Supreme Court agrees to take up Colorado gay wedding case
Legal Topics | 2017/06/25 23:15
The Supreme Court has agreed to decide whether private businesses have the right to decline to provide services for gay weddings due to religious objections to participating in such ceremonies.

The justices announced Monday that they will hear a case presented by a Colorado bakery owner who claims his rights to free exercise of religion and free speech were violated when he was found to have run afoul of a state anti-discrimination law by turning down a gay couple’s order for a wedding cake in 2012.

The appeal by Masterpiece Cakeshop and its owner Jack Phillips, expected to be argued this fall, is the court’s first significant foray into the issue of gay rights since the landmark 2015 ruling that the Constitution requires states to recognize same-sex marriage.


Ronaldo summoned to court, Mourinho accused of tax fraud
Legal Topics | 2017/06/20 16:43
Cristiano Ronaldo has been summoned to appear before a Spanish judge, and Jose Mourinho could be next.

Ronaldo and Mourinho are the latest members of the soccer elite to be accused of tax fraud in Spain. Lionel Messi and Javier Mascherano, among others, have already been convicted.

On Tuesday, Ronaldo was told to appear in court on July 31, while Mourinho was accused by a state prosecutor of defrauding Spain's Tax Office of 3.3 million euros ($3.7 million).

Ronaldo, who is in Russia at the Confederations Cup with Portugal's national soccer team, has played in Spain for Real Madrid since 2009. The 54-year-old Mourinho was Real Madrid coach from 2010-13. He now is the coach of English club Manchester United.

The cases are about the profits made from image rights, not salaries from their clubs. Real Madrid and Man United are not directly involved.

Both Ronaldo and Mourinho are represented by Portuguese agent Jorge Mendes. Atletico Madrid striker Radamel Falcao and Real Madrid defender Fabio Coentrao, who have also been accused of tax fraud in Spain, are also clients of Mendes.

A request for comment from Mendes' agency, Gestifute, was not immediately answered.

Last week, Ronaldo was accused by a state prosecutor of four counts of tax fraud totaling 14.7 million euros ($16.5 million). The Portugal forward is now under official investigation and will have to appear in the Pozuelo de Alarcon court No. 1 on July 31. A judge will then decide if they are grounds to charge him with a crime.

The prosecutor said last Tuesday that there was evidence that Ronaldo used a shell company in the Virgin Islands to hide the money he had made from image rights. Ronaldo has denied any wrongdoing.

The accusations against Ronaldo have caused speculation in Portugal and Spain that he is now considering leaving the country to play elsewhere.

The summoning of Ronaldo coincided with the same Madrid-based prosecutor's office accusing Mourinho of two counts of tax fraud.


After jury deadlocks, Bill Cosby faces 2nd sex assault trial
Legal Topics | 2017/06/17 23:44
Bill Cosby, the comedian and actor once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago.

Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days.

Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision.

"She has shown such courage through this, and we are in awe of what she has done," Steele said. "She's entitled to a verdict in this case." Cosby's team declared victory, however temporary.

By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault.

Constand told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges.

Constand is ready to go to trial again, said her lawyer, Dolores Troiani. "She's a very spiritual woman, she believes things happen for a purpose, and I think the purpose is ... it should encourage other women to come forward and have their day in court."

Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details. The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. Cosby's team immediately went on the attack.

The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media.

"How do I describe the judge? Overtly arrogant, collaborating with the district attorney," said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby.

Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star's "power is back. It has been restored." That seemed debatable.

Cosby's career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution's decision to pursue a second trial keeps him in legal limbo.


The Latest: Suspect in 36 fire deaths appears in court
Legal Topics | 2017/06/09 19:54
A man who leased the Oakland warehouse where 36 people died in a massive fire appeared briefly in court on charges of involuntary manslaughter.

Derick Almena had been expected to enter a plea Thursday but his attorney asked to delay the arraignment.

A judge ordered the 47-year-old Almena to return June 15 when co-defendant Max Harris is expected to make his first appearance on the same charges.

Officials say the warehouse was illegally turned into living spaces and an unpermitted concert was held there on the night of the fire in December.

Almena's attorney Jeffrey Krasnoff said his client is being used as a scapegoat and plans to fight the charges. Harris doesn't have an attorney yet.


Philippine lawmakers ask top court to nullify martial law
Legal Topics | 2017/06/04 22:49
Philippine opposition lawmakers petitioned the Supreme Court on Monday to review and nullify President Rodrigo Duterte's imposition of martial law in the southern third of the country.

The petition filed by six House lawmakers led by Rep. Edcel Lagman said there was no revolution or invasion where public safety required the declaration of martial law and suspension of the writ of habeas corpus. It said the proclamation contained "fatal inaccuracies and falsities."

The petitioners said congressional leaders and the majority of lawmakers allied with Duterte were derelict in their constitutional duty by refusing to convene a joint session of Congress to vote whether to revoke the martial law proclamation.

Duterte made the declaration May 23 after extremists allied with the Islamic State group laid siege to Marawi city. The declaration lasts through mid-July but could be extended with the consent of Congress.

The martial law proclamation said the militants openly attempted to remove that part of the country from its allegiance to the Philippine government by taking over a hospital, establishing several checkpoints in the city, burning down certain government and private facilities, and flying the flag of the Islamic State group in several areas.

But the petitioners said the military acknowledged the conflict in Marawi was precipitated by an attempt by troops to capture Isnilon Hapilon, a high-profile militant commander. They also said the claim that militants took over a hospital and Duterte's claim that a local police chief was decapitated both turned out to be wrong.


Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Legal Topics | 2017/06/03 18:07
Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.

The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.

"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."

Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.

Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."

"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."

Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.


Family of Colorado man killed by police settles lawsuit
Legal Topics | 2017/05/22 06:23
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.

The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.

Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.

Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.

The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.

A court filling from this week does not show the terms of the settlement.


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