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 rejects case over Mississippi Confederate emblem
Attorney News | 2017/11/28 20:50
The Supreme Court on Monday rejected hearing a case that challenges the use of Confederate imagery in the Mississippi state flag.

Carlos Moore, an African-American attorney from Mississippi, argued that the flag represents "an official endorsement of white supremacy."

"The message in Mississippi's flag has always been one of racial hostility and insult and it is pervasive and unavoidable by both children and adults," Moore said in his court appeal.

"The state's continued expression of its message of racial disparagement sends a message to African-American citizens of Mississippi that they are second-class citizens."

The justices did not comment on their decision to decline Moore's appeal to have the flag ruled as an unconstitutional symbol of slavery, The Associated Press reported.

"We always knew it was a long shot," Moore told the news wire.

After a lower court rejected the lawsuit for lack of standing in April, Moore appealed the case to the Supreme Court on the grounds that the U.S. Court of Appeals for the Federal Circuit had given the 14th Amendment's Equal Protection Clause too narrow of an interpretation.


Court: Colorado county wrongly OK’d asphalt plant near homes
Attorney News | 2017/11/23 21:56
A Colorado court has overturned Weld County’s approval of a $20 million concrete and asphalt plant currently under construction, saying the county had evidence the plant would violate noise standards.

The Greeley Tribune reports the Colorado Court of Appeals ruled Wednesday the county commissioners improperly approved the Martin Marietta Materials plant near a residential neighborhood.

The site is also near an organic farm and a planned wedding venue along U.S. 34 between Greeley and Loveland.

Officials for Martin Marietta and Weld County said they were reviewing the decision before deciding their next steps. County commissioners approved the plant in August 2015 and neighbors filed suit a month later.

Construction began in October of 2015, and Martin Marietta regional vice president David Hagerman says the plant is nearly complete.



Steve Mostyn, Houston attorney and major Dem donor, dies
Attorney News | 2017/11/18 09:57
Steve Mostyn, a prominent Houston trial attorney and a top Democratic Party donor, has died. He was 46.

In a statement, his family confirmed Thursday his death on Wednesday "after a sudden onset and battle with a mental health issue."

"Steve was a beloved husband and devoted father who adored his children and never missed any of their sporting events," the statement reads. "He was a true friend, and a faithful fighter for those who did not have a voice."

"Steve touched countless lives. Many friends and colleagues in Texas and throughout the country have reached out during this painful time. Our family is requesting privacy . . . The details of a celebration of Steve's life will be announced at a later date."

"In honor of Steve's life and legacy,  please consider supporting the important work of the Mostyn Moreno Foundation or the Special Olympics of Texas. If you or a loved one are thinking about suicide, or experiencing a health crisis, call the National Suicide Prevention Lifeline right now."

Born John Steven Mostyn  in Whitehouse, a small town in East Texas, just southeast of Tyler, Mostyn graduated from the South Texas College of Law in 1996 and joined a Houston firm. Soon, he went on his own to create what he called "a uniquely different Texas law firm" -- Mostyn Law -- that focused on corporate negligence and wrongdoing.



Kenya court set to hear petitions challenging repeat vote
Attorney News | 2017/11/13 03:09
Kenya's Supreme Court is poised to hear petitions challenging President Uhuru Kenyatta's re-election in a repeat presidential poll.

The court made history when it nullified Kenyatta's re-election in August. It cited irregularities and illegalities in the vote count and the electoral commission's failure to allow scrutiny of its servers to dispel opposition leader Raila Odinga's claim of fraud. It then ordered a new vote.

There are concerns about intimidation after the court failed to find a quorum to consider a petition seeking to postpone the repeat presidential election on Oct. 26, a day after a bodyguard of one of the judges was shot.

Politician Harun Mwau and activists Njonjo Mue and Khelef Khalifa seek to nullify the Oct. 26 election, which Odinga boycotted citing lack of electoral reforms.



Trump choosing white men as judges, highest rate in decades
Attorney News | 2017/11/11 03:09
President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.

So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.

The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges.

That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.



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