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Court: Slipknot bassist's child born after he died can sue
Legal Interview | 2016/05/09 00:18
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.


Florida's high court urged to throw out death sentences
Legal News | 2016/05/08 00:18
Former judges and top legal officials are calling on the Florida Supreme Court to impose life sentences on nearly 400 people now awaiting execution on death row.

The group, which includes three former state Supreme Court justices and two former presidents of the American Bar Association, filed a legal brief Tuesday in a case that could determine the fate of Florida's death penalty.    

In January, the U.S. Supreme Court declared Florida's death penalty sentencing law unconstitutional, prompting the state Supreme Court to halt two executions. The Florida Legislature responded by overhauling the law.

But the Florida Supreme Court still hasn't decided what should happen to those sentenced to death under the previous sentencing scheme. The court will hear arguments from lawyers this week on what should be done.





Tribunal: India, Italy should agree on Italian marine's bail
Court Line News | 2016/05/07 00:19
India and Italy should work toward an agreement to allow an Italian marine to return home while an arbitration process continues in the fatally shootings of two Indian fishermen in 2012, a tribunal said Tuesday.

The two countries should present their arguments over relaxing the marine's bail conditions to India's Supreme Court, the tribunal in The Hague said.

The case against Salvatore Girone and another Italian marine, Massimiliano Latorre, has strained relations between the two countries, which disagree on the facts of the case and who has jurisdiction. Italy has also complained bitterly about the fact that, in four years, India has never formally charged the two with a crime.

An arbitration tribunal is hearing the dispute over jurisdiction, and in the ruling announced Tuesday said the two countries should approach India's Supreme Court about changing Girone's bail terms to allow him to return to Italy. Latorre has been in his home country since September 2014 on medical treatment after suffering a stroke in India.

Both India and Italy welcomed the tribunal's ruling, which had been shared with officials from the two countries on Monday. India was happy that the ruling confirmed its jurisdiction to decide bail, while Italy found relief in the possibility of Girone's return.

"We see the tribunal's order not just as a recognition of India's consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India," Indian Finance Minister Arun Jaitley, speaking Tuesday in Parliament on behalf of the foreign affairs minister.

In Rome, the defense minister expressed confidence that Italy would be proven right through the arbitration process.



High court seems poised to overturn McDonnell conviction
Attorney News | 2016/05/05 00:19
The Supreme Court on Wednesday seemed poised to overturn the conviction of former Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.

Justices across the ideological spectrum expressed major concerns that the laws give prosecutors too much power to criminalize the everyday acts that politician perform to help constituents.

Chief Justice John Roberts said it was "extraordinary" that dozens of former White House attorneys from Democratic and Republican administrations submitted legal papers saying that upholding McDonnell's conviction would cripple the ability of elected officials to do their jobs.

"I think it's extraordinary that those people agree on anything," Roberts said.

Justice Breyer said the law presents "a real separation of powers problem" and "puts at risk behavior that is common."

"That's a recipe for giving the Department of Justice and prosecutors enormous power over elected officials," Breyer said.

McDonnell, who was in the courtroom with his wife Maureen to watch the arguments, was convicted in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement.

At issue is a federal law that bars public officials from accepting money or gifts in exchange for "official acts." The court is expected to clarify what distinguishes bribery from the routine actions that politicians often perform as a courtesy to constituents.

But the justices struggled over how to draw that line. Both Roberts and Breyer suggested the bribery law could be considered unconstitutionally vague.


Court in Russia-annexed Crimea bans Tatar assembly
Lawyer Media News | 2016/04/26 17:08
The Supreme Court in the Russia-annexed peninsula Crimea on Tuesday banned a Crimean Tatar group in the latest step to marginalize the minority.

Crimea's prosecutor Natalya Poklonskaya who personally lodged the lawsuit welcomed the ruling against the Mejlis, an assembly of Tatar community leaders.

"This decision aims to ensure stability, peace and order in the Russian Federation," she told Russian news agencies after the hearing.

Crimean Tatars, who suffered a mass deportation at the hands of Soviet authorities in 1944, seemed to be the only organized force within Crimea to oppose Russia's annexation of the Ukrainian peninsula in 2014. Tuesday's ban follows months of persecution, expulsions and jailing of prominent Tatar leaders as well as rank-and-file protesters.

Six people are now on trial in the city Simferopol on charges of rioting dating back to fist fights between rival rallies of a pro-Russian party and Crimean Tatars on Feb. 26, 2014 which preceded the hastily called referendum to secede from Ukraine. Not a single pro-Russian protester has faced charges.

Russia's Justice Ministry earlier this month ruled the Mejlis was an extremist group, paving the way for the outright ban of the group that represents up to 15 percent of the Crimean population.


JetBlue attendant pleads not guilty to cocaine charge
Court Line News | 2016/04/25 17:07
A JetBlue flight attendant accused of trying to sneak a suitcase full of cocaine through Los Angeles International Airport has pleaded not guilty to a federal charge.
 
City News Service says Marsha Gay Reynolds entered the plea Friday to possessing cocaine with intent to distribute.
   
Authorities say during a random security screening at LAX in March, the former Jamaican beauty queen left her carry-on luggage, kicked off her Gucci high heels and bolted down an upward-moving escalator.

Authorities found about 70 pounds of cocaine in her luggage. Reynolds, who lives in Queens, later surrendered in New York. If convicted, she faces 10 years in prison.


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