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Lawyer: Clinton already answered every question on email use
Court Watch | 2016/07/18 10:05
Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.

David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.

If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.

Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.


Senate confirms district court judge for New Jersey
Court Watch | 2016/07/12 12:12
The Senate has confirmed President Barack Obama's nominee for the U.S. District Court for the district of New Jersey.

The vote was 92-5 on Wednesday for Brian Martinotti, who has served as a judge on the Superior Court of New Jersey since 2002. Obama nominated him to the district court post in June 2015.

Martinotti worked from 1987 to 2002 at the law firm of Beattie Padovano LLC, where he was elevated to partner in 1994. While at the firm, Martinotti also served as a councilmember for the borough of Cliffside Park from 1991 to 2002.

He was a law clerk to Judge Roger M. Kahn of the New Jersey Tax Court from 1986 to 1987.


Court denies hospital's bid to perform brain death test
Court Watch | 2016/07/12 12:09
The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
 
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.



Court orders release of Chicago police disciplinary records
Court Watch | 2016/07/06 12:11
An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.



Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Court Watch | 2016/06/13 11:17
A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."

The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.

The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.

Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.

Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.

Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.



Appeals court denies Hope Solo's bid to avoid trial
Court Watch | 2016/06/09 09:01
A state appeals court has rejected U.S. women's soccer team goalkeeper Hope Solo's request to avoid trial on misdemeanor domestic violence charges.
 
Seattlepi.com reports the 34-year-old's appeal related to a 2014 incident at her sister's home in suburban Seattle was denied in a Tuesday ruling.

Solo was accused of being intoxicated and assaulting her sister and 17-year-old nephew in the incident. Her lawyer has said Solo was a victim in the altercation.

The case has bounced between the city of Kirkland and King County courts and is currently back in city court, where Solo had asked for a review.

The appeals court denied the review, essentially upholding the county court's ruling.

It's unclear whether Solo will ask the state Supreme Court to review the appeals court decision.



British court gives 22 life sentences to pedophile
Court Watch | 2016/06/07 00:06
A court in Britain has sentenced a former schoolteacher to 22 life sentences for child abuse after using his position teaching English in Malaysia to gain access to victims.

Judge Peter Rook sentenced 30-year-old freelance photographer Richard Huckle on Monday to serve a minimum of 25 years for 71 offenses against children aged between six months and 12 years from 2006 to 2014.

The National Crime Agency arrested Huckle in 2014 and found 20,000 indecent images on his computer, 1,117 of which showed him raping and abusing children in his care. Huckle also created a 60-page "how to" guide for other pedophiles seeking to evade getting caught. He also kept a scorecard tallying the number of children abused.

Huckle groomed children while posing as a Christian English teacher and philanthropist.



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