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Connecticut's top court hears Kennedy cousin murder case
Court Watch |
2016/02/23 09:55
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Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.
State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.
Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.
Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.
Prosecutors are appealing Bishop's decision to the Supreme Court.
Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.
But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.
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German court ends fight over estate of Iran shah's 2nd wife
Court Watch |
2016/02/22 09:55
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A German court has ruled that the estate of the former shah of Iran's second wife, Soraya Esfandiari-Bakhtiari, belongs to her late brother's ex-chauffeur.
The ruling announced Tuesday by the Cologne state court comes nearly 15 years after Soraya's death. She named as heir her brother, Bijan Esfandiari, who lived in Cologne and died days after her. The court ruled that a short will the brother wrote in a notebook, naming his former chauffeur and private secretary as his heir, is valid.
The man had spent several years disputing part of the inheritance with relatives of Soraya. The court didn't specify its value.
Soraya married Shah Mohammed Reza Pahlavi in 1951. Seven years later, the shah repudiated her in an Islamic divorce after they failed to have children.
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Chief justice remembers Scalia's 'irrepressible spirit'
Class Action |
2016/02/20 09:55
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Chief Justice John Roberts on Monday remembered the late Justice Antonin Scalia as a friend and colleague of "irrepressible spirit" as the Supreme Court resumed work for the first time since Scalia's death.
"He was our man for all seasons and we will miss him beyond measure," Roberts said in brief remarks after the court's eight remaining justices took the bench.
Roberts recounted Scalia's humble roots in New Jersey, his graduation at the top of his class at Georgetown University and his stellar performance at Harvard Law School. As a top attorney at the Justice Department, Roberts said Scalia argued his first and only case before the Supreme Court in 1976.
"He prevailed, establishing a perfect record before the court," Roberts said to laughter.
Scalia became the 103rd justice confirmed to the high court in 1986, Roberts noted, and wrote 292 majority opinions for the court.
"He was also known on occasion to dissent," Roberts said to more laughter.
The high court is resuming work just two days after the justices and thousands of dignitaries, friends and family mourned his loss at a funeral Mass in Washington.
The void created by Scalia's death was visible on Monday. His chair, in its usual place to the right of Roberts, was draped in black wool crepe, which will remain until next month.
Only in late March do the justices plan to switch seats in line with their seniority on the court. Justice Anthony Kennedy is now the longest-serving member of the court, with 28 years of experience.
President Barack Obama has vowed to nominate a candidate to take Scalia's seat, but Senate Republicans, backed by their party's presidential contenders, have pledged to block anyone Obama puts forward. Republicans have said the choice should await the next president.
Scalia's sharp questioning of lawyers transformed arguments into lively sessions in which the justices sometimes seemed to be talking to each other, rather than to the lawyers arguing before them. |
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Man recounts harrowing Uber ride with Kalamazoo suspect
Court Watch |
2016/02/19 09:56
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An Uber passenger says he called the police to report an erratic driver more than an hour before authorities allege the driver began shooting people at random, killing six and wounding two others before being arrested.
Matt Mellen told WWMT-TV in Kalamazoo that Jason Dalton picked him up at around 4:30 p.m. Saturday. He said Dalton introduced himself as "Me-Me" and that he sat in front, since Dalton had his dog in the backseat.
Mellen said about a mile into the trip, Dalton got a phone call and that when he hung up, he began driving erratically, blowing through stop signs and sideswiping cars.
"We were driving through medians, driving through the lawn, speeding along and when we came to a stop, I jumped out of the car and ran away," said Mellen. He said he called the police and that when he got to his friend's house, his fiancée posted a warning to friends on Facebook.
Authorities allege that Dalton shot the first victim outside of an apartment complex shortly before 6 p.m. and that he shot seven others over the next several hours. Dalton, 45, was arrested without incident early Sunday morning after a deputy spotted his vehicle driving through downtown Kalamazoo after leaving a bar parking lot. |
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Court declines stay in redistricting; Congress elections off
Criminal Law |
2016/02/17 09:56
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The U.S. Supreme Court refused Friday night to stop a lower-court order demanding North Carolina legislators draw a new congressional map, meaning House primary elections won't occur next month as scheduled and are shifted to June.
The denial of the request by state of North Carolina attorneys for the justices to intervene came just hours after Republican lawmakers meeting in Raleigh voted for redrawn boundaries as a safeguard to comply with a federal court ruling that called two majority black districts racial gerrymanders. A new congressional elections calendar also was approved.
The General Assembly reconvened and passed a new map because a three-judge panel had ordered a replacement by Friday.
State attorneys argued that absentee ballots already were being requested for the March 15 primary election, and blocking districts used since 2011 would create electoral chaos and a costly separate House primary later in the year. But voters who sued over the boundaries said they shouldn't have to vote in illegal districts for another election cycle, like in 2012 and 2014.
The refusal — a one-sentence decision that said Chief Justice John Roberts had referred the request to the entire court — means the congressional primary elections will now occur June 7 under new boundaries that put two incumbents in the same district and seriously jeopardize the re-election of Democratic Rep. Alma Adams, who is now living in a strong Republican district.
Mollie Young, a spokeswoman for GOP House Speaker Tim Moore, said the legislative leaders' attorneys would review the decision before making a comment.
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Supreme Court scuffle triggers constitutional clash
Court Watch |
2016/02/17 09:56
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It only took one man's death to give Congress an opening to permeate its dysfunction throughout the rest of government.
Republican opposition to letting President Barack Obama replace the late Justice Antonin Scalia quickly sparked a constitutional clash over the president's right to fill Supreme Court vacancies. Democrats, who have their own history of boxing out Republicans over court nominees, are up in arms, but begrudgingly concede that Obama's pick is unlikely to be confirmed.
So as both parties prepare for political brawling, the eight remaining justices could spend the next year hearing critical cases alongside an empty seat, unable to break a tie in the event of a 4-4 split.
The standoff raises a scenario that Washington long has dreaded: that bitter partisanship in Congress, mixed with the tactics of obstruction such as the filibuster, would eventually jeopardize another branch's basic ability to function.
"If Republicans do what they suggest, I think we're headed not only for a constitutional crisis but also for big problems for the legislative process," said Jim Manley, a former aide to Senate Democratic leader Harry Reid of Nevada. "This is the natural reaction to the continued Senate breakdown we've seen for years."
Supreme Court nominees have been rejected before. Yet Democrats accuse Republicans of taking obstructionism to a new level by insisting Obama not even name a nominee with 11 months left in his term — and refusing to hold a confirmation vote if he does. Though the Constitution is clear that it is the president who nominates, Republicans say the Founding Fathers never required the Senate to give a vote.
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Court to weigh cocaine cases, could alter sentencing in Ohio
Court Watch |
2016/02/10 11:19
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Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only ? not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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