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Federal lawyer gets 30 days for forging document
Legal Topics |
2016/04/22 17:22
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A U.S. Immigration and Customs Enforcement attorney was sentenced to 30 days in jail Wednesday for forging a document to make it look like a Mexican man who wanted to stay in the United States was not eligible to do so.
Jonathan M. Love was also sentenced to 100 hours of community service, must resign his law license and must pay Ignacio Lanuza $12,000 in restitution, Seattlepi.com reported. Love, 58, previously pleaded guilty to a federal deprivation of rights misdemeanor charge, acknowledging he used his position to deprive Lanuza of due process.
The U.S. Attorney's Office says Lanuza was stopped by an ICE officer in 2008, and ICE started removal proceedings.
Love was assigned the case in 2009 and submitted a document to the Immigration Court that he said was signed by Lanuza in 2000. Prosecutors say Love doctored the date to make Lanuza ineligible to have his removal cancelled.
Lanuza should have been eligible to contest his deportation because he had been living in the United States for over 10 years, showed good moral character and had a family made up of U.S. citizens. Love's forgery was meant to make it appear as though Lanuza hadn't been in the United States for 10 years and was therefore ineligible for deportation relief.
The motive for Love's actions remains unclear. He said in court Wednesday he didn't know why he did it.
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Court document: Newtown teacher carried loaded gun in school
Legal Topics |
2016/04/21 21:40
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Court documents show a Newtown middle school teacher who was arrested on a weapon possession charge was carrying a loaded .45-caliber pistol in a holster inside the school.
A Danbury Superior Court judge on Wednesday entered an initial not-guilty plea for 46-year-old Jason Adams before continuing the case to May 25.
Adams was arrested April 6 after a school employee saw the pistol and notified authorities.
Police say Adams had a valid pistol permit, but Connecticut state law prohibits possession of firearms on school grounds.
Adams was placed on administrative leave. He has not responded to messages left at his home.
Newtown Middle School is less than 2 miles from the site of the December 2012 shooting rampage at Sandy Hook Elementary School that killed 20 first-graders and six educators.
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High court nominee praises lawyers for helping the poor
Areas of Focus |
2016/04/20 21:40
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Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.
Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.
Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."
Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.
At those meetings, Garland has typically said nothing for public consumption.
His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.
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Court overturns Virginia school's transgender bathroom rule
Areas of Focus |
2016/04/18 21:40
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A Virginia high school discriminated against a transgender teen by forbidding him from using the boys' restroom, a federal appeals court ruled Tuesday in a case that could have implications for a North Carolina law that critics say discriminates against LGBT people.
The case of Gavin Grimm has been especially closely watched since North Carolina enacted a law last month that bans transgender people from using public restrooms that correspond to their gender identity. That law also bans cities from passing anti-discrimination ordinances, a response to an ordinance recently passed in Charlotte.
In the Virginia case, a three-judge panel of the 4th U.S. Circuit Court of Appeals — which also covers North Carolina — ruled 2-1 to overturn the Gloucester County School Board's policy, saying it violated Title IX, the federal law that prohibits discrimination in schools. A federal judge had previously rejected Grimm's sex discrimination claim, but the court said that judge ignored a U.S. Department of Education regulation that transgender students in public schools must be allowed to use the restroom that corresponds with their gender identity.
"We agree that it has indeed been commonplace and widely accepted to separate public restrooms, locker rooms, and shower facilities on the basis of sex," the court wrote in its opinion. "It is not apparent to us, however, that the truth of these propositions undermines the conclusion we reach regarding the level of deference due to the department's interpretation of its own regulations."
Maxine Eichner, a University of North Carolina law professor who is an expert on sexual orientation and the law, said the ruling — the first of its kind by a federal appeals court — means the provision of North Carolina's law pertaining to restroom use by transgender students in schools that receive federal funds also is invalid.
"The effects of this decision on North Carolina are clear," she said, adding that a judge in that state will have no choice but to apply the appeals court's ruling.
Other states in the 4th Circuit are Maryland, West Virginia and South Carolina. While those states are directly affected by the appeals court's ruling, Eichner said the impact will be broader.
"It is a long and well-considered opinion that sets out the issues," she said. "It will be influential in other circuits."
Appeals court Judge Paul V. Niemeyer, who was appointed to the appeals court by Republican President George H.W. Bush, wrote in a dissenting opinion that the majority's opinion "completely tramples on all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes."
The majority opinion was written by Judge Henry F. Floyd and joined by Judge Andre M. Davis, both appointees of Democratic President Barack Obama. The Richmond-based court was long considered the nation's most conservative federal appeals court, but a series of vacancies in the last few years has allowed Obama to reshape it. Including the two senior judges, the court now has 10 judges appointed by Democrats and seven by Republicans.
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Supreme Court rejects challenge to Google's online library
Court Watch |
2016/04/17 21:41
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The Supreme Court turned away a challenge Monday to Google's online book library from authors who complained that the project makes it harder for them to market their work.
The justices let stand lower court rulings in favor of Mountain View, California-based Google and rejected the authors' claim that the company's digitizing of millions of books amounts to "copyright infringement on an epic scale."
Lower courts have said that Google can provide small portions of the books to the public without violating copyright laws.
The Authors Guild and individual authors first filed their challenge to Google's digital book project in 2005. Google Inc. has made digital copies of more than 20 million books from major research libraries and established a publicly available search function.
In October, the 2nd U.S. Circuit Court of Appeals in New York agreed with a judge who concluded that Google was not violating copyright laws when it showed customers small portions of the books. The authors said the project would spoil the market for their work.
The appeals court said that Google's "snippet view, at best and after a large commitment of manpower, produces discontinuous, tiny fragments, amounting in the aggregate to no more than 16% of a book. This does not threaten the rights holders with any significant harm to the value of their copyrights or diminish their harvest of copyright revenue."
The three-judge appeals panel did acknowledge, though, that some book sales would likely be lost if someone were merely searching for a portion of text to ascertain a fact.
Writers involved in the lawsuit include Jim Bouton, author of the best-seller "Ball Four," Betty Miles, author of "The Trouble with Thirteen," and Joseph Goulden, author of "The Superlawyers: The Small and Powerful World of Great Washington Law Firms."
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Despite court ruling, China gay rights movement makes gains
Court Watch |
2016/04/16 06:42
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For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.
"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."
Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.
The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.
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Cosby asks court to reseal testimony about affairs, drugs
Areas of Focus |
2016/04/15 06:43
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Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.
Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.
Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
But the judges questioned that strategy, too.
The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.
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