Saturday, April 16, 2022
Arizona court won’t halt sex suits naming Boy Scouts, others
Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America after the state Supreme Court rejected claims that a state law extending victims’ right to sue was unconstitutional.
Arizona is among many states that have reacted to child sex abuse in recent years by allowing victims of even decades-old abuse to sue groups that didn’t protect them from predators. That has led to lawsuits against the Roman Catholic Church, Scouts and others.
The high court last week rejected appeals by Big Brothers Big Sisters of America and its affiliates in central and southern Arizona of lower court rulings that found a 2019 law extending the statute of limitations was constitutional.
The rulings appear to be the first to directly address whether the Arizona law is legal, according to Phoenix attorney Robert Pastor, who represents victims in the two cases the high court considered.
Those lawsuits allege that the group that connects youth called “Littles” with adult mentors known as “Bigs” did not properly oversee the Bigs. The cases involved two men who abused boys, one in 1983 and one in the 1970s, court filings show. The men are not defendants.
Saturday, April 9, 2022
Mexico high court OKs preference for state power plants
Mexico’s Supreme Court deemed constitutional Thursday a controversial energy law pushed by President Andrés Manuel López Obrador that gives government-owned power plants preference over private competitors.
The law took effect in March 2021, but a number of private energy companies sought injunctions blocking enforcement. With the law ruled constitutional, the injunctions will now have to be resolved.
The law establishes that electricity must be bought first from government power plants, which use primarily coal, oil and diesel to produce energy. If demand requires it, additional electricity could be purchased from private wind, solar and natural gas plants.
Jesús Ramírez, presidential spokesman, celebrated the court’s decision. “History will judge those who betray the country and the interests of Mexican people,” he said via Twitter.
Critics, including the United States government, maintain the law will undermine competition in the sector, hurt the environment and violate free trade agreements.
2nd defendant pleads guilty in 2018 hate crime in Washington
A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.
U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.
U.S. District Judge Richard A. Jones scheduled sentencing for July 8.
According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.
On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.
DeSimas also admitted making false statements to the FBI during the investigation of the case.
Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.
Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.
Friday, February 25, 2022
Minshew & Ahluwalia LLP Attorney - Nicholas C. Minshew
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the areas of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County.
Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.
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Thursday, January 20, 2022
Court to hear appeal of man convicted in son’s hot-car death
A man whose toddler son died after he left him in a hot car for hours is asking Georgia’s highest court to overturn his convictions for murder and child cruelty.
Justin Ross Harris, 41, was convicted in November 2016 on eight counts including malice murder in the death of his 22-month-old son, Cooper. A judge sentenced him to life without parole as well as 32 more years in prison for other crimes.
Harris has appealed his convictions for murder and first-degree child cruelty. The Georgia Supreme Court scheduled oral arguments for Tuesday.
Harris, who moved from Tuscaloosa, Alabama, to the Atlanta area for work in 2012, told police he forgot to drop his son off at day care on the morning of June 18, 2014, driving straight to his job as a web developer for Home Depot without remembering that Cooper was still in his car seat.
Cooper died after sitting for about seven hours in the back seat of the vehicle outside his father’s office in suburban Atlanta, where temperatures that day reached at least into the high 80s.
Prosecutors argued at trial that Harris was unhappily married and killed his son on purpose to free himself. Defense attorneys described him as a doting father and said the boy’s death was a tragic accident.
Police officers who interacted with Harris after his son’s death didn’t think he acted the way a father should under the circumstances, and began investigating all aspects of his life, according to a defense brief filed with the high court.
Evidence showed he was a loving and attentive father, even if exchanging sexually explicit messages and graphic photos with women and teenage girls and meeting some of them for sex revealed that Harris was not a great husband, the defense brief says.
Investigators “cherry picked the mountain of electronic data to support the conclusion that (Harris) murdered his son, ignoring contrary evidence,” the brief says.
Harris’ lawyer, Mitch Durham, argues that the judge shouldn’t have admitted evidence of Harris’ extramarital communications and in-person trysts at trial because his sexual misconduct had nothing to do with the death of his child. Prosecutors argue that plenty of evidence was presented to allow jurors to infer that Harris “acted out of a desire to be free of his wife and son so that he could pursue his self-described sexual addiction.”
Durham argues that there was insufficient evidence to show that he intended to kill his son and that some of his internet searches, activity and messages were twisted to fit that narrative. He says the evidence of sexual misconduct served only to prejudice the jury against Harris.
Thursday, December 16, 2021
Ex-Epstein worker tells jury she ‘looked up’ to Maxwell
A former office worker for financier Jeffrey Epstein testified at the sex abuse trial of Ghislaine Maxwell on Thursday that she worked on a daily basis with Maxwell for six years and had only admiration for her.
Cimberly Espinosa, the first defense witness, told a jury she was Maxwell’s assistant at Epstein’s New York City office on Madison Avenue from 1996 to 2002. Maxwell was managing Epstein’s multiple high-end properties at the time, she said, calling it a “huge job.”
“I highly respected her,” Espinosa said in federal court in Manhattan. “I looked up to her very much.”
The defense case began after the jury heard four women detail accusations that they were teens when they became victims of a sex-abuse scheme devised by Maxwell and Epstein. The British socialite’s attorneys are expected to make their case that Maxwell isn’t the one to blame.
The government’s case lasted only two weeks and the defense case could last just two days. Both sides streamlined their witness lists without revealing why, making the trial end well short of an original six-week estimate.
The start of the defense case has already sparked the usual speculation about whether the high-profile defendant will take the witness stand in her own defense — a gamble that is almost never taken. Either way, U.S. District Judge Alison Nathan will have to receive direct confirmation from Maxwell about her decision before the defense can rest.
Maxwell was once Epstein’s girlfriend before becoming a trusted employee. Witnesses testified the pair exploited them between 1994 to 2004 at Epstein’s homes, including an estate in Palm Beach, Florida; his posh Manhattan townhouse; and a Santa Fe, New Mexico, ranch.
The defense has insisted that Maxwell is being made a scapegoat for alleged sex crimes by Epstein, who killed himself in jail in 2019. Her lawyers have sought to show that the accusers exaggerated her involvement at the behest of lawyers seeking payouts for the women from civil claims against the Epstein estate.
Tuesday, December 7, 2021
Both sides planning for new state-by-state abortion fight
As the Supreme Court court weighs the future of the landmark 1973 Roe v. Wade decision, a resurgent anti-abortion movement is looking to press its advantage in state-by-state battles while abortion-rights supporters prepare to play defense.
Both sides seem to be operating on the assumption that a court reshaped by former President Donald Trump will either overturn or seriously weaken Roe.
“We have a storm to weather,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “We have to weather the storm so that in the future — five, 10, 15 years from now — we’re talking about how we managed to repeal all these abortion bans.”
The institute estimates that as many as 26 states would institute some sort of abortion-access restrictions within a year, if permitted by the court. At least 12 states have “trigger bans” on the books, with restrictions that would kick in automatically if the justices overturn or weaken federal protections on abortion access.
The current case before the court, Dobbs v. Jackson Women’s Health Organization, concerns a Mississippi law that bans abortion after 15 weeks of pregnancy. Roe v. Wade, which was reaffirmed in a subsequent 1992 ruling in Planned Parenthood v. Casey, allows states to regulate but not ban abortion up until the point of fetal viability, at roughly 24 weeks.
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