Trump closes in on Supreme Court pick; 3 judges top list
Areas of Focus | 2018/07/06 18:03
President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy.

Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly.

Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix.

With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort.

Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned.

The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.


Top Texas court says condemned inmate not mentally disabled
Areas of Focus | 2018/06/07 16:00
Texas' highest criminal court narrowly ruled Wednesday that a death row inmate is mentally capable enough to execute, despite a U.S. Supreme Court ruling that his intellectual capacity had been improperly assessed and agreement by his lawyer and prosecutors that he shouldn't qualify for the death penalty.

In a 5-3 ruling with one judge not participating, the Texas Court of Criminal Appeals said it reviewed the case of convicted killer Bobby James Moore under guidance from the Supreme Court's March 2017 decision and determined that Moore isn't intellectually disabled based on updated standards from the American Psychiatric Association.

"It remains true under our newly adopted framework that a vast array of evidence in this record is inconsistent with a finding of intellectual disability," the Texas court's majority wrote. "We conclude that he has failed to demonstrate adaptive deficits sufficient to support a diagnosis of intellectual disability."

The Supreme Court last year said the state court used outdated standards to reach its earlier decision on Moore. In a lengthy dissent joined by judges Bert Richardson and Scott Walker, Judge Elsa Alcala wrote that the majority got it wrong. "The majority opinion's assessment of the evidence in this record is wholly divorced from the diagnostic criteria that it claims to adhere to," she wrote.

The ruling came despite Harris County prosecutors telling the court they believed Moore is mentally disabled and shouldn't be found eligible for the death penalty. Cliff Sloan, who argued Moore's case before the Supreme Court, said Wednesday's ruling was "inconsistent" with the high court's decision.



Program offering chance to avoid prison has 1st graduates
Areas of Focus | 2018/05/12 02:39
A program out of Chicago’s federal court building designed to give non-violent suspects a chance to stay out of prison has held its first graduation.
It’s a pretrial diversionary program emphasizing teamwork and counseling on living constructive, crime-free lives.

A statement from the U.S. District Court for northern Illinois says five participants whose alleged crimes ranged from computer fraud to drug possession graduated at a ceremony Thursday. Successful completion keeps participants out of prison. It can lead to reductions of felonies to misdemeanors and even to dismissal of charges.

Participants can’t have felony records. They attend bi-monthly court sessions for up to two years. Judges, prosecutors and defense attorneys help oversee the program. It’s called Sentencing Options that Achieve Results, or SOAR for short. It was established in 2016.


Court: Skechers shoe nearly identical to Adidas icon
Areas of Focus | 2018/05/11 02:40
A U.S. appeals court says a shoe made by American footwear giant Skechers is nearly identical to an iconic Adidas shoe and would likely confuse consumers about the manufacturers.

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday upheld a lower court ruling blocking Skechers from selling its Onix shoe.
Adidas argued in a lawsuit that the Onix was a rip-off of its Stan Smith tennis shoe.

The 9th Circuit judges said the shoes had only minor differences, and there was evidence that Skechers intended to confuse consumers.
A spokeswoman for Skechers, Jennifer Clay, said the company does not comment on pending litigation.
The 9th Circuit allowed Skechers to sell its Cross Court shoe, saying Germany-based Adidas failed to show irreparable harm from the sale of that footwear.


Court upholds convictions of 2012 Ron Paul campaign staffers
Areas of Focus | 2018/05/10 02:41
A federal appeals court on Friday upheld the convictions of three top staffers on Ron Paul's 2012 presidential campaign who were found guilty of arranging for money to be funneled through a vendor to an influential Iowa state senator who dropped his support for another Republican candidate in favor of Paul.

Campaign chairman Jesse Benton, campaign manager John Tate and deputy campaign manager Dimitri Kesari were convicted in 2016 of causing false records to be filed, causing false campaign expenditure reports, engaging in a false statements scheme and conspiring to commit the offenses. Kesari was sentenced to three months in prison while the other two got probation. They have completed their sentences but are seeking to clear the felony convictions from their records.

The three argued that they broke no laws when they paid a video production company, which passed on $73,000 to then-Iowa state Sen. Kent Sorenson, who withdrew his support from Michele Bachmann and backed Paul six days before the 2012 Iowa caucuses. Sorenson also was convicted in the scheme and sentenced to 15 months in prison. He was released in April.


Maryland redistricting case comes before Supreme Court
Areas of Focus | 2018/03/24 02:32
The Supreme Court is taking up its second big partisan redistricting case of the term amid signs the justices could place limits on drawing maps for political gain.

The justices are hearing arguments Wednesday in an appeal filed by Republicans in Maryland. They complain that Democrats who controlled the state government in 2011 drew a congressional district for the express purpose of ousting the Republican incumbent and replacing him with a Democrat.

In Wisconsin, Democrats are challenging legislative districts drawn by Republicans statewide. Those districts gave Republicans a huge majority in a state that otherwise is closely divided between the parties.

The Supreme Court has never struck down districts for being too partisan.

A decision in favor of opponents of partisan gerrymandering could cut into the political power of the dominant party in states in which one party controls the state government.

The court is expected to issue decisions in both cases by late June.

Maryland's 6th Congressional District had been centered in rural, Republican-leaning northwestern Maryland and had elected a Republican to Congress for 20 years. Incumbent Rep. Roscoe Bartlett won re-election in 2010 by 28 percentage points.

But in the 2011 redistricting, Democrats altered the district to take in some Democratic suburbs of Washington, D.C. The new district had 62,000 fewer Republicans and 33,000 more Democrats. Bartlett lost the 2012 election by 21 percentage points.

Republican voters who sued over the changes said the state violated their First Amendment rights.

Maryland Attorney General Brian Frosh, a Democrat, is defending the district as competitive for both parties. Frosh said the district has elected a moderate Democrat, and in 2014, a friendlier year for Republican candidates, the victory margin of Democratic Rep. John Delaney dropped to less than 2 percentage points, though it rose again in 2016.



Randle, an enforcer on the court, is a gentle giant elsewhere
Areas of Focus | 2018/03/19 02:33
Nick Young and Jordan Clarkson were not scheduled to speak at Julius Randle’s wedding. It was an elegant affair, bathed in white roses to celebrate a love that began almost instantly when Randle met Kendra Shaw at a friend’s party in college.

The friend who introduced them spoke at the reception. A coach who grew to be like a brother to Randle spoke. So did some childhood friends.

Then Young and Clarkson, lubricated by wedding wine and the firm belief that the wedding guests expected their shenanigans, got an idea. They loved Randle. The people needed to hear them, they presumed. Together, they took the microphone.

Clarkson, then Randle’s teammate with the Lakers, declared he couldn’t stand Randle when they first met. Randle’s punishing style of play in high school irked Clarkson’s friends who played against him back in Texas. Just as Randle’s mother reared up to protect her sweet baby boy, Clarkson finished, saying as he got to know Randle as part of the same Lakers rookie class in 2014, he learned Randle would do anything for his friends and loved ones.



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