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'Whitey' Bulger asks US Supreme Court to hear his appeal
Top Attorney News |
2016/08/15 21:12
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James "Whitey" Bulger has asked the U.S. Supreme Court to hear his appeal of his racketeering convictions for playing a role in 11 murders and committing a litany of other crimes.
It is unclear if the high court will take up the Boston gangster's case. The court generally agrees to hear only a small percentage of the thousands of cases it's asked to review each year. The 1st U.S. Circuit Court of Appeals upheld Bulger's 2013 convictions in March.
A three-judge panel of the court found that Bulger had not shown that his right to a fair trial was violated when a judge barred him from testifying about his claim that a now-deceased federal prosecutor granted him immunity. The trial judge said Bulger had not offered any hard evidence that such an agreement existed.
Bulger, now 86, led a notoriously violent gang from the 1970s through the early 1990s. He fled Boston in 1994 after an FBI agent tipped him that he was about to be indicted. Bulger remained a fugitive until 2011, when he was captured in Santa Monica, California. He is now serving a life sentence.
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High Court won't hear dispute over birthright citizenship
Top Attorney News |
2016/06/11 14:26
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The Supreme Court has rejected an appeal from a group of American Samoans who say the United States should grant full citizenship to people born in the U.S. territory.
The justices on Monday let stand a lower court ruling that said the constitutional guarantee of birthright citizenship does not extend to the islands that have been a part of the country since 1900.
Current law considers American Samoans to be "nationals," not full citizens like those born in Puerto Rico, Guam and other U.S. territories. Nationals are allowed to work and live anywhere in the United States, but unlike citizens, they can't vote or hold elective office.
The challengers said that the law violates the 14th Amendment, which grants citizenship to anyone born in the United States. But the U.S. Court of Appeals for the District of Columbia Circuit ruled last year that birthright citizenship does not automatically apply to the nation's unincorporated political territories.
The lawsuit was filed by a small group of American Samoans who did not have the support of the islands' government officials. The government of American Samoa has argued that automatic U.S. citizenship could undermine local traditions and practices, including rules that restrict land ownership to those of Samoan ancestry.
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High court sides with property owners in wetlands case
Top Attorney News |
2016/06/05 16:35
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The Supreme Court is making it easier for landowners to bring a court challenge when federal regulators try to restrict property development due to concerns about water pollution.
The justices ruled unanimously Tuesday that a Minnesota company could file a lawsuit against the U.S. Army Corps of Engineers over the agency's determination that its land is off limits to peat mining under the Clean Water Act.
The ruling is a win for property rights and business groups that said it was unfair for government agencies to decide what land is subject to complex environmental laws without a court ever deciding whether the agency is right.
It was the second time in four years that the high court sided with property owners against the government in a dispute over the right to challenge a designation of protected wetlands.
The Obama administration argued that the Hawkes Company could only contest the finding by seeking a permit, an expensive process that could take years to resolve. The company said it should be able to challenge the order immediately in federal court without having to spend more than $100,000 on a permit or risk hefty fines.
Writing for the court, Chief Justice John Roberts said the Corps' decision was the kind of final decision that carries a risk of major criminal and civil penalties if landowners don't go along. He said property owners shouldn't have to wait for the agency to "drop the hammer in order to have their day in court."
The case began when the East Grand Forks, Minnesota, company planned to expand its peat processing operations and asked the Corps for guidance. The agency issued a determination that the property was governed by the Clean Water Act because it affected the Red River of the North about 120 miles away.
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Police union defends ex-officer in black musician's death
Top Attorney News |
2016/06/02 16:35
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The police union defended a former officer charged in the fatal shooting of a legally armed black man, saying they believe the officer identified himself before the confrontation.
Former Palm Beach Gardens officer Nouman Raja has been charged with manslaughter and attempted murder in the Oct. 18 death of Corey Jones. Raja's bail was set at $250,000 during his first court appearance Thursday.
Palm Beach County Police Benevolent Association President John Kazanjian said the union believes Raja, who was fired after the shooting, identified himself before confronting Jones on an Interstate 95 ramp before dawn.
Charging documents said Raja, who was investigating a string of auto burglaries, did not identify himself before opening fire. He was driving an unmarked cargo van with no police lights and was in civilian clothes: a tan T-shirt, jeans, sneakers and a baseball cap, the documents said.
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Court: Slipknot bassist's child born after he died can sue
Top Attorney News |
2016/05/09 16:50
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Idaho's state Supreme Court candidates went after each other's political independence Friday evening during their only scheduled major debate.
"When you stand on the courthouse steps with the Legislature, I'm not sure if you're sending the right messages to the people of Idaho that there's a clear division of judiciary and legislative branch," said candidate Robyn Brody, an attorney from Rupert.
Brody was calling out fellow candidates Clive Strong, a longtime deputy attorney general, and Curt McKenzie, a seven-term Republican state senator who have both held press conferences at courthouses announcing endorsements from partisan lawmakers.
Idaho Court of Appeals Judge Sergio Gutierrez also echoed Brody's concerns of seeking high-profile endorsements, adding that he's not running to be a politician but a justice.
However, Strong countered that his 33-year career inside the attorney general's office has often required him to stand up to the Idaho Legislature and McKenzie argued that he strayed from his fellow GOP members during the Legislature by voting no on the so-called ag-gag bill, which was later ruled illegal in federal court.
The first round of campaign contribution reports aren't due until May 10, making endorsements that much more open to scrutiny for signs of possible bias.
Furthermore, Supreme Court candidates are banned from talking about their past of current political party affiliations even though political party registrations are public records as well as giving their opinions on how they would vote on previous or pending state supreme court decisions.
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