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Court rules man treated for mental illness can have a gun
Criminal Law |
2016/09/15 15:23
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Candidate filing begins Monday for appeals court seat
Criminal Law |
2016/07/12 12:10
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Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.
The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.
Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.
The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.
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Police union defends ex-officer in black musician's death
Criminal Law |
2016/06/05 00:06
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The police union defended a former officer charged in the fatal shooting of a legally armed black man, saying they believe the officer identified himself before the confrontation.
Former Palm Beach Gardens officer Nouman Raja has been charged with manslaughter and attempted murder in the Oct. 18 death of Corey Jones. Raja's bail was set at $250,000 during his first court appearance Thursday.
Palm Beach County Police Benevolent Association President John Kazanjian said the union believes Raja, who was fired after the shooting, identified himself before confronting Jones on an Interstate 95 ramp before dawn.
Charging documents said Raja, who was investigating a string of auto burglaries, did not identify himself before opening fire. He was driving an unmarked cargo van with no police lights and was in civilian clothes: a tan T-shirt, jeans, sneakers and a baseball cap, the documents said.
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Court declines stay in redistricting; Congress elections off
Criminal Law |
2016/02/17 09:56
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The U.S. Supreme Court refused Friday night to stop a lower-court order demanding North Carolina legislators draw a new congressional map, meaning House primary elections won't occur next month as scheduled and are shifted to June.
The denial of the request by state of North Carolina attorneys for the justices to intervene came just hours after Republican lawmakers meeting in Raleigh voted for redrawn boundaries as a safeguard to comply with a federal court ruling that called two majority black districts racial gerrymanders. A new congressional elections calendar also was approved.
The General Assembly reconvened and passed a new map because a three-judge panel had ordered a replacement by Friday.
State attorneys argued that absentee ballots already were being requested for the March 15 primary election, and blocking districts used since 2011 would create electoral chaos and a costly separate House primary later in the year. But voters who sued over the boundaries said they shouldn't have to vote in illegal districts for another election cycle, like in 2012 and 2014.
The refusal — a one-sentence decision that said Chief Justice John Roberts had referred the request to the entire court — means the congressional primary elections will now occur June 7 under new boundaries that put two incumbents in the same district and seriously jeopardize the re-election of Democratic Rep. Alma Adams, who is now living in a strong Republican district.
Mollie Young, a spokeswoman for GOP House Speaker Tim Moore, said the legislative leaders' attorneys would review the decision before making a comment.
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NY court agrees to rehear Ex-Goldman board member's appeal
Criminal Law |
2016/02/04 11:20
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A federal appeals court in New York has agreed to rehear the appeal of the insider-trading conviction of a former board member for Goldman Sachs and Proctor & Gamble.
The 2nd U.S. Circuit Court of Appeals on Thursday issued an order saying it will rehear the claims of Rajat Gupta (rah-JAHT' GOOP'-tah). His lawyers say his 2012 conviction on conspiracy and securities fraud charges should be tossed because he was innocent and the jury was improperly instructed.
His attorney Gary Naftalis says he is pleased with the court's ruling and believes there are meritorious issues to present on appeal.
The 57-year-old Gupta is confined to his Westport, Connecticut, home. He won't be formally finished serving a two-year prison sentence until next month.
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Rome court acquits ex-Vatican accountant of corruption
Criminal Law |
2016/01/14 23:57
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A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption.
Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to smuggle 20 million euros (about $22 million) from Switzerland into Italy to evade taxes. They suspected the money was deposited in Switzerland to avoid Italian taxes.
Defense lawyer Silverio Sica says Scarano was acquitted of the corruption charge on Monday. According to Sica, the court convicted Scarano of slander and gave him a suspended two-year sentence.
Separately, Scarano is on trial in Salerno, Italy, for allegedly using his Vatican bank accounts to launder money. Italian prosecutors said the once highly-secretive Vatican bank amply cooperated in that case.
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High Court rules against Northern Ireland's abortion law
Criminal Law |
2015/12/02 22:19
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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