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Court ends hearing into corruption charges against PM
Breaking Legal News |
2017/07/21 13:25
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Pakistan’s supreme court on Friday concluded its hearing into a high-profile case involving allegations of corruption against Prime Minister Nawaz Sharif and his family, but it wasn’t immediately clear when a verdict would be announced, defense lawyers and attorneys for petitioners said.
According to attorneys involved in the case, the court heard arguments from both the government and opposition after a court-ordered investigation found “significant disparity” between declared wealth and known sources of income of Sharif and his family.
Under Pakistani law, the court has the power to disqualify Sharif if he is found guilty. Sharif denies allegations he misused his office to enrich himself.
“The Supreme Court today concluded the hearing of this case and it will set a date for announcing the judgment later,” said Salman Akram Raja, the lawyer for Sharif’s family.
Fawad Chaudhry, one of the lawyers for opposition leader Imran Khan who led the fight to have the prime minister investigated, said Sharif faced a serious challenge and “we hope Nawaz Sharif will be disqualified” for concealing his assets.
Opposition lawmakers have been fighting a legal battle to disqualify Sharif as prime minister since 2016 when leaked documents from a Panama-based law firm disclosed his family’s offshore accounts.
Sharif’s political fate has been hanging in the balance since April. The Supreme Court, acting on petitions from opposition lawmakers, decided to establish a six-member Joint Investigation Team to delve into the allegations corruption involving his family, including his daughter and two sons.
Two of the five supreme court judges opposed setting up an investigation team preferring to hand down a verdict based on the information they already had in its possession.
However the team was established and on July 10 it submitted its voluminous report to the court to support its conclusion that a “significant disparity” existed between the Sharif’s declared wealth and its known sources of income. The report suggested the Supreme Court take action against Sharif and his family in accordance with a 1999 accountability law intended to help stamp out corruption. Sharif has sought to discredit the investigators, accusing them of bias. |
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Kansas faces skeptical state Supreme Court on school funding
Breaking Legal News |
2017/07/16 23:12
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Attorneys for Kansas will try to convince an often skeptical state Supreme Court on Tuesday that the funding increase legislators approved for public schools this year is enough to provide a suitable education for kids statewide.
The high court is hearing arguments about a new law that phases in a $293 million increase in education funding over two years. The justices ruled in March that the $4 billion a year in aid the state then provided to its 286 school districts was inadequate, the latest in a string of decisions favoring four school districts that sued Kansas in 2010.
The state argues that the increase is sizable and that new dollars are targeted toward helping the under-performing students identified as a particular concern in the court's last decision.
But lawyers for the Dodge City, Hutchinson, Wichita and Kansas City, Kansas, school districts argue that lawmakers fell at least $600 million short of adequately funding schools over two years. They also question whether the state can sustain the spending promised by the new law, even with an income tax increase enacted this year.
The court has ruled previously that the state constitution requires legislators to finance a suitable education for every child. In past hearings, justices have aggressively questioned attorneys on both sides but have not been shy about challenging the state's arguments.
The court is expected to rule quickly. Attorneys for the districts want the justices to declare that the new law isn't adequate and order lawmakers to fix it by Sept. 1 — only a few weeks after the start of the new school year.
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Court: Detained immigrant children entitled to court hearing
Breaking Legal News |
2017/07/05 11:58
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Immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the U.S., a federal appeals court said Wednesday.
The 9th U.S. Circuit Court of Appeals said two laws passed by Congress did not end the right to a bond hearing for unaccompanied immigrant children who are detained by federal authorities.
Tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras and El Salvador have entered the U.S. in recent years.
Federal officials place the vast majority of them with family in the U.S., who care for the minors while they attend school and while their cases go through the immigration court system.
But the Department of Human Services has the authority to hold children in secure facilities if they pose a danger to themselves or others or have committed a crime. Some have spent months in detention.
Immigration advocates estimate the size of the group in secure custody at several hundred children and say bond hearings allow them to understand why they are being held and challenge their detention.
"If you don't give kids transparency and a clear finite date when their detention will end you see all kinds of psychological effects," said Holly Cooper, co-director of the Immigration Law Clinic at the University of California, Davis.
Cooper represented plaintiffs in the legal fight over the bond hearings. The 9th Circuit ruling cited a declaration from one teenager who was held for 16 months, mostly at a juvenile detention center in Northern California. The teen, referred to only by his first name, Hector, said federal officials provided no explanation for his continued detention, and he received no hearing before an immigration judge. He was eventually released to his mother.
The Obama administration argued that two laws — one approved in 2002 and the other in 2008 — did away with the bond hearing requirement in a 1997 court settlement by giving the human services department all authority over custody and placement decisions for unaccompanied children.
The Department of Justice said in a 2016 court filing that immigration judges "are not experts in child-welfare issues and possess significantly less expertise in determining what is in the best interest of the child" than human services officials.
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Indiana high court to rule on Lake Michigan beach ownership
Breaking Legal News |
2017/07/01 11:57
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The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.
Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.
The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.
The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.
The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.
Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.
The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.
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McCarthy found guilty of 2nd-degree murder of Bella Bond
Breaking Legal News |
2017/06/25 14:39
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Michael McCarthy has been convicted of 2nd-degree murder in the death of a 2-year-old girl dubbed Baby Doe after her remains washed up on Boston Harbor island.
The verdict was announced in Suffolk Superior Court on Monday.
Michael McCarthy is charged with first-degree murder in the 2015 death of the girl who was later identified as Bella Bond.
Man facing life in prison after being found guilty of murder. A North Carolina man has been found guilty in the death of his fiancée and will serve the rest of his life in prison.
Local media outlets report an Onslow County jury found 59-year-old Timothy Noble guilty on Thursday of first-degree murder in the 2014 death of 58-year-old Debra Holden.
Deputies responding to the scene on Oct. 31, 2014, said Holden was found at a residence with a gunshot wound to her temple. Her death was originally ruled a suicide, but Noble was arrested eight months later after the medical examiner ruled the case a homicide. Noble will get credit for time spent in prison while awaiting trial. |
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Justices could take up high-stakes fight over electoral maps
Breaking Legal News |
2017/06/17 10:18
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In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political.
A dispute over Wisconsin’s Republican-drawn boundaries for the state legislature offers Democrats some hope of cutting into GOP electoral majorities across the United States. Election law experts say the case is the best chance yet for the high court to put limits on what lawmakers may do to gain a partisan advantage in creating political district maps. The justices could say as early as Monday whether they will intervene.
The Constitution requires states to redo their political maps to reflect population changes identified in the once-a-decade census. The issue of gerrymandering — creating districts that often are oddly shaped and with the aim of benefiting one party — is centuries old. The term comes from a Massachusetts state Senate district that resembled a salamander and was approved in 1812 by Massachusetts Gov. Elbridge Gerry.
Both parties have sought the largest partisan edge when they control redistricting. Yet Democrats are more supportive of having courts rein in extreme districting plans, mainly because Republicans control more legislatures and drew districts after the 2010 census that enhanced their advantage in those states and in the U.S. House of Representatives.
In the Wisconsin case, a federal court struck down the districts as unconstitutional in November, finding they were drawn to unfairly minimize the influence of Democratic voters.
The challengers to the Wisconsin districts say it is an extreme example of redistricting that has led to ever-increasing polarization in American politics because so few districts are genuinely competitive between the parties. In these safe seats, incumbents tend to be more concerned about primary challengers, so they try to appeal mostly to their party’s base.
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After jury deadlocks, Bill Cosby faces 2nd sex assault trial
Breaking Legal News |
2017/06/17 10:17
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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.
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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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