaks founder Julian Assange loses bid to delay hearing
WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.
Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused.
Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December.
Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.
Sunday, October 13, 2019
Arkansas judge: Court to hear 19 adoption scheme cases
An Arkansas judge says his court will decide individual outcomes in 19 adoption cases involving an Arizona official accused of human smuggling.
Paul Petersen, a Republican assessor of an Arizona county, was arrested Tuesday and charged with human smuggling, sale of a child, fraud, forgery and conspiracy to commit money laundering in Utah, Arizona and Arkansas.
Prosecutors say 44-year-old Petersen paid thousands of dollars to pregnant women from the Marshall Islands to travel to the U.S. and give birth for adoption.
The Northwest Arkansas Democrat-Gazette reports that Washington County Circuit Court Judge Doug Martin ordered Friday that statewide adoption cases against Petersen will be decided in his court. Petersen's attorney said Tuesday that his client's actions are "proper business practices."
Monday, October 7, 2019
US Supreme Court to review Kansas’ lack of insanity defense
The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives.
The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters.
Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality.
In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense.
The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process.
“Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.”
Until 1996, Kansas followed a rule first outlined in 1840s England, requiring defendants pursuing an insanity defense to show that they were so impaired by a mental illness or defect that they couldn’t understand that their conduct was criminal. Now Kansas permits defendants to only cite “mental disease or defect” as a partial defense, and they must prove they didn’t intend to commit the specific crime. Alaska, Idaho, Montana and Utah have similar laws.
Christopher Slobogin, a professor of both law and psychiatry at the Vanderbilt University, said even seriously mentally ill defendants typically intend to the commit their crimes, even if their acts result from delusions.
Monday, September 30, 2019
Bulgarian court to eye revoking parole for Australian man
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.
The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.
The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.
The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.
Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.
The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.
Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole.
Transgender woman in Supreme Court case 'happy being me'
Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.
But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.
The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.
The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.
The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.
"I felt what they did to me wasn't right. In fact, it was downright wrong," Stephens said, her North Carolina roots evident in her speech. "But I also realized it wasn't just me, that there were others in the world facing the same tune."
On the other side of the case is the R.G. and G.R. Harris Funeral Homes, whose owner worries that a ruling for Stephens also would prohibit sex-specific sleeping facilities in shelters, as well as showers, restrooms and locker rooms. Congress can change the law to make explicit protections for LGBT people if it wishes, owner Thomas Rost says in court papers.
More than half the states do not prohibit discrimination in employment because of gender identity or sexual orientation, despite the Supreme Court's 2015 ruling that made same-sex marriage legal across the United States. In Michigan, the state's civil rights commission last year decided to interpret existing state law to protect LGBT people from workplace bias. But that wouldn't affect Stephens, who was fired in 2013.
Monday, July 29, 2019
Cyprus police frees 5 Israelis, 7 held in hotel rape probe
A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.
The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.
Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.
Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.
Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.
The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.
Democratic governor getting to shape Kansas' top court
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.
Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.
His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.
Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.
Saturday, July 13, 2019
The Latest: Trump considers executive order on census query
President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census.
The Justice Department says it will continue to search for legal grounds to force the inclusion of the question.
Trump says his administration is exploring a number of legal options, but the Justice Department has not said exactly what options remain now that the Supreme Court has barred the question, at least temporarily.
The government has already begun the process of printing the census questionnaire without that question.
The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-a-decade population count. The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census.
But the department says it’s unclear how that will happen.
That’s according to a lawyer for the plaintiffs who took part in a conference call Friday with government lawyers and a federal judge who demanded clarification of the administration’s plans. President Donald Trump had reopened what appeared to be a final decision by his administration to proceed without the citizenship question on the next census.
In court, it’s red Texas vs. blue California in the battle over Obamacare
A lawyer for Texas Attorney General Ken Paxton will be in a federal courtroom Tuesday asking three appellate judges to declare the Affordable Care Act unconstitutional, and this time it will be with the full support of the Trump administration.
The U.S. Department of Justice earlier this year announced that the agency, like Paxton, believes the entire law should be struck down, reversing its previous position that certain sections, including a provision allowing states to expand Medicaid, should not be affected by the case.
Opposing them in Tuesday’s oral arguments at the 5th U.S. Circuit Court of Appeals will be lawyers for the U.S. House and 20 Democratic-led states who say striking down the law would wreak havoc on the health care system and put lives at risk.
The showdown will produce a decision that could give the U.S. Supreme Court another crack at deciding whether the 2010 law, a signature achievement of Democratic President Barack Obama, remains in effect.
At stake is health insurance for about 20 million Americans, either directly through the program sometimes called Obamacare or through expanded Medicaid coverage, as well as protection for millions more who have preexisting medical conditions.
Saturday, June 29, 2019
Supreme Court to review Montana school choice program
The Supreme Court will consider reviving a Montana program that gives tax credits to people who donate to private-school scholarships. The state’s highest court had struck down the program because it violated the Montana constitution’s ban on state aid to religious organizations.
The justices say Friday that they will review the state court ruling, which Montana parents are challenging as a violation of their religious freedom under the U.S. Constitution.
The Montana Supreme Court ruled that the program giving tax credits of up to $150 for donations to organizations that give scholarships to private-school students amounts to indirect aid to schools controlled by churches.
The Republican-led Legislature passed the law in 2015 as an alternative to a school voucher program designed to give students who want to attend private schools the means to do so. Most private schools in Montana have religious affiliations, and more than 90 percent of the private schools that have signed up with scholarship organizations under the program are religious.
The state court ruling invalidated the entire program, for religious and secular schools alike. In urging the Supreme Court to reject the appeal, Montana said it can’t be compelled to offer a scholarship program for private education. The state told the justices that the Montana court decision did not single out students at religious schools because the state court ruling struck down the entire program.
Montana is one of 18 states that offer scholarship tax-credit programs, according to EdChoice, an organization that promotes school-choice programs. Tax credits are one of several ways states have created programs to boost private schools or defray their tuition costs, with others including vouchers, individual tax credits or deductions and education savings accounts.
Sunday, June 16, 2019
Oregon city stops jailing poor who can't pay court debts
The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison.
The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations.
"No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states.
The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time.
Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000.
She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt.
Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further."
The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.
Ohio high court won't hear challenge over bite-mark evidence
The Ohio Supreme Court won't hear an appeal from a man sentenced to death for the 1985 rape, torture and slaying of a 12-year-old boy.
Attorneys for 52-year-old Danny Lee Hill have unsuccessfully argued bite-mark evidence used against him was unreliable and that he should get a new trial.
A county judge rejected his request, and a state appeals court upheld that decision. The state Supreme Court this week declined to consider a further appeal.
Hill was convicted of aggravated murder in the killing of Raymond Fife in Warren.
Hill is separately challenging his eligibility for the death penalty, citing intellectual deficits. A federal appeals court is slated to hear arguments in that case this fall.
Sunday, May 26, 2019
Court: NFL's Bucs not entitled to damages from BP spill
A federal appeals court has ruled that the NFL's Tampa Bay Buccaneers is not entitled to damages from BP for the 2010 Deepwater Horizon oil spill.
At issue were the accounting practices the team used to argue that the 2010 spill caused the team's revenues to fall. The Bucs had sought $19.5 million in damages.
On Friday, the 5th U.S. Circuit Court of Appeals upheld a district court's decision against the team.
The court found that the Bucs' revenue in May-June 2010 was not significantly lower than its revenue during that same span a year later. In order to qualify for damages, it had needed to show that its revenues rebounded by at least 10% in 2011.
The team's stadium is about 360 miles (580 kilometers) southeast of the site of the spill.
Utah judge suspended for making anti-Trump comments
A longtime Utah judge has been suspended without pay for six months after making critical comments online and in court about President Donald Trump, including a post bashing his “inability to govern and political incompetence.”
Judge Michael Kwan’s posts on Facebook and LinkedIn in 2016-2017 violated the judicial code of conduct and diminished “the reputation of our entire judiciary,” wrote Utah State Supreme Court Justice John A. Pearce in an opinion posted Wednesday.
Kwan’s Facebook account was private but could have been shared by friends, Pearce wrote.
“Judge Kwan’s behavior denigrates his reputation as an impartial, independent, dignified, and courteous jurist who takes no advantage of the office in which he serves,” Pearce said.
Kwan has been a justice court judge in the Salt Lake City suburb of Taylorsville since 1998. He deals with misdemeanor cases, violations of ordinances and small claims.
He was first appointed by elected city officials to a six-year term and was retained in the position by voters.
Kwan argued the suspension was inappropriate and an unlawful attempt to regulate his constitutionally protected speech, Pearce wrote in the opinion.
Tuesday, May 7, 2019
Trump, GOP states ask appeals court to kill ‘Obamacare’
Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.
Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.
The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.
If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.
The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.
Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.
The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.
Thursday, April 18, 2019
Nissan ex-chair Ghosn appeal on extended detention rejected
Japan's top court said Thursday it has rejected an appeal by former Nissan Chairman Carlos Ghosn's lawyers against his extended detention after his fourth arrest on allegations of financial misconduct.
The decision upholds the extension of his detention through April 22 that was approved Monday by the Tokyo District Court.
The Supreme Court ruling was made Wednesday and conveyed to foreign media on Thursday.
Ghosn was first arrested in November and charged with under-reporting his retirement compensation and with breach of trust. He was released March 6 on bail, but was arrested again on April 4 on fresh allegations and sent back to detention.
Rearresting a suspect released on bail, which is allowed only after indictment, is rare and has triggered criticism of Japan's criminal justice system, in which long detentions during investigations are routine.
Ghosn, who led Nissan for two decades and is credited with turning around the company from near-bankruptcy, has denied any wrongdoing.
In a separate legal maneuver, the Tokyo District Court has rejected an appeal by Ghosn's lawyers questioning prosecutors' confiscation of video of security camera installed at Ghosn's apartment, Kyodo News reported Thursday. The court did not respond to calls after office hours.
Last week, Nissan's shareholders voted to remove Ghosn from the company's board.
In his video statement filmed before his arrest and released by his lawyers April 9, Ghosn accused some Nissan executives of plotting against him over unfounded fears about losing their autonomy to their French alliance partner Renault SA.
Supreme Court asked to void Louisiana abortion clinic law
A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic.
A divided high court had previously agreed to block the law pending a full review of the case.
An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016.
If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign.
The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions.
Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.”
But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions.
Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.
But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.
In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal.
In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.
Friday, April 5, 2019
Loughlin, Huffman due in court in college admissions scam
Actresses Lori Loughlin and Felicity Huffman faced court appearances Wednesday on charges they took part in the college bribery scandal that has ensnared dozens of wealthy parents.
The actresses along with Loughlin’s fashion designer husband, Mossimo Giannulli, and dozens of others were charged last month in a scheme in which authorities say parents paid an admissions consultant to bribe college coaches and rig test scores to get their children into elite universities.
Huffman, Loughlin and Giannulli, whose Mossimo clothing had long been a Target brand, have not publicly commented on the allegations. They were set to make their first appearances in Boston’s federal court along with other parents charged in the scheme.
Loughlin, who played Aunt Becky on the sitcom “Full House” in the 1980s and ’90s, and Giannulli are accused of paying $500,000 to have their two daughters labeled as recruits to the University of Southern California crew team, even though neither participated in the sport.
The Hallmark Channel — where Loughlin starred in popular holiday movies and the series “When Calls the Heart” — cut ties with Loughlin a day after her arrest.
Loughlin and Giannulli’s daughter, social media star Olivia Jade Giannulli, was dropped from advertising deals with cosmetics retailer Sephora and hair products company TRESemme.
Friday, March 29, 2019
Australian man loses bullying-by-breaking wind court case
An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him.
The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying.
Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering.
Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence.
Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind.
Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling.
Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky."
"He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court.
Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice."
Hingst also accused Short of being abusive over the phone, using profane language and taunting him.
The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults."
The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent.
Monday, March 11, 2019
Ohio Republicans defending state congressional map in court
Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.
A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.
Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.
Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio.
Tuesday, February 26, 2019
Court to rule on car rental tax imposed in Maricopa County
The Arizona Supreme Court is scheduled to release a decision Monday in a challenge of a car rental tax surcharge imposed in Maricopa County to pay for building a football stadium and other sports and recreational facilities.
The state’s highest court said last year that it would review a lower court’s ruling that concluded the surcharge is legal.
Attorneys for car rental companies had argued that a constitutional provision meant the surcharge revenue can be used only to build and maintain roads.
The surcharge partially funds the Arizona Sports and Tourism Authority. The agency uses the money to help pay off bonds for the stadium where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities.
Kenya court postpones ruling on anti-gay laws to May 24
A Kenyan court Friday postponed a ruling on whether to decriminalize same sex relationships, disappointing many in the country's LGBT community.
The ruling will not be made until May 24 because some judges had been busy, Justice Chaacha Mwita of the High Court said.
Several activists who went to the court for the landmark ruling expressed their dismay.
"To say we are disappointed would be an understatement," the National Gay and Lesbian Human Rights Commission, which is among the petitioners in the case, said in a tweet.
A case so important should have been should have been given the time it deserves, said activist Grace Mbijiwa outside the courtroom.
"However we are looking forward because we have a date in May 2019," said Mbijiwa. "We are looking forward and hoping for the best, looking forward for LGBT being legalized."
Activists argue that the colonial-era law which criminalizes same consensual sex-relations between adults is in breach of the constitution because it denies basic rights.
Dakota Access developer sues Greenpeace in state court
The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court.
Texas-based Energy Transfer Partners on Thursday sued Greenpeace and several activists it also had targeted in the federal lawsuit that U.S. District Judge Billy Roy Wilson dismissed on Feb. 14. Wilson said he found no evidence of a coordinated criminal enterprise that had worked to undermine ETP and its pipeline project.
ETP had made claims under the federal Racketeer Influenced and Corrupt Organizations Act and also under North Dakota laws. Wilson did not address the merits of the state claims.
ETP seeks "millions of dollars of damages" in the state lawsuit, which makes similar claims to its federal lawsuit — that Greenpeace and activists conspired to use illegal and violent means such as arson and harassment to disrupt pipeline construction and damage the company, all the while using the highly publicized and prolonged protest to enrich themselves through donations.
"Defendants thus advanced their extremist agenda ... through means far outside the bounds of democratic political action, protest, and peaceful, legally protected expression of dissent," company attorney Lawrence Bender wrote in the complaint.
Greenpeace on Friday had not yet been served with the lawsuit and declined to comment on its specifics. However, Greenpeace attorney Deepa Padmanabha said ETP "is clearly still trying to bully Greenpeace through the legal system."
"We are confident that this latest attempt to silence peaceful advocacy will receive the same fate as the last meritless attack," he said.
Groups and American Indian tribes who feared environmental harm from the pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016. ETP maintains the pipeline is safe. It began moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois in June 2017.
Wednesday, February 13, 2019
Court case to tackle jails' medication-assisted treatment
The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.
Democratic Gov. Janet Mills recently lifted the Maine Department of Corrections' ban on medication-assisted treatment. The ACLU's lawsuit filed in September argued that it's unconstitutional and harmful for Maine jails to prohibit such treatment.
Madawaska resident Brenda Smith sued, asking to continue using medication-assisted treatment to keep her opioid use disorder in remission. Smith, who is expected to report to Aroostook County Jail this year, testified Monday in U.S. District Court in Portland during a court case that is expected to last all week.
Smith wept on the stand while describing how access to the medicine is critical to stabilizing her life. ACLU lawyers said they will spend the week making the case that such access is a constitutional issue, as well as a protected right under the federal Americans with Disabilities Act.
"It makes me feel normal, like I'm a normal human being," Smith said.
Smith's lawsuit against the jail comes at a time when jails and prisons across the country are starting to provide addiction medications to inmates, as resistance from long-skeptical corrections officials appears to be loosening amid the national drug epidemic.
Attorneys for the jail have pushed back at the idea that a ban on medically assisted treatment is a violation of a prisoner's rights. Attorney Peter Marchesi, an attorney representing the jail Monday, has previously said medical staff members at the jail have the ability to manage prisoners' withdrawal symptoms.
Monday's court action also included an expert witness, Dr. Ross MacDonald, who has overseen medical care for New York City's jail system. The medical literature supports medication-assisted treatment for opioid use disorder, and it's important to have that option available to prisoners, he said.
Court upholds order to unseal records in brazen lynching
A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp.
A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings.
Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river.
Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone.
Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.
Friday, February 8, 2019
State high court to weigh appeal based on impulsivity issue
The Arizona Supreme Court will consider if judges can allow evidence on whether defendants have brain damage making it more than likely a crime was committed impulsively rather than with premeditation.
The court agreed Tuesday to consider the appeal of Stephen Jay Malone Jr., a Tucson man convicted of first-degree murder and other crimes in the 2013 killing of his wife, 25-year-old Augustina Soto. Her sister was wounded in the same shooting.
A state Court of Appeals July 2018 decision on Malone’s appeal upheld his convictions and said past Supreme Court decisions on admission of impulsivity are “nuanced.”
According to the decision, courts can’t consider evidence that a defendant’s mental disorder short of insanity negates criminal intent but can consider evidence that a character trait for impulsivity didn’t indicate premeditation.
Supreme Court blocks Louisiana abortion clinic law
A divided Supreme Court stopped Louisiana from enforcing new regulations on abortion clinics in a test of the conservative court's views on abortion rights.
The justices said by a 5-4 vote late Thursday that they will not allow the state to put into effect a law that requires abortion providers to have admitting privileges at nearby hospitals.
Chief Justice John Roberts joined the court's four liberals in putting a hold on the law, pending a full review of the case.
President Donald Trump's two Supreme Court appointees, Justices Neil Gorsuch and Brett Kavanaugh, were among the four conservative members of the court who would have allowed the law to take effect.
Kavanaugh wrote a dissenting opinion in which he said the court's action was premature because the state had made clear it would allow abortion providers an additional 45 days to obtain admitting privileges before it started enforcing the law.
If the doctors succeed, they can continue performing abortions, he said. If they fail, they could return to court, Kavanaugh said. The law is very similar to a Texas measure the justices struck down three years ago. Roberts dissented in that case.
But the composition of the court has changed since then, with Kavanaugh replacing Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint "pro-life" justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions.
Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state's three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.
But the federal appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.
Thursday, January 24, 2019
US presses ahead with border wall in court despite shutdown
A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.
Lawyer: Incapacitated woman who gave birth not in coma
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.
Sunday, January 6, 2019
High court to take new look at partisan electoral districts
Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March.
The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking.
The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain.
Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue.
The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district.
In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.
WVa AG's help sought in Supreme Court impeachment appeal
Three months after a ruling halted the impeachment process involving most of West Virginia's Supreme Court justices, the state Senate president is seeking a second opinion.
Senate President Mitch Carmichael said Friday at the annual Legislative Lookahead forum he's asked state Attorney General Patrick Morrisey to look into handling a possible appeal to the U.S. Supreme Court.
Carmichael, a Republican, is still steamed at a panel of state Supreme Court stand-ins that ruled impeachment efforts of the justices were a violation of the separation of powers doctrine. The process was officially derailed when the presiding judge didn't show up to Justice Margaret Workman's trial in the state Senate in light of the court's ruling blocking it.
"We believe it is totally, completely wrong," Carmichael said. The acting justices ruled the Senate lacked jurisdiction to pursue Workman's trial and later applied the decision to trials involving justices Robin Davis and Allen Loughry, who had petitioned the court to intervene.
Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court.
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