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Former County Sheriff Joe Arpaio loses another round in court
Court Watch |
2017/05/20 11:02
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An appeals court has rejected former Sheriff Joe Arpaio's bid to have a jury, rather than a judge, decide whether he is guilty of a criminal contempt-of-court charge for disobeying a court order in a racial profiling case.
The 9th Circuit Court of Appeals ruled Thursday that Arpaio didn't show that his request warranted its intervention in the case.
The former six-term sheriff of metro Phoenix faces the misdemeanor charge for defying a 2011 court order in a racial profiling case to stop his signature immigration patrols.
Arpaio has acknowledged prolonging the patrols, but insists his disobedience wasn't intentional. If convicted, the 84-year-old could be sentenced up to six months in jail. His trial is scheduled to begin on June 26. |
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Ohio Supreme Court justice backs legalizing marijuana
Court Watch |
2017/05/17 11:03
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An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.
Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.
O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.
In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.
Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.
“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”
He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.
O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.
“Treat addiction like the disease it is in the name of compassion,” he said.
There’s already a crowded field lining up on both sides of the governor’s race.
For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.
The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination. |
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High court could soon signal view on Trump immigration plans
Court Watch |
2017/05/15 16:38
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Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.
Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.
The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.
President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.
For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”
Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings. |
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Indian tycoon Vijay Mallya guilty of disobeying top court
Court Watch |
2017/05/10 16:39
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ndia's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.
Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.
The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.
Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.
He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.
India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him. |
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Indiana high court: Immigration status inadmissible at trial
Court Watch |
2017/05/07 16:40
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The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.
The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.
"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.
Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.
Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.
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Judge W. Brent Powell Appointed to Missouri Supreme Court
Court Watch |
2017/04/26 00:02
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Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.
Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.
Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.
Greitens said Powell has established himself as "an outstanding jurist."
"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."
Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.
"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."
Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.
Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.
Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors. |
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Austrian court: ex-Croatian general guilty of embezzlement
Court Watch |
2017/04/20 00:18
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An Austrian court has found a former Croatian general guilty of embezzling millions of euros and sentenced him and an associate to two years in prison.
The court in the southern city of Klagenfurt determined Wednesday that the ex-general, Vladimir Zagorec, and Guenter Striedinger were involved in diverting loans from the now-defunct Hypo Alpe Adria Bank. Striedinger was a bank board member.
Judge Michaele Sanin said the damages caused by the two amounted to over 17 million euros ( $18 million.)
The bank was nationalized to prevent bankruptcy in 2009 and its assets are being sold to pay off creditors.
Lawyers for both men say they are appealing the verdict and sentence.
A third man whom the court did not name also was found guilty and given a suspended prison term.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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