|
|
|
Democratic governor getting to shape Kansas' top court
Lawyer World News |
2019/07/29 10:25
|
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.
Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.
His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.
Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional. |
|
|
|
|
|
|
Cyprus police frees 5 Israelis, 7 held in hotel rape probe
Lawyer World News |
2019/07/27 10:26
|
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.
The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.
Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.
Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.
Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.
The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.
Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army. |
|
|
|
|
|
|
Meek Mill’s conviction thrown out, granted new trial
Lawyer World News |
2019/07/23 10:30
|
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.
The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.
City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.
The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.
“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”
Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.
Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.
|
|
|
|
|
|
|
High court rejects appeal of killer of 4 people in Omaha
Lawyer World News |
2019/07/20 11:24
|
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. |
|
|
|
|
|
|
High court strikes down ‘scandalous’ part of trademark law
Lawyer World News |
2019/06/25 11:15
|
The Supreme Court struck down a section of federal law Monday that prevented businesses from registering trademarks seen as scandalous or immoral, handing a victory to California fashion brand FUCT.
The high court ruled that the century-old provision is an unconstitutional restriction on speech. Between 2005 and 2015, the United States Patent and Trademark Office ultimately refused about 150 trademark applications a year as a result of the provision. Those who were turned away could still use the words they were seeking to register, but they didn’t get the benefits that come with trademark registration. Going after counterfeiters was also difficult as a result.
The Trump administration had defended the provision, arguing that it encouraged trademarks that are appropriate for all audiences.
The high court’s ruling means that the people and companies behind applications that previously failed as a result of the scandalous or immoral provision can re-submit them for approval. And new trademark applications cannot be refused on the grounds they are scandalous or immoral.
Justice Elena Kagan said in reading her majority opinion that the most fundamental principle of free speech law is that the government can’t penalize or discriminate against expression based on the ideas or viewpoints they convey. She said Lanham Act’s ban on “immoral or scandalous” trademarks does just that. |
|
|
|
|
|
Legal News World RSS Feed
