|
|
|
New Orleans judges seek review of court fees conflict ruling
Headline Legal News |
2019/09/10 16:47
|
State criminal court judges in New Orleans have asked a federal appeals court to reconsider its finding that they have a conflict of interest when deciding whether some defendants can pay fines and fees.
The fines and fees in question partially fund expenses of the New Orleans Criminal District Court.
The 5th U.S. Circuit Court of Appeals last month upheld a federal district judge who said the New Orleans judges must provide a “neutral forum” for determining whether a defendant can pay. The judges have asked, in a filing dated Friday, that the court grant a rehearing in the case. It’s unclear when the appeals court will rule on the request.
|
|
|
|
|
|
|
Dubai ruler, princess in London court over welfare of kids
Headline Legal News |
2019/07/30 15:36
|
A dispute between the ruler of Dubai and his estranged wife over the welfare of their two young children will play out over the next two days in a London courtroom amid reports the princess has fled the Gulf emirate.
The case beginning Tuesday in Britain's High Court pits Sheikh Mohammed bin Rashid Al Maktoum against Princess Haya, daughter of the late King Hussein of Jordan.
The princess is believed to be in Britain, where she owns a gated mansion.
The clash between Sheikh Mohammed and Princess Haya is the latest sign of trouble in Dubai's ruling family. Last year, a daughter of Sheikh Mohammed tried to flee Dubai after appearing in a 40-minute video saying she had been imprisoned. |
|
|
|
|
|
|
High court rejects appeal of killer of 4 people in Omaha
Headline Legal News |
2019/07/20 19:06
|
The Nebraska Supreme Court on Friday upheld the convictions and death sentence of a man who killed four people in Omaha, seemingly at random, shortly after his release from prison in 2013.
Nikko Jenkins pleaded no contest in 2014 to four counts of first-degree murder and multiple weapons counts for three separate, deadly attacks around Omaha. He was sentenced to death in 2017 after years of delays over concerns regarding his mental health. The high court’s opinion addressed combined direct appeals on Jenkins’ behalf.
Among the arguments Jenkins’ attorneys made is that the trial court abused its discretion in accepting his no-contest pleas in a death penalty case. In a no-contest plea, a defendant does not admit guilt, but concedes there is enough evidence for a conviction. The plea has the same effect as a guilty plea.
The Douglas County Public Defender office also argued that the court was wrong to allow Jenkins to represent himself and that, because it believes Jenkins is mentally ill, sentencing him to death violated the U.S. Constitution’s prohibition on cruel and unusual punishment. |
|
|
|
|
|
|
DeVaney sworn in to South Dakota Supreme Court
Headline Legal News |
2019/05/24 21:41
|
Patricia DeVaney has been sworn in as South Dakota's newest Supreme Court justice.
DeVaney took her oath of office in the state's Capitol Rotunda in Pierre Thursday, steps away from the Attorney General's Office where she spent much of her career.
Republican Gov. Kristi Noem highlighted DeVaney's work as an assistant attorney general prosecuting one of South Dakota's serial killers, Robert Leroy Anderson. The Rapid City Journal says Noem also highlighted DeVaney's work defending the constitutionality of South Dakota's laws requiring "informed consent" prior to an abortion.
DeVaney remained with the Attorney General's Office until 2012, when former-Gov. Dennis Daugaard appointed her to South Dakota's 6th Judicial Circuit. She fills the seat vacated by Justice Steven Zinter, who died unexpectedly last October. |
|
|
|
|
|
|
Wisconsin court says gun site not liable in spa shooting
Headline Legal News |
2019/05/01 16:16
|
The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.
The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.
Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.
The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.
According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.
The lawsuit filed in 2015 alleged Armslist’s operators should have known that the design of the site enabled illegal gun purchases. But Chief Justice Pat Roggensack, writing for the majority, said Tuesday that if a website’s features can be used lawfully the act immunizes the operators from liability when third parties use the sites unlawfully. Therefore all that’s left is to consider the site a publisher, triggering immunity under the act, she said.
“Regardless of Armslist’s knowledge or intent, the relevant question is whether (the) claim necessarily requires Armslist to be treated as the publisher or speaker of third-party content,” Roggensack wrote. “Because it does, the negligence claim must be dismissed.”
Justice Ann Walsh Bradley was the lone dissenter. She accused the majority of allowing Armslist to hide behind the federal law and called the decision a “manufactured interpretation” of the lawsuit’s arguments. |
|
|
|
|
|
|
Court: $700M judgment against North Carolina still unpaid
Headline Legal News |
2019/03/08 01:49
|
A North Carolina judge has affirmed that a court judgment issued more than 10 years ago stating school districts are owed over $700 million in civil penalties from several state agencies is still nearly all unpaid.
The order signed Wednesday by Wake Superior Court Judge Vince Rozier ends a lawsuit filed last summer by the North Carolina School Boards Association and many local boards.
But Rozier's ruling makes clear he can't direct how and when the General Assembly should pay because of constitutional limitations. The school districts hope the new litigation will revive efforts to get lawmakers to repay the $730 million.
At issue were fees collected by agencies for late tax payments, overweight vehicles and other items that never got forwarded to schools, as the state constitution required.
|
|
|
|
|
|
|
High court rules for retired US marshal in W.Va. tax dispute
Headline Legal News |
2019/02/15 17:32
|
The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court. |
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
