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Impeachment focus back on W.Va. court after justice resigns
Breaking Legal News |
2018/11/17 12:59
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Now that an impeached and suspended West Virginia Supreme Court justice has resigned, lawmakers are turning their attention to a panel of justices that had cut off pending impeachment trials.
After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.
The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.
Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."
Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached.
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Mixed rulings for Republicans from Kentucky Supreme Court
Health Care |
2018/11/16 13:03
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In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.
Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.
The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.
The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."
Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate. |
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Supreme Court to hear Virginia GOP's districting appeal
Breaking Legal News |
2018/11/15 12:58
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The Supreme Court agreed Tuesday to hear an appeal by Virginia Republicans who are trying to preserve state legislative districts that have been struck down by a lower court as racially discriminatory.
The case involves 11 districts in the Virginia House of Delegates. Democratic voters accuse Republicans, who hold the majority, of packing black voters into certain districts to make surrounding districts whiter and more Republican.
A three-judge federal court in Virginia ruled 2-1 in June in favor of the Democratic voters and has appointed a redistricting expert to draw a new legislative map with a Dec. 7 deadline. Kirk Cox, the Republican speaker of the Virginia House, said he is weighing whether to ask the lower court to delay the issuance of a new map until after the Supreme Court rules.
Arguments probably will take place in late February, with a ruling likely by late June. The next round of elections for the state House is 2019, and candidates would normally have to register in the spring and run in primaries in the summer.
Democratic Gov. Ralph Northam's office and House Democratic leader David Toscano did not immediately return requests for comment. Marc Elias, a lawyer representing the voters, predicted on Twitter that the justices would rule in his clients' favor. |
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Georgia candidate asks court to intervene in vote dispute
Class Action |
2018/11/13 12:44
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A Congressional candidate in Georgia says she's asking a federal court to block one of the state's largest counties from certifying its vote totals before ballot disputes are resolved.
Democrat Carolyn Bourdeaux's campaign filed a complaint Sunday night accusing Gwinnett County of improperly rejecting hundreds of absentee ballots in Georgia's 7th Congressional District.
Bourdeaux says those votes should be counted, partly because they were rejected based on "immaterial" information such as missing or inaccurate addresses or birth dates.
The race between Bourdeaux and Republican incumbent Rep. Rob Woodall remains too close to call. With all precincts reporting, Woodall held a lead of about 900 votes out of nearly 279,000 votes counted.
Under Georgia law, Bourdeaux could request a recount. Woodall's campaign on Monday didn't immediately return messages seeking comment.
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Court fight likely in 10-year-old girl’s homicide case
Business |
2018/11/10 14:59
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When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.
The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.
The age at which children get moved to adult court varies by state and can be discretionary in some cases.
Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.
Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.
Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.
For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.
Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.
In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively. |
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'Magic' campaign lands 17 black women on Houston courts
Law Center |
2018/11/08 14:59
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The Houston area's courts are going to be a lot more diverse thanks to a group of 17 African-American women and their "magic."
The women, who were part of an effort dubbed the "Black Girl Magic" campaign, all won races Tuesday to be judges in various Harris County courts in an election that featured more black women on the county's ballot than any other.
The "Black Girl Magic" campaign debuted over the summer with a viral photo that featured the 17 women and two other sitting Harris County judges inside a courtroom. Although those two judges lost their bids Tuesday for seats on the Texas Court of Criminal Appeals, they will retain their local judgeships.
Those behind the campaign say it was part of an effort to broaden the diversity of the Houston area's judiciary and ensure that more African-Americans and other minorities can bring their backgrounds and life experiences to the bench and better reflect the diversity of the nation's fourth largest city.
"I think that while Houston itself is one of the most diverse cities in the United States, our elected officials have not always reflected that," said Lillie Schechter, chair of the Harris County Democratic Party, which put together the "Black Girl Magic" campaign. "Having a government that reflects the people, the population is something that is incredibly important."
Lori Chambers Gray, a Houston defense attorney who won election to be a judge on a criminal district court, said the photo and the "Black Girls Magic" campaign provided her with a source of strength and motivation as she proceeded to Election Day.
"I hope that it's an example for women that we do have opportunities to run and to win a campaign," Gray said.
The "Black Girl Magic" moniker has been used as a hashtag in recent years to highlight the accomplishments of African-American girls and women. In politics, it's been used to highlight the role African-American women have played in helping decide various races, including the highly contested Senate race in Alabama last year in which Democrat Doug Jones beat Republican Roy Moore.
The victory by the 17 black women on Tuesday was part of a Harris County rout by the Democrats, who won almost all of the nearly 70 local judicial races and ousted a popular Republican from the county's top elected office.
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Malaysia court to resume Kim Jong Nam murder trial on Jan. 7
Class Action |
2018/11/06 12:52
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A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.
A High Court judge in August found there was enough evidence to infer that Indonesian Siti Aisyah and Vietnamese Doan Thi Huong, along with four missing North Korean suspects, had engaged in a “well-planned conspiracy” to kill Kim Jong Nam.
The women appeared somber but calm during Wednesday’s hearing. The trial had been due to resume Nov. 1 but was postponed after a defense lawyer fell ill.
Aisyah’s lawyers made a new application to the court to compel prosecutors to provide them with statements that eight witnesses had given to police earlier.
Her lawyer, Kulaselvi Sandrasegaram, said they were informed that one of the witnesses, the man who chauffeured Kim to the airport, had died while two Indonesian women who were Aishah’s roommates were believed to have returned to their homeland. She said they have only managed to interview two of the witnesses offered by prosecutors, while two others didn’t turn up for their appointments and couldn’t be contacted.
The witness statements taken by police are important in “the interest of justice” and to ensure that what they say to defense lawyers is consistent with what they told police, Sandrasegaram told reporters later.
Prosecutor Iskandar Ahmad said the police interviews are privileged statements and shouldn’t be made public.
Judge Azmi Ariffin said the court will make a decision on the defense application on Dec. 14. He also set 10 days from Jan. 7 through February for Aishah’s defense and 14 days from March 11 through April for Huong.
The two are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in custody. The four North Korean suspects fled the country the same morning Kim was killed.
Lawyers for Aisyah, 25, and Huong, 29, have told the judge they will testify under oath in their defense.
They have said their clients were pawns in a political assassination with clear links to the North Korean Embassy in Kuala Lumpur, and that the prosecution failed to show the women had any intention to kill. Their intent is key to concluding they are guilty of murder. |
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