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California court blocks pardon of man who killed at age 14
Court Watch |
2018/12/16 02:34
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In a rare step, the California Supreme Court has blocked Gov. Jerry Brown’s attempt to issue a pardon to a 37-year-old Cambodian refugee who killed a woman when he was 14 years old.
The court gave no reason for the rejection, but earlier noted it only had the authority to do so in the case of an “abuse of power.” Brown’s pardon would have effectively stopped Borey Ai’s deportation to Cambodia, a nation where his mother was born but he has never seen.
The governor in the last 10 months has pardoned seven ex-convicts who otherwise faced the threat of deportation to Cambodia, drawing the ire of President Donald Trump, whose administration has stepped up efforts to deport immigrants with criminal convictions.
It takes at least four votes of the seven justices to block pardons. The unsigned ruling Wednesday didn’t say how many justices voted to block the pardon. The governor is required to obtain the court’s approval for pardons and sentence commutations for twice-convicted felons.
Appellate lawyer David Ettinger said it appears the last time the court rejected a governor’s pardon occurred in 1930.
A spokesman for the governor, Brian Ferguson, declined comment.
Ai was charged as an adult and convicted in Santa Clara County 1997 of second-degree murder and also of a separate robbery. He was sentenced to 25-years-to-life in prison. |
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Man accused of killing tourist appears in New Zealand court
Court Watch |
2018/12/11 02:48
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A man accused of killing 22-year-old British tourist Grace Millane made his first appearance in a New Zealand court Monday.
The 26-year-old man stared at the ground while a judge addressed him during the brief appearance at the Auckland District Court. The man has not yet entered a plea on murder charges and the court has temporarily blocked his name from being published.
Millane's father, David Millane, traveled to New Zealand last week after his daughter vanished, and Judge Evangelos Thomas addressed him and other family members.
"I don't know what to say to you at this time, but your grief must be desperate," he said, according to television station Three. "We all hope justice will be fair and swift and ultimately bring you some peace."
The case has riveted people both in Britain and New Zealand.
Described by her father as fun-loving and family-oriented, Millane had been traveling in New Zealand as part of a planned yearlong trip abroad that began in Peru. She went missing Dec. 1 and failed to get in touch with her family on her birthday the next day, or on the days that followed, which alarmed them.
Before she vanished, Millane had been staying at a backpacker hostel in Auckland and left some of her belongings there. Detective Inspector Scott Beard said she met a man for a couple of hours in the evening before surveillance cameras showed them entering the CityLife hotel at about 9:40 p.m.
A week after Millane disappeared, police detained a man for questioning and later charged him with murder. |
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Supreme Court won't hear Planned Parenthood case
Court Watch |
2018/12/10 18:47
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The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.
Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.
Investigations sparked by the videos in several states didn't result in criminal charges.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.
It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.
Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.
The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state. |
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Mexico president blasts 'stratospheric' supreme court wages
Court Watch |
2018/12/09 02:48
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The Mexican president is butting heads with the Supreme Court just one week into office after judges suspended a law that would cap public sector salaries, one of his key campaign promises.
President Andres Manuel Lopez Obrador accused the judges of looking after their own pocketbooks and of failing to grasp the "new reality" that his administration represents. The salary cuts are part of a rebalance in government that aims to raise wages for lower income workers while chopping those of top officials.
"They themselves decide that they are going to keep receiving exaggerated, stratospheric salaries - salaries of up to 600,000 pesos ($29,000) a month - those who impart justice," Lopez Obrador complained to reporters Saturday, before repeating one of his favorite mantras: "There can't be a rich government with a poor people."
The freeze throws into question the government's 2019 budget plans, which are due on Dec. 15. The suspension is pending a definitive ruling by the court.
The Mexican Congress decreed in November that, with few exceptions, no public employee should earn more than the president. Lopez Obrador's Morena party has a majority in both houses of Congress. The National Human Rights Commission then asked the court to review the law, saying it appeared to violate the constitution. |
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'Magic' campaign lands 17 black women on Houston courts
Court Watch |
2018/11/10 22:46
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The Houston area's courts are going to be a lot more diverse thanks to a group of 17 African-American women and their "magic."
The women, who were part of an effort dubbed the "Black Girl Magic" campaign, all won races Tuesday to be judges in various Harris County courts in an election that featured more black women on the county's ballot than any other.
The "Black Girl Magic" campaign debuted over the summer with a viral photo that featured the 17 women and two other sitting Harris County judges inside a courtroom. Although those two judges lost their bids Tuesday for seats on the Texas Court of Criminal Appeals, they will retain their local judgeships.
Those behind the campaign say it was part of an effort to broaden the diversity of the Houston area's judiciary and ensure that more African-Americans and other minorities can bring their backgrounds and life experiences to the bench and better reflect the diversity of the nation's fourth largest city.
"I think that while Houston itself is one of the most diverse cities in the United States, our elected officials have not always reflected that," said Lillie Schechter, chair of the Harris County Democratic Party, which put together the "Black Girl Magic" campaign. "Having a government that reflects the people, the population is something that is incredibly important."
Lori Chambers Gray, a Houston defense attorney who won election to be a judge on a criminal district court, said the photo and the "Black Girls Magic" campaign provided her with a source of strength and motivation as she proceeded to Election Day.
"I hope that it's an example for women that we do have opportunities to run and to win a campaign," Gray said.
The "Black Girl Magic" moniker has been used as a hashtag in recent years to highlight the accomplishments of African-American girls and women. In politics, it's been used to highlight the role African-American women have played in helping decide various races, including the highly contested Senate race in Alabama last year in which Democrat Doug Jones beat Republican Roy Moore.
The victory by the 17 black women on Tuesday was part of a Harris County rout by the Democrats, who won almost all of the nearly 70 local judicial races and ousted a popular Republican from the county's top elected office. |
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Synagogue suspect at courthouse; survivors recall ordeal
Court Watch |
2018/10/27 12:24
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The man accused in the Pittsburgh synagogue massacre was released from a hospital and turned over to federal authorities for a court appearance Monday on charges he killed 11 people in what is believed to be the deadliest attack on Jews in U.S. history.
Robert Gregory Bowers, 46, who was shot and wounded in a gun battle with police, arrived at the federal courthouse in downtown Pittsburgh less than two hours after his release from Allegheny General Hospital, according to U.S. marshals. A government car with a wheelchair visible inside could be seen arriving earlier.
Federal prosecutors set in motion plans to seek the death penalty against Bowers, who authorities say expressed hatred of Jews during the rampage and later told police that "I just want to kill Jews" and that "all these Jews need to die."
The first funeral — for Cecil Rosenthal and his younger brother, David — was set for Tuesday. Survivors, meanwhile, began offering harrowing accounts of the mass shooting Saturday inside Tree of Life Synagogue. Barry Werber said he found himself hiding in a dark storage closet as the gunman tore through the building and opened fire.
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Colorado Supreme Court hears high-stakes oil and gas lawsuit
Court Watch |
2018/10/15 23:24
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An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.
A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.
The justices heard oral arguments in the high-stakes case but did not say when they would rule.
The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.
The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.
The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.
Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health. |
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