Thursday, December 26, 2019

Connecticut courts moving notices from newspapers to website

The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience. Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper. It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers. “State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.” The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers. “It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move. Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.

Saturday, December 14, 2019

Trump Has Successfully Gamed the Courts

At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations. What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump. None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.

Thursday, December 5, 2019

Court sides with Congress in battle for Trump’s bank records

A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected. A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate. The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year. The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad. Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional.

Supreme Court to take up gun case today

The Supreme Court is turning to gun rights for the first time in nearly a decade, even though those who brought the case, New York City gun owners, already have won changes to the regulation they challenged. The justices’ persistence in hearing arguments today despite the city’s action has made gun control advocates fearful that the court’s conservative majority could use the case to call into question gun restrictions across the country. Gun rights groups are hoping the high court is on the verge of extending its landmark rulings from 2008 and 2010 that enshrined the right to have a gun for self-defense at home. For years, the National Rifle Association and its allies had tried to get the court to say more about gun rights, even as mass shootings may have caused the justices to shy away from taking on new disputes over gun limits. Justice Clarence Thomas has been among members of the court who have complained that lower courts are treating the Second Amendment’s right to “keep and bear arms” as a second-class right. The lawsuit in New York began as a challenge to the city’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits, either to a shooting range or a second home.

Sunday, November 17, 2019

Myanmar rejects court probe into crimes against Rohingyas

Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority. Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case. Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign. Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings. “It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw. The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation. Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.” The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.” However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.

Wednesday, November 6, 2019

Supreme Court considering whether Trump must open tax returns

California’s Supreme Court is considering Wednesday whether President Donald Trump must disclose his tax returns if he wants to be a candidate in the state’s primary election next spring. The high court is hearing arguments even though a federal judge already temporarily blocked the state law requiring presidential candidates to release their tax returns in order to be included in the state’s primary. The justices’ consideration comes the same week that a federal appeals court in New York ruled that Trump’s tax returns can be turned over to state criminal investigators there, although that ruling is expected to be appealed to the U.S. Supreme Court. The California Republican Party and chairwoman Jessica Millan Patterson filed the state lawsuit challenging Democratic Gov. Gavin Newsom’s signing in July of the law aimed at the Republican president. It’s a clear violation of the California Constitution, opponents argued, citing a 1972 voter-approved amendment they said guarantees that all recognized candidates must be on the ballot. Previously, “California politicians rigged the primary election, putting up ‘favorite son’ nominees for partisan political advantage,” they wrote, suggesting that Democratic lawmakers are doing the same thing now by different means.

Monday, October 21, 2019

Wikileaks founder Julian Assange loses bid to delay hearing

WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case. Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused. Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December. Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back. After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court. He said the case is not “equitable” because the U.S. government has “unlimited resources” while he doesn’t have easy access to his lawyers or to documents needed to prepare his battle against extradition while he is confined to Belmarsh Prison on the outskirts of London.

Monday, October 7, 2019

US Supreme Court to review Kansas’ lack of insanity defense

The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives. The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters. Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality. In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense. The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process. “Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.”

Monday, September 30, 2019

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.

Monday, July 29, 2019

Cyprus police frees 5 Israelis, 7 held in hotel rape probe

A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman. The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa. Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel. Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released. Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim. The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.

Saturday, July 13, 2019

The Latest: Trump considers executive order on census query

President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census. The Justice Department says it will continue to search for legal grounds to force the inclusion of the question. Trump says his administration is exploring a number of legal options, but the Justice Department has not said exactly what options remain now that the Supreme Court has barred the question, at least temporarily. The government has already begun the process of printing the census questionnaire without that question. The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-a-decade population count. The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census. But the department says it’s unclear how that will happen. That’s according to a lawyer for the plaintiffs who took part in a conference call Friday with government lawyers and a federal judge who demanded clarification of the administration’s plans. President Donald Trump had reopened what appeared to be a final decision by his administration to proceed without the citizenship question on the next census.

Saturday, June 29, 2019

Supreme Court to decide if Trump can end 'dreamers' program

Adding a high-stakes immigration case to its election-year agenda, the Supreme Court said Friday it will decide whether President Donald Trump can terminate an Obama-era program shielding young migrants from deportation. The justices' order sets up legal arguments for late fall or early winter, with a decision likely by June 2020 as Trump campaigns for re-election. The president ordered an end to the program known as DACA in 2017, sparking protests and a congressional effort to salvage it. That effort failed, but federal courts in California, New York, Virginia and Washington, D.C., have blocked him from ending it immediately. A federal judge in Texas has declared the program is illegal, but refused to order it halted . The program ? Deferred Action for Childhood Arrivals ? protects about 700,000 people, known as dreamers, who were brought to the U.S. illegally as children or came with families that overstayed visas. The DACA protections seem certain to remain in effect at least until the high court issues its decision. The administration had asked the court to take up and decide the appeals by the end of this month. The justices declined to do so and held on to the appeals for nearly five months with no action and no explanation. The court did nothing Friday to clear up the reasons for the long delay, although immigration experts have speculated that the court could have been waiting for other appellate rulings, legislation in Congress that would have put the program on a surer footing or additional administration action.

Sunday, June 16, 2019

Oregon city stops jailing poor who can't pay court debts

The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison. The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations. "No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states. The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time. Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000. She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt. Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further." The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.

Sunday, May 26, 2019

Court: NFL's Bucs not entitled to damages from BP spill

A federal appeals court has ruled that the NFL's Tampa Bay Buccaneers is not entitled to damages from BP for the 2010 Deepwater Horizon oil spill. At issue were the accounting practices the team used to argue that the 2010 spill caused the team's revenues to fall. The Bucs had sought $19.5 million in damages. On Friday, the 5th U.S. Circuit Court of Appeals upheld a district court's decision against the team. The court found that the Bucs' revenue in May-June 2010 was not significantly lower than its revenue during that same span a year later. In order to qualify for damages, it had needed to show that its revenues rebounded by at least 10% in 2011. The team's stadium is about 360 miles (580 kilometers) southeast of the site of the spill.

Monday, May 20, 2019

South Africa ex-president Jacob Zuma in court for corruption

Former South African president Jacob Zuma is in court facing charges of corruption, money laundering and racketeering. Zuma, 77, appeared at the High Court in Pietermaritzburg in eastern KwaZulu-Natal province Monday on charges of receiving bribes when the government purchased arms in 1999. Zuma was South Africa's president from 2009 until 2018, when he was forced to resign by his ruling African National Congress party amid persistent allegations of corruption. The criminal charges against Zuma were first raised more than 10 years ago but were withdrawn by the National Prosecution Authority in 2008. The charges were reinstated after a court ruled that there are sufficient grounds to bring him to trial. Zuma's former financial adviser, Schabir Shaik, was in 2005 convicted of fraud and corruption.

Tuesday, May 7, 2019

News attorneys: Opioid distribution data should be public

Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening. They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later. “The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said. The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills. A Justice Department attorney told the judges releasing the data would compromise investigations. “This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.” Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.

Thursday, April 18, 2019

Supreme Court asked to void Louisiana abortion clinic law

A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic. A divided high court had previously agreed to block the law pending a full review of the case. An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016. If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign. The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions. Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.” But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions. Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said. But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals. In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal. In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.

Friday, April 5, 2019

Loughlin, Huffman due in court in college admissions scam

Actresses Lori Loughlin and Felicity Huffman faced court appearances Wednesday on charges they took part in the college bribery scandal that has ensnared dozens of wealthy parents. The actresses along with Loughlin’s fashion designer husband, Mossimo Giannulli, and dozens of others were charged last month in a scheme in which authorities say parents paid an admissions consultant to bribe college coaches and rig test scores to get their children into elite universities. Huffman, Loughlin and Giannulli, whose Mossimo clothing had long been a Target brand, have not publicly commented on the allegations. They were set to make their first appearances in Boston’s federal court along with other parents charged in the scheme. Loughlin, who played Aunt Becky on the sitcom “Full House” in the 1980s and ’90s, and Giannulli are accused of paying $500,000 to have their two daughters labeled as recruits to the University of Southern California crew team, even though neither participated in the sport. The Hallmark Channel — where Loughlin starred in popular holiday movies and the series “When Calls the Heart” — cut ties with Loughlin a day after her arrest. Loughlin and Giannulli’s daughter, social media star Olivia Jade Giannulli, was dropped from advertising deals with cosmetics retailer Sephora and hair products company TRESemme.

Friday, March 29, 2019

Australian man loses bullying-by-breaking wind court case

An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him. The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying. Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering. Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence. Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind. Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling. Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky." "He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court. Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice." Hingst also accused Short of being abusive over the phone, using profane language and taunting him. The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults." The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent.

Monday, March 11, 2019

Case about indigent drivers and drivers' licenses in court

A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay. Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification. The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor. The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked. They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.

Ohio Republicans defending state congressional map in court

Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map. A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections. Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats. Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio.

Tuesday, February 26, 2019

Dominion to ask Supreme Court to hear pipeline appeal

Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail. Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service. A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial. The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia. The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.

Dakota Access developer sues Greenpeace in state court

The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court. Texas-based Energy Transfer Partners on Thursday sued Greenpeace and several activists it also had targeted in the federal lawsuit that U.S. District Judge Billy Roy Wilson dismissed on Feb. 14. Wilson said he found no evidence of a coordinated criminal enterprise that had worked to undermine ETP and its pipeline project. ETP had made claims under the federal Racketeer Influenced and Corrupt Organizations Act and also under North Dakota laws. Wilson did not address the merits of the state claims. ETP seeks "millions of dollars of damages" in the state lawsuit, which makes similar claims to its federal lawsuit — that Greenpeace and activists conspired to use illegal and violent means such as arson and harassment to disrupt pipeline construction and damage the company, all the while using the highly publicized and prolonged protest to enrich themselves through donations. "Defendants thus advanced their extremist agenda ... through means far outside the bounds of democratic political action, protest, and peaceful, legally protected expression of dissent," company attorney Lawrence Bender wrote in the complaint. Greenpeace on Friday had not yet been served with the lawsuit and declined to comment on its specifics. However, Greenpeace attorney Deepa Padmanabha said ETP "is clearly still trying to bully Greenpeace through the legal system." "We are confident that this latest attempt to silence peaceful advocacy will receive the same fate as the last meritless attack," he said. Groups and American Indian tribes who feared environmental harm from the pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016. ETP maintains the pipeline is safe. It began moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois in June 2017.

Wednesday, February 13, 2019

Court upholds order to unseal records in brazen lynching

A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp. A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings. Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river. Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone. Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.

Friday, February 8, 2019

Man accused of kidnapping Wisconsin girl to appear in court

A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing. Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days. Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence. According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her. In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog. Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.

High court upholds texting suicide manslaughter conviction

The involuntary manslaughter conviction of a young woman who encouraged her boyfriend through dozens of text messages to kill himself was upheld Wednesday by Massachusetts' highest court. The Supreme Judicial Court agreed with a lower court judge who found that Michelle Carter caused Conrad Roy III's death when she told him to "get back in" his truck that was filling with toxic gas after he told her he was scared. The judge said Carter had a duty to call the police or Roy's family when she knew he was killing himself. "And then after she convinced him to get back into the carbon monoxide filled truck, she did absolutely nothing to help him: she did not call for help or tell him to get out of the truck as she listened to him choke and die," Justice Scott Kafker wrote in the Supreme Judicial Court's ruling. Carter's lawyers noted the only evidence she instructed Roy to get back in the truck was a long, rambling text she sent to a friend two months later in which she called Roy's death her fault. Carter was 17 when Roy, 18, was found dead of carbon monoxide poisoning in July 2014. Carter, now 22, was sentenced to 15 months in jail, but has remained free while she pursues her appeals. Prosecutors had argued Carter could have stopped Roy from killing himself, but instead bullied him into going through with his plan through text messages that became more insistent as he delayed.

Thursday, January 24, 2019

Supreme Court rejects coach's appeal over prayer, for now

The Supreme Court is rejecting an appeal from a former Seattle-area football coach who lost his job because he refused to stop praying on the field. But four conservative justices say Tuesday that they are interested in former Bremerton High School Coach Joe Kennedy's case and the legal issues it raises. Lower courts said Kennedy was not immediately entitled to get his job back. Courts rejected Kennedy's claim that the school district violated his speech rights by putting him on paid leave after he continued to pray at midfield following games. Justice Samuel Alito says the high court is right to reject the appeal for now, but says he is troubled by lower courts' handling of the case. Justices Neil Gorsuch, Brett Kavanaugh and Clarence Thomas joined with Alito.

High court lets military implement transgender restrictions

The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday. The high court split 5-4 in allowing the plan to take effect, with the court's five conservatives greenlighting it and its four liberal members saying they would not have. The order from the court was brief and procedural, with no elaboration from the justices. As a result of the court's decision, the Pentagon can implement a policy so that people who have changed their gender will no longer be allowed to enlist in the military. The policy also says transgender people who are in the military must serve as a member of their biological gender unless they began a gender transition under less restrictive Obama administration rules. The Trump administration has sought for more than a year to change the Obama-era rules and had urged the justices to take up cases about its transgender troop policy immediately, but the court declined for now. Those cases will continue to move through lower courts and could eventually reach the Supreme Court again. The fact that five justices were willing to allow the policy to take effect for now, however, makes it more likely the Trump administration's policy will ultimately be upheld. Justice Department spokeswoman Kerri Kupec said the department was pleased with the court's decision.

Sunday, January 6, 2019

Court orders mediation in Maryland desegregation case

A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges. The black colleges say the state has underfunded them while developing programs at traditionally white schools that directly compete with them and drain prospective students away. In 2013, a judge found that the state had maintained an unconstitutional “dual and segregated education system.” The judge said the state allowed traditionally white schools to replicate programs at historically black institutions, thereby undermining the success of the black schools. Despite three previous tries at mediation, the two sides have been unable to agree on a solution. On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ordered Maryland’s higher education commission and the coalition to begin mediation again to try to settle the 12-year-old lawsuit.