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Supreme Court upholds cellphone robocall ban
Court Watch |
2020/07/07 10:08
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The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones.
The case, argued by telephone in May because of the coronavirus pandemic, only arose after Congress in 2015 created an exception in the law that allowed the automated calls for collection of government debt.
Political consultants and pollsters were among those who asked the Supreme Court to strike down the entire 1991 law that bars them from making robocalls to cellphones as a violation of their free speech rights under the Constitution. The issue was whether, by allowing one kind of speech but not others, the exception made the whole law unconstitutional.
Six justices agreed that by allowing debt collection calls to cellphones Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment,” Justice Brett Kavanaugh wrote. And seven justices agreed that the 2015 exception should be stricken from the law.
“Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,” Kavanaugh noted at the outset of his opinion.
During arguments in the case in May, Justice Stephen Breyer got cut off when someone tried calling him. Breyer said after he rejoined the court’s arguments: “The telephone started to ring, and it cut me off the call and I don’t think it was a robocall.”
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Court to hear arguments on Dayton gunman's school records
Court Watch |
2020/06/03 09:57
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The Ohio Supreme Court is set to hear oral arguments Wednesday in a case filed by news media groups seeking school records about the man who gunned down nine people in Dayton last August.
The media groups, including The Associated Press, argue the student records could provide information on whether authorities properly handled early warning signs from slain gunman Connor Betts.
The Bellbrook-Sugarcreek Local Schools district argues Betts’ records are protected by state and federal privacy laws. Ohio GOP Attorney General Dave Yost will argue they should be released.
Betts was killed by police 32 seconds after he opened fire Aug. 4, 2019, in Dayton’s crowded Oregon District entertainment area. Armed with an AR-15-style gun with an extended ammunition magazine, Betts killed nine, including his sister, and injured dozens more.
The Supreme Court took the case after an appeals court ruled in favor of the district and its denial of access to Betts’ high school files.
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Court: UK shouldn’t give US evidence on pair of IS militants
Court Watch |
2020/03/25 10:23
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A court on Wednesday barred the British government from providing U.S. prosecutors with evidence against two Islamic State militants suspected in the beheadings of Western hostages, citing the prospect the men could face the death penalty if tried and convicted in America.
The ruling by the British Supreme Court blocks an earlier decision by the country’s authorities to cooperate with the U.S. by sharing information about El Shafee Elsheikh and Alexanda Kotey.
The British men, captured two years ago by a Kurdish-led, U.S.-backed militia, are accused of participation in a brutal Islamic State group known for beheadings and barbaric treatment of American aid workers, journalists and other hostages in Syria.
The court decision is a setback for the U.S. Justice Department, where officials for years have been investigating the killings. U.S. officials have not announced any charges against the men, but have spoken publicly about their desire to see members of the cell, known as “The Beatles” for their British accents, face justice. The men were transferred to U.S. custody last October as Turkey invaded Syria to attack Kurds who have battling the Islamic State alongside American forces.
“We are disappointed with the UK Supreme Court’s decision and are considering the appropriate next steps,” said Justice Department spokesman Marc Raimondi. “As our investigation of these individuals continues, we will work with our UK counterparts on a path forward, consistent with our shared commitment to ensuring that those who commit acts of terror are held accountable for their crimes.”
It was not clear what those next steps would be, or whether the decision might prompt the Justice Department to remove the possibility of the death penalty from any eventual prosecution. Attorney General William Barr said in a private meeting last year with victims’ relatives that he wanted to see the militants brought to justice. |
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Court affirms conviction in hot-grease injuries to wife
Court Watch |
2020/03/21 17:29
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The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him.
Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 42, of Greenwood, the Greenwood Commonwealth reported.
“We cannot find any arguable issue for appeal or reversible error committed by the trial court,” Justice David Ishee wrote in upholding the conviction.
Woodson was convicted in 2017 of domestic aggravated assault and sentenced to 20 years in prison. He is in the Holmes/Humphreys County Correctional Facility in Lexington.
Woodson and his wife had been married for 20 years at the time of the assault. According to court records, Anita Woodson testified that she got home from work around 12:45 a.m. on Aug. 6, 2015. During an argument, she told her husband she was going to leave him the next day.
She fell asleep, then woke up when Kendall Woodson pulled her up by the hair, began beating her and poured hot cooking oil on her head, while threatening to kill her. Anita Woodson was severely burned and received a concussion.
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Supreme Court divided in 1st big abortion case of Trump era
Court Watch |
2020/03/08 13:06
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A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.
Roberts did not say enough to tip his hand in an hour of spirited arguments at the high court.
The court’s election-year look at a Louisiana dispute could reveal how willing the more conservative court is to roll back abortion rights. A decision should come by late June.
The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks.
The justices are weighing a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. A federal judge found that just one of Louisiana’s three abortion clinics would remain open if the law is allowed to take effect. The federal appeals court in New Orleans, though, upheld the law, setting up the Supreme Court case.
Justice Ruth Bader Ginsburg noted, as she had before, that “among medical procedures, first trimester abortion is among the safest, far safer than childbirth.” The abortion clinic in Shreveport at the heart of the case reported transferring just four patients to a hospital out of roughly 70,000 it has treated over 23 years, Justice Elena Kagan noted. |
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Ruling ends court fight over merger of 2 school districts
Court Watch |
2020/02/07 19:02
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A court ruling is ending a legal fight over the voluntary merger of two school districts in south Mississippi.
The Mississippi Supreme Court ruled Thursday that opponents waited too long to file a lawsuit, the Hattiesburg American reported.
In April 2017, the Lumberton Public School District and the Lamar County School District voted to consolidate. The plan included some territory and affected some students in Pearl River County.
The Mississippi Board of Education approved the plan in June 2017, and the two districts consolidated in July 2018. Lamar County schools officials agreed to keep Lumberton schools open and have Lumberton students attend those schools. The officials also hired Lumberton teachers.
Pearl River County officials filed a lawsuit to oppose the Lamar and Lumberton merger. They aregued that students who live in Pearl River County should attend school in Pearl River County. A chancery judge ruled against the Pearl River County plaintiffs, and they appealed to the state Supreme Court. The consolidation remains in place.
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Missouri county sued over jail time for unpaid court costs
Court Watch |
2020/02/05 19:16
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A Missouri man at the heart of a state Supreme Court case that overturned what critics called modern-day debtors’ prisons is back in jail and suing the local officials who put him there.
Warrensburg resident George Richey, 65, is one of two Missouri men who sued over boarding costs for time spent in county jails, which are commonly referred to as board bills.
Richey spent 65 days in jail in 2016 for not paying past board bills. Supreme Court judges last year unanimously sided with him, writing in an opinion that while inmates are responsible for those costs, “if such responsibilities fall delinquent, the debts cannot be taxed as court costs and the failure to pay that debt cannot result in another incarceration.”
The nonprofit legal defense organization ArchCity Defenders on Tuesday sued St. Clair County and Associate Circuit County Judge Jerry Rellihan on behalf of Richey for the harm caused by his unlawful imprisonment.
Richey’s lawyers wrote in a Tuesday court filing that the time he spent in jail meant he lost “his home, all of his personal belongings, and lived in constant fear of arrest for the past four years.”
“I have the clothes on my back, but that’s it. This has caused me to lose everything,” Richey said in a statement. “I’m not the only one these counties are picking on, and I’m taking a stand because these crooked practices can’t continue.”
Associated Press requests for comment to St. Clair County officials were not immediately returned Wednesday.
Richey’s lawyers also argued that the judge retaliated against him for taking his board bill case to the Supreme Court. |
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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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