Thursday, December 26, 2019

To overcome travel ban, some Americans taking cases to court

Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again. “Every time I speak to her, she ask, ‘When are they going to give me the visa?’” the elder Hafar said, recalling the days of uncertainty that took up the better part of this year. There was “nothing I could tell her, because nobody knows when.” That she landed at Kennedy Airport on a recent December day was testament to her father’s determination to keep his promise that they would be reunited and his willingness to go as far as suing the government in federal court. Advocates say the process for obtaining a travel ban waiver is still shrouded in unpredictability, which causes delays for thousands of American citizens waiting for loved ones.

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

Justices weigh dismissal of case over New York City gun law

The Supreme Court considered Monday whether to dismiss the first gun rights case it has heard in nearly 10 years, an outcome that would come as a huge relief to gun-control advocates. The justices heard arguments in a dispute over New York City restrictions on transporting licensed, locked and unloaded guns outside the city limits. New York has dropped its transport ban, but only after the high court decided in January to hear the case. Gun-rights groups are hoping a conservative majority fortified by two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, would use the case to expand on landmark decisions from a decade ago. But the court spent most of the hour trying to determine whether anything is left of the case brought by the National Rifle Association’s New York affiliate and three city residents. Chief Justice John Roberts sought assurances from the city’s lawyer that New York police would not refuse to issue gun licenses to people who have may have violated the old law. In urging the justices to get rid of the case, Richard Dearing, the city’s lawyer, said repeatedly that the city would not prosecute people for or deny licenses based on past violations. The four liberal justices made clear they are likely to vote for dismissal. “So what’s left of this case? Petitioners have gotten all the relief they sought,” said Justice Ruth Bader Ginsburg, on the bench for the first time since a recent two-night hospital stay.

Sunday, November 17, 2019

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

Blackbeard's ship case about images returns to trial court

A treasure hunter who accuses the state of North Carolina of misusing his images from Blackbeard's flagship says he'll ask for 10 times the damages he originally sought, now that a court ruling has come down in his favor. John Masters of Florida-based Intersal Inc. says he plans to seek $140 million in damages from the state following the ruling Friday from the North Carolina Supreme Court that the case must return to Business Court. He said an expert witness had put Intersal's losses from the state's use of more than 2,000 images and more than 200 minutes of film at $129 million. He's seeking another $11 million for losses over a permit that the state denied him, which would have allowed Intersal to search for a Spanish ship. Almost a quarter-century ago, Masters' father, Philip, discovered the wreckage of the Queen Anne's Revenge, which ran aground in Beaufort, in what was then the colony of North Carolina, in June 1718. Volunteers with the Royal Navy killed Blackbeard in Ocracoke Inlet that same year. Intersal found little loot when it located the shipwreck in 1996, but tens of thousands of artifacts have been recovered since then. Intersal and the state have reached two contracts, one in 1998 and another in 2013, that gave the company the rights to photos and videos of the wreck and of the recovery, study and preservation of its historic artifacts.

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. After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court. He said the case is not “equitable” because the U.S. government has “unlimited resources” while he doesn’t have easy access to his lawyers or to documents needed to prepare his battle against extradition while he is confined to Belmarsh Prison on the outskirts of London.

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.”

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.

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.

Monday, July 29, 2019

Supreme Court: Trump can use Pentagon funds for border wall

The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico. The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start. The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!” The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

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. The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said. Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days. Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her. Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working. The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape. Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.

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.

Kevin Spacey accuser drops lawsuit against actor

A young man who says Kevin Spacey groped him in a Nantucket bar in 2016 has dropped his lawsuit against the Oscar-winning actor, his lawyer said Friday. Spacey still faces a criminal charge. He pleaded not guilty to indecent assault and battery in January. His accuser’s lawyer, Mitchell Garabedian, announced in an email that the suit filed June 26 in Nantucket Superior Court has been voluntarily dismissed. No reason was provided either by Garabedian or in the court filing. Garabedian said he would have no further comment. A telephone message was left at his office. According to the court filing, the suit was dismissed “with prejudice,” which means it cannot be refiled. An email was left Friday requesting comment from Alan Jackson, Spacey’s attorney. Jackson has previously said the man is lying in the hopes of winning money in a civil case against Spacey. The legal development could have significance for the criminal case against Spacey, legal experts say. While there are a range of reasons why a civil suit is dropped so quickly after being filed, it could be an indicator a private settlement was reached and that the accuser may ultimately stop cooperating with prosecutors, said William Korman, a former prosecutor in the Suffolk County District Attorney’s office who is now a criminal defense lawyer specializing in sexual assault cases.

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.

Sunday, May 26, 2019

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.

Monday, May 20, 2019

South Africa ex-president Jacob Zuma in court for corruption

Former South African president Jacob Zuma is in court facing charges of corruption, money laundering and racketeering. Zuma, 77, appeared at the High Court in Pietermaritzburg in eastern KwaZulu-Natal province Monday on charges of receiving bribes when the government purchased arms in 1999. Zuma was South Africa's president from 2009 until 2018, when he was forced to resign by his ruling African National Congress party amid persistent allegations of corruption. The criminal charges against Zuma were first raised more than 10 years ago but were withdrawn by the National Prosecution Authority in 2008. The charges were reinstated after a court ruled that there are sufficient grounds to bring him to trial. Zuma's former financial adviser, Schabir Shaik, was in 2005 convicted of fraud and corruption.

Tuesday, May 7, 2019

News attorneys: Opioid distribution data should be public

Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening. They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later. “The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said. The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills. A Justice Department attorney told the judges releasing the data would compromise investigations. “This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.” Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.

Thursday, April 18, 2019

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

Case about indigent drivers and drivers' licenses in court

A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay. Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification. The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor. The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked. They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.

Tuesday, February 26, 2019

Governor says 'no executions' without court-backed drugs

Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate. Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method. Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system. After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long. The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious. Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.

Dominion to ask Supreme Court to hear pipeline appeal

Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail. Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service. A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial. The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia. The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.

Wednesday, February 13, 2019

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

Man accused of kidnapping Wisconsin girl to appear in court

A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing. Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days. Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence. According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her. In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog. Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.

Thursday, January 24, 2019

Supreme Court returns to gun rights for 1st time in 9 years'

The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits. The court’s decision to hear the appeal filed by three New York residents and New York’s National Rifle Association affiliate could signal a revived interest in gun rights by a more conservative court. The case won’t be argued until October. The challengers are represented by prominent lawyer Paul Clement, who has been urging the justices to elaborate on the extent of constitutional gun rights the Supreme Court declared in decisions in 2008 and 2010. The court had previously rejected several appeals. The court may be more willing to take on a gun rights case now that Justice Anthony Kennedy has retired and been replaced by Justice Brett Kavanaugh, who was President Donald Trump’s second high-court nominee to be confirmed. Clement says the case “is a perfect vehicle to reaffirm that those decisions and the constitutional text have consequences.” Joining in support of gun rights, 17 states said the court should break its years-long silence and use the case to define the scope of gun rights under the Constitution and the level of scrutiny, or skepticism, judges should apply to gun laws. New York’s ordinance allows people licensed to have handguns to carry them outside the home to gun ranges in the city. The guns must be locked and unloaded. The city residents who filed suit want to practice shooting at target ranges outside the city or take their guns to second homes elsewhere in New York state. Lower courts had rejected the challenge.

Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

With a guilty plea and a huge fine, Cristiano Ronaldo finally put an end to his tax ordeal in Spain. Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine of nearly 19 million euros ($21.6 million). The Juventus forward, who was facing charges stemming from his days at Real Madrid, spent about 45 minutes in court to sign the agreement. He was also given a two-year suspended sentence. Ronaldo will not have to serve time in prison because judges in Spain can suspend sentences for two years or less for first-time offenders. The Portugal star smiled broadly after leaving court despite the unwanted trip back to Madrid, where he played until last summer. “It’s done,” he said briefly as he walked past some of the hundreds of journalists outside the court house. He later posted a photo on Twitter of himself smiling while apparently taking a selfie inside an airplane. The picture was accompanied by emoticons that included a “thumbs-up.” Ronaldo arrived in court in a black van and was wearing sunglasses, a black sports coat, black pants and white tennis shoes. He stopped to sign an autograph before walking up some stairs leading to the court house. He was accompanied by his lawyers and his partner, Georgina Rodriguez. Police officers escorted him. The court had dismissed Ronaldo’s request to enter the building directly from the parking lot, which would have allowed him to avoid the media. The request was made for security reasons, but the court said it didn’t think the measure was needed despite the player’s notoriety.

Sunday, January 6, 2019

High court to take new look at partisan electoral districts

The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan. 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.