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Court gives government a win in young immigrants' cases
Criminal Law |
2017/10/26 11:53
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A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.
The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.
Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.
A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.
Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."
And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.
Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.
He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."
Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."
"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said. |
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Court weighing whether graffiti mecca was protected by law
Criminal Law |
2017/10/26 11:53
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For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.
But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.
Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.
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Court: State, Not Counties Accountable for Poor School Funds
Criminal Law |
2017/09/19 12:19
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies.
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FBI Searched Ex-Oklahoma Senator's Office for Porn
Criminal Law |
2017/09/16 12:20
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Court records show the FBI searched the Capitol office of a former Oklahoma senator in March because a campaign aide allegedly saw child pornography on his computer.
Republican Sen. Ralph Shortey resigned in March after being arrested when police in the Oklahoma City suburb of Moore found him in a motel room with a 17-year-old boy he had allegedly hired for sex.
The Oklahoman reports that the FBI seized a CD-ROM and an SD card from Shortey's office the day after his resignation. The newly released court records show that someone contacted Moore police about the alleged pornography after seeing news about Shortey's arrest.
Shortey faces three child pornography counts and one child sex trafficking count. He's pleaded not guilty. |
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Court sides with teacher fired for sex with 18-year-old
Criminal Law |
2017/09/13 22:58
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The Pennsylvania Supreme Court has upheld a decision that would allow a teacher fired for having sex with an 18-year-old on her graduation night to return to teaching.
The Lebanon Daily News reports the court ruled against the Cornwall-Lebanon School District, which fired social studies teacher Luke "Todd" Scipioni in 2014 after learning details of the sexual relationship that occurred a decade earlier.
An arbitrator said there was no accusation of a sexual relationship prior to the student's graduation and Scipioni was not culpable for any relationship that occurred after that.
The arbitrator said Scipioni should be reinstated after a one-year suspension for not being truthful. A lower court reversed the arbitrator but was overruled by an appeals court. The supreme court upheld the appeals court's decision.
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Military parts dealer guilty in plot to steal Army equipment
Criminal Law |
2017/09/04 14:53
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A military equipment dealer was convicted Thursday of scheming with soldiers at Fort Campbell, Kentucky, to steal sensitive material for sale to buyers in Russia, China and Mexico.
John Roberts, of Clarksville, Tennessee, was found guilty of conspiracy to steal and sell government property, two counts of violating the Arms Export Control Act and 10 counts of wire fraud. Prosecutors said he faces up to five years in prison for conspiracy and up to 20 years for each count of arms export violations and wire fraud.
More than $1 million in weapons parts, body armor, helmets, gun sights and other equipment was stolen and sold in a vast black market, prosecutors said. Six soldiers and another civilian pleaded guilty. One testified that Roberts was given a tour of the base to see items to be stolen. Eventually, they brought equipment back from Afghanistan and sold it by the truckload.
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Court: DirecTV owes $15M to South Carolina in tax dispute
Criminal Law |
2017/09/03 14:53
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A court has ruled that pay-television giant DirecTV owes South Carolina nearly $15 million because of the way the company calculates its tax bill in the state.
The Post and Courier of Charleston reports the South Carolina Court of Appeals found that DirecTV revised its returns to the Department of Revenue in a way that understated how much money it collected from customers in the state over several years. The decision issued Thursday upholds a lower court ruling from June 2015.
Taxes on more than $2 billion in South Carolina subscriber fees are at stake.
The California-based company, which was acquired by AT&T in 2015, could pay the money or appeal to the S.C. Supreme Court. A DirecTV spokeswoman says the company is reviewing the court decision. |
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