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Ginsburg makes 1st public appearance since cancer surgery
Headline Legal News | 2019/02/03 11:03
Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.

The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.

The concert is dedicated to Ginsburg’s life in the law.

Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.

She has been recuperating at her home in Washington since late December.

Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.

The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.

The National Constitution Center, which sponsored the concert, did not permit photography.

James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.

The performance concluded with a song set to Ginsburg’s answers to questions.

In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”


NC high court sidesteps decision on tracking sex offenders
Court Line News | 2019/02/01 11:05
The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.

The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.

The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.



Pakistan upholds acquittal of woman in blasphemy case
Court Line News | 2019/01/26 11:11
Pakistan’s top court on Tuesday upheld its acquittal of a Christian woman sentenced to death for blasphemy, paving the way for Aasia Bibi to leave the country in a blow to radical Islamists who had demanded her execution.

Following the landmark decision, Bibi will finally be able to join her daughters, who earlier fled to Canada where they have been given asylum.

Bibi’s lawyer, Saiful Malook, who returned to Islamabad after fleeing the country amid death threats, called the decision a victory for Pakistan’s constitution and rule of law.

The three-judge Supreme Court panel had “insisted on very strict proofs of blasphemy” and found none, Malook said, expressing hope that Bibi’s acquittal will deter false blasphemy allegations in the future.

Pakistan’s blasphemy law is often used to settle scores or intimidate followers of minority religions, including Shiite Muslims. A charge of insulting Islam can bring the death penalty, and the mere accusation of blasphemy is sometimes enough to whip up vengeful mobs, even if courts acquit defendants. A provincial governor who defended Bibi was shot and killed, as was a government minority minister who dared question the blasphemy law.

From her secret location, Bibi watched the decision reported live on local television, according to a friend who spoke to her as it was being announced. Bibi’s first thoughts were for her daughters, the friend said, speaking on condition of anonymity because he fears reprisals from Islamic extremists.



Congress to Probe Report that Trump Directed Lawyer to Lie
Legal News | 2019/01/21 22:56
The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.

House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”

The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.

The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.


Lawyer: Incapacitated woman who gave birth not in coma
Court Line News | 2019/01/20 22:56
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.

The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.

Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.

A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.

News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.

“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.



US presses ahead with border wall in court despite shutdown
Legal Interview | 2019/01/18 22:58
A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.

The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.

According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.

The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”

Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”

U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.

Efren Olivares, a lawyer for the Texas Civil Rights Project, accused the government of being “fixated” on a border wall at the expense of other matters.

“As someone who is also handling family reunification cases in which government lawyers are telling us they can’t do anything to help us because of the government shutdown, it’s extremely upsetting and frustrating,” he said.

The case that led to Tuesday’s hearing was opened 11 years ago, during the last major effort to build border barriers under the Secure Fence Act. It involves a chunk of land in Los Ebanos, a town of roughly 300 people situated along a bend in the Rio Grande, the river separating the U.S. and Mexico in Texas.

Olivares said the U.S. government already obtained the land it sought from the landowner, Pamela Rivas, but both sides haven’t agreed yet on compensation.



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