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Top Kansas Court to Revisit Death Penalty in Wichita Murders
Court Line News |
2017/05/04 16:43
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The Kansas Supreme Court is considering for a second time whether to spare two brothers from being executed for four murders in what became known as "the Wichita massacre" after earlier rulings in the men's favor sparked a political backlash.
The justices were hearing arguments from attorneys Thursday in the cases of Jonathan and Reginald Carr. The brothers were convicted of dozens of crimes against five people in December 2000 that ended with the victims being shot in a snow-covered Wichita field, with one woman surviving to testify against the brothers.
The crimes were among the most notorious in the state since the 1959 slayings of a western Kansas family that inspired the book "In Cold Blood." The state has 10 men on death row, including the Carrs, but it has not executed anyone since hangings in 1965.
The Kansas court overturned the Carr brothers' death sentences in July 2014, citing flaws in their joint trial and sentencing hearing. The decisions stunned the victims' families and friends, as well as legislators. Critics launched unsuccessful efforts to oust six of the seven justices in the 2014 and 2016 elections.
The U.S. Supreme Court later overturned the Kansas court's rulings in a sometimes scathing January 2016 opinion. The nation's highest court returned the men's cases to the Kansas court for further reviews.
The Carr brothers' attorneys are raising some of the same legal questions again, arguing that the Kansas Constitution requires the death sentences to be overturned even if the U.S. Constitution doesn't. The Kansas court has the last word on "state law" issues. There is one new justice since the court last ruled in 2014.
The Kansas court previously concluded that the two men should have had separate sentencing hearings. Jonathan Carr argued that he was not as responsible as his brother for the crimes and that Reginald Carr had been a bad influence on him during their troubled childhoods.
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Supreme Court says cities can sue banks under anti-bias law
Court Line News |
2017/05/03 08:43
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The Supreme Court ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes.
The justices' 5-3 ruling partly validated a novel approach by Miami and other cities to try to hold banks accountable under the federal Fair Housing Act for the wave of foreclosures during the housing crisis a decade ago.
But the court still threw out an appellate ruling in Miami's favor and ordered a lower court to re-examine the city's lawsuit against Wells Fargo and Bank of America to be sure that there is a direct connection between the lending practices and the city's losses.
Miami claimed that Wells Fargo and Bank of America, as well as Citigroup, pursued a decade-long pattern of targeting African-American and Hispanic borrowers for costlier and riskier loans than those offered to white customers. The loans to minority homeowners went into default more quickly as well, the city said.
Wells Fargo and Bank of America appealed the ruling by the 11th U.S. Circuit Court of Appeals to the Supreme Court, arguing that cities can't use the Fair Housing Act to sue over reductions in tax revenues. The banks said the connection between a loan and the tax consequences is too tenuous. Citigroup did not appeal, though its lawsuit also would be affected by what the appeals court does in response to Monday's ruling.
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Trump 'absolutely' considered breaking up 9th Circuit Court
Court Line News |
2017/05/03 08:43
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President Donald Trump, still chafing over rulings blocking his travel ban early this year, says he's considered breaking up the West Coast-based 9th Circuit Court of Appeals.
Asked during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have." He added that "there are many people that want to break up the 9th Circuit. It's outrageous."
The comments echoed his Twitter criticism of the court Wednesday morning.
Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from sanctuary cities "ridiculous" on Twitter. He said that he planned to take that case to the Supreme Court. But an administration appeal of the district court's decision would go first to the 9th Circuit.
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Idaho Judicial Council accepting applications for high court
Topics in Legal News |
2017/05/02 09:01
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An opening on the Idaho Supreme Court won't be filled through an election but through an application process.
Supreme Court Justice Daniel Eismann announced earlier this year he will retire in August — 16 months before the end of his current six-year term.
Because Eismann is stepping down early, the Idaho Judicial Council will solicit applications and recommend up to four names to the governor for appointment instead of waiting until the 2018 election, The Spokesman-Review reported. Idaho's Supreme Court positions are nonpartisan.
It's a merit-based process that had been used primarily to replace outgoing justices until this past year when former Idaho Supreme Court Justice Jim Jones announced he would retire at the end of his term.
"I would never have been on the court if the only avenue was to go through the Judicial Council and be appointed by the governor," said Jones, 74, who was twice elected Idaho attorney general. "It just didn't even occur to me as a possibility, because if you've been involved in the political arena, you probably at one time or another have stepped on the toes of whoever ends up being governor."
Eismann joined the state's highest court in 2001 after successfully running against incumbent Justice Cathy Silak. That election was the first time in 68 years that a sitting supreme court justice had been ousted in an election.
He caused a stir when he decided to announce his election campaign at a Republican Party event in eastern Idaho. He has since become one of the most outspoken justices, known for his tough questioning and advocating for specialty courts throughout Idaho.
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Court: Gay couple's suit against Kentucky clerk can proceed
Legal Marketing News |
2017/05/02 08:43
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A federal appeals court says a gay couple's lawsuit seeking damages from a Kentucky county clerk who refused to issue them a marriage license can proceed. The ruling revives an issue that pulled the state into the center of a national debate over same-sex marriages following a historic Supreme Court ruling.
David Ermold and David Moore tried to get a marriage license in Rowan County, Kentucky, in June 2015 after the U.S. Supreme Court ruled same-sex marriage bans were unconstitutional. But Kim Davis, the county clerk, refused to issue them a license because she said it violated her religious beliefs.
Ermold and Moore sued, along with several other couples. Davis lost, and spent five days in jail for refusing to follow a court order. The dispute thrust the embattled clerk into the national limelight and prompted same-sex marriage opponents across the country to rally behind her. A Republican congressman from Ohio gave her a ticket to former President Barack Obama's State of the Union address. And she met with Pope Francis in Washington, although that encounter quickly sent the Vatican scrambling to distance itself from the controversy.
Davis has since changed her party affiliation to Republican, saying the Democratic Party had abandoned her. Ermold and Moore want Davis to pay damages for the emotional distress caused by her refusal to issue them a license. Ermold and Moore were not the first couple to be denied a license. But they filmed their rejection and uploaded it to YouTube, which has been viewed more than 1.8 million times.
Liberty Counsel, a Florida-based law firm specializing in religious-liberty issues, has represented Davis throughout the case. The firm also represents former Alabama Supreme Court Chief Justice Roy Moore, who ordered state probate judges to continue to enforce that state's ban on same-sex marriage despite the U.S. Supreme Court ruling. Moore was removed from his post because of his order. He is now running for U.S. Senate.
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Connecticut court takes up doctor-patient confidentiality
Attorney Opinions |
2017/05/02 08:43
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The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.
A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.
The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.
The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.
But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."
The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.
"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."
A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.
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