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Court rules man treated for mental illness can have a gun
Opinions |
2016/09/15 21:01
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Candidate filing begins Monday for appeals court seat
Opinions |
2016/07/10 16:40
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Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.
The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.
Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.
The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.
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High court seems poised to overturn McDonnell conviction
Opinions |
2016/05/03 03:22
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The Supreme Court on Wednesday seemed poised to overturn the conviction of former Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.
Justices across the ideological spectrum expressed major concerns that the laws give prosecutors too much power to criminalize the everyday acts that politician perform to help constituents.
Chief Justice John Roberts said it was "extraordinary" that dozens of former White House attorneys from Democratic and Republican administrations submitted legal papers saying that upholding McDonnell's conviction would cripple the ability of elected officials to do their jobs.
"I think it's extraordinary that those people agree on anything," Roberts said.
Justice Breyer said the law presents "a real separation of powers problem" and "puts at risk behavior that is common."
"That's a recipe for giving the Department of Justice and prosecutors enormous power over elected officials," Breyer said.
McDonnell, who was in the courtroom with his wife Maureen to watch the arguments, was convicted in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement.
At issue is a federal law that bars public officials from accepting money or gifts in exchange for "official acts." The court is expected to clarify what distinguishes bribery from the routine actions that politicians often perform as a courtesy to constituents.
But the justices struggled over how to draw that line. Both Roberts and Breyer suggested the bribery law could be considered unconstitutionally vague. |
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US House staffers subpoenaed by federal court
Opinions |
2016/04/09 06:43
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Four congressional staffers have told the U.S. House that they've been subpoenaed by the federal court in Springfield, Illinois, where a grand jury is conducting a probe into the spending of former U.S. Rep. Aaron Schock.
The financial chief for the House, Traci Beaubian, and three other staff members wrote letters notifying the chamber about the subpoenas that were read on the House floor Monday, the Chicago Tribune reported based on House records noting the letters were received and video of the letters being read. The letters did not mention the subject of the subpoenas.
Schock, the one-time rising GOP star from Peoria, came under intense scrutiny in early 2015 for his spending, including redecorating his office in the style of TV's "Downton Abbey." He left office in March 2015 amid questions about congressional and campaign spending.
He has since been issued at least two grand jury subpoenas seeking campaign and congressional records. FBI agents also have removed boxes and other items from his central Illinois campaign office.
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Lawyer: US citizen charged in UN case to plead guilty
Opinions |
2016/03/18 07:24
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A defense lawyer says a U.S. citizen charged in the United Nations bribery case will plead guilty Wednesday to charges.
Attorney Brian Bieber said Monday that Francis Lorenzo will plead guilty to three charges. Lorenzo is a suspended ambassador from the Dominican Republic who was arrested in the fall.
The plea comes in a case that resulted in the arrest of a former president of the U.N. General Assembly and a billionaire Chinese businessman.
Bieber says Lorenzo will plead guilty to conspiracy to commit bribery, conspiracy to commit money laundering and filing a false tax return.
Bieber says his client decided to plead guilty after reviewing the government's evidence. He says it led him to "accept responsibility for his role in the criminal conspiracies committed by him and his co-defendants."
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Man accused of terrorism charge with fiancée pleads guilty
Opinions |
2016/03/13 22:58
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In fresh details provided as a young Mississippi man pleaded guilty to a terrorism-related charge, federal prosecutors said his fiancée led him toward a plan to travel to Syria to join the Islamic State.
Muhammad Dakhlalla, 23, pleaded guilty Friday in Aberdeen to providing material support to terrorism and faces up to 20 years in prison, $250,000 fines and lifetime probation. U.S. District Judge Sharion Aycock hasn't set his sentencing date yet.
His fiancée, Jaelyn Delshaun Young, is set for trial June 6 before Aycock. Plea agreements typically require cooperation with federal prosecutors, so Dakhlalla's plea makes it likely that he would testify against Young if a trial proceeds.
Both remain jailed without bail in Oxford.
A five-page statement of facts added new details about Young's conversion to Islam and her influence on Dakhlalla, who had been raised as a Muslim. The pair at one point planned to claim they were going on their honeymoon while traveling to Syria.
Young, a sophomore chemistry major at Mississippi State University at the time of her arrest, is the daughter of a school administrator and a police officer who served in the Navy reserve. She was a former honor student, cheerleader and homecoming maid at Vicksburg's Warren Central High School.
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High court to hear arguments in Va. redistricting case
Opinions |
2016/02/02 00:41
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The U.S. Supreme Court will soon hear arguments in the case over Virginia's congressional map.
The Richmond Times-Dispatch reports that arguments before the high court have been set for March 21.
The court has agreed to take up an appeal by Republicans in Virginia's congressional delegation. They're asking the court to reverse a decision by a three-judge panel that said lawmakers in 2012 illegally packed too many black voters into the 3rd Congressional District.
The new map could help Democrats win the 4th Congressional District, represented by Republican Rep. Randy Forbes
Republicans have also asked the U.S. Supreme Court to put a new congressional map for Virginia on hold and allow the 2016 elections to proceed under the old boundaries.
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