Schimel asks Supreme Court to block Evers' request
Attorney News | 2017/12/12 17:04
Wisconsin Attorney General Brad Schimel is asking the state Supreme Court to block state Superintendent Tony Evers from getting his own attorney in a lawsuit challenging his office's powers.

Schimel late Monday asked the court to reject Evers' request to disqualify Schimel from representing him.

Evers doesn't want Schimel representing him because the Republican attorney general agrees with the position taken by a conservative law firm in a lawsuit against Evers. The lawsuit alleges that Evers is in violation of a recently passed state law giving the governor oversight powers in the agency rule-making process.

Schimel says in his court filing that he has a duty to represent Evers and the Department of Public Instruction in the case, but Evers could hire his own personal attorney if he wishes.



UK banker back in Hong Kong court for murder appeal
Attorney News | 2017/12/12 01:04
A British banker sentenced to life in prison for the gruesome slayings of two Indonesian women appeared in a Hong Kong court on Tuesday to appeal his conviction.

Lawyers for Rurik Jutting made their case in the semiautonomous Chinese city's Court of Appeal, arguing that the trial judge gave incorrect instructions to the jury on deciding their verdict.

The nine-person jury last year convicted Cambridge University-educated Jutting of the 2014 killings of Seneng Mujiasih, 26, and Sumarti Ningsih, 23.

The case shocked residents of Hong Kong, while also highlighting wide inequality and seedy aspects usually hidden below the surface.

Jutting, 32, watched the proceedings from the dock Tuesday, wearing a blue dress shirt and often leafing through a bundle of court documents as he followed along. During a break he chatted with the three uniformed court officers sitting alongside him.

Jutting worked for Bank of America-Merrill Lynch, while Seneng and Sumarti arrived in Hong Kong as foreign maids but ended up as sex workers. During the trial, jurors were shown graphic iPhone videos shot by Jutting of him torturing Sumarti and snorting cocaine.

Jutting attempted at the trial to plead guilty to manslaughter, which the court rejected. His defense argued that he was under diminished responsibility.

On Tuesday, lawyer Gerard McCoy told the three-judge appeal panel that the trial judge made a "fatal error" in his directions to the jurors on how to assess Jutting's psychiatric disorders and whether they constituted a mental abnormality.

Under Hong Kong law, an "abnormality of mind" that substantially impairs mental responsibility can be used as a defense against a murder conviction.


Supreme Court declines gay rights work discrimination case
Court Watch | 2017/12/11 05:09
The Supreme Court is leaving in place a lower court ruling that a federal employment discrimination law doesn't protect a person against discrimination based on their sexual orientation.

The court on Monday declined to take up the question of whether a law that bars workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation.

President Barack Obama's Equal Employment Opportunity Commission took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation. Federal appeals courts are split on the issue. That means the issue is likely to come to the court again.

The case the Supreme Court declined to take involved Jameka Evans, a gay woman who worked as a hospital security officer in Georgia. Lower courts said she couldn't use Title VII to sue for discrimination.

The Supreme Court didn't explain why it was declining to hear the case. But the hospital where Evans worked, Georgia Regional Hospital, told the court there were technical legal problems with the case.


Idaho man upset with court tries to crash into courthouse
Court Watch | 2017/12/10 01:10
Authorities say an Idaho man tried to crash a car into a courthouse in downtown Boise because he was upset with the court system.

The Ada County Sheriff's office says 37-year-old Jonathan Joseph Locksmith drove toward the courthouse in the state's capital city Sunday morning.

According to authorities, Locksmith apparently made it onto the courthouse plaza in the car, spinning it around in a "doughnut" before landing the vehicle in a fountain. There were no injuries reported.

Locksmith has been arrested on a misdemeanor reckless driving charge and is now in jail.  It's unclear if he has an attorney.

The sheriff's office says Locksmith told a passer-by that he was upset with the court system and wanted to be arrested to go back to jail.




Court reverses itself and restores woman's murder conviction
Court Watch | 2017/12/10 01:10
Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.


Updated travel ban is headed back to a federal appeals court
Areas of Focus | 2017/12/08 01:11
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.


Supreme Court won't hear dispute involving NC TV network
Legal Interview | 2017/12/08 01:10
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.

The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.

Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.


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