Court: Congregation's display doesn't deserve tax exemption
Court News | 2017/11/30 20:19
A state appeals court says a Catholic congregation's stations of the cross display didn't qualify for a property tax exemption in 2014.

The St. Raphael's Congregation built the display in 2012 on the Madison property where the St. Raphael Cathedral once stood. The cathedral burned down in a 2005 fire.

The congregation sought a property tax exemption for tax year 2014, arguing state statutes at that time granted such exemptions on property necessary for locating church buildings.

A Madison judge denied the exemption. The 4th District Court of Appeals upheld that ruling Thursday, finding that a building must exist to trigger the exemption.

Legislators amended the statutes earlier this year to extend the exemption to property that churches intend to use for buildings to replace buildings destroyed by fire.


Court: Stress no grounds for rescinding guilty pleas
Court News | 2017/11/27 18:50
An appeals court in Chicago says a lower court in Indiana was right to refuse to permit a couple to rescind their guilty pleas in a tax case on grounds their prosecution caused them severe stress.

The 7th U.S. Circuit Court of Appeals said stress was common to anyone facing prosecution and wasn't sufficient reason to take back pleas. It added that neither George nor Barbara Gasich could claim they were under some "Napoleonic delusions" when they chose to plead guilty.

The Chicago Daily Law Bulletin reports the Gasiches were indicted in 2014 for making fraudulent claims. Prosecutors said they'd asked for $475,000 in refunds when they owed the IRS far more than that.

The Gasiches were formerly from St. John, Indiana, but lived in Florida when they were arrested.


Belgian court pushes back extradition hearing for 5 Catalans
Court News | 2017/11/21 05:57
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.

The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.

Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.

Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.

Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.



German Court: Kuwait Airways Can Refuse Israeli Passengers
Court News | 2017/11/16 19:04
A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.

The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.

The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.

An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.

The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.

The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.

The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.

Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."

Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.



High court to hear appeal in Newtown school shooting case
Court News | 2017/11/10 03:09
Lawyers are set to ask the Connecticut Supreme Court to reinstate a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school massacre.

Justices are scheduled to hear arguments Tuesday in an appeal by a survivor and relatives of nine people killed in the shooting.

They're trying to sue Remington Arms, the North Carolina company that made the Bushmaster AR-15-style rifle used to kill 20 first-graders and six educators at Sandy Hook Elementary School. Gunman Adam Lanza's mother legally purchased the rifle.

A lower court judge dismissed the lawsuit, saying federal law shields gun makers from most lawsuits over criminal use of their products.

The company denies the lawsuit's allegations that it violated state law by selling such a dangerous weapon to the public.


Illinois to require veterans courts across the state in 2018
Court News | 2017/10/30 15:31
A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.

The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.

Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.

Supporters say the program will help those who risked their lives for their country.

Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.

"I finally find myself enjoying things in life I've never enjoyed before," he said.

But some wonder if every community has the resources or the need for a court dedicated to veterans.

Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.

"We know that it may not be cost-effective for every county in the state to have one," she said.

Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.

The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.


Court, for now, blocks immigrant teen's access to abortion
Court News | 2017/10/21 18:51
An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.

The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."

The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.

She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.

Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.


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