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Utah asks Supreme Court to block gay marriage
Headline Legal News |
2014/01/02 13:58
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Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.
The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.
Sotomayor responded with a request for legal briefs from same-sex couples by Friday at noon. She can act by herself or get the rest of the court involved.
"Numerous same-sex marriages are now occurring every day in Utah," Utah lawyers complain in the filing. "Each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels, but also to this court's unique role as final arbiter." |
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Supreme Court denies appeal in arson case
Headline Legal News |
2013/12/30 14:12
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The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.
The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.
Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.
Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.
He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.
In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal. |
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Tenino man pleads guilty to child pornography
Legal News |
2013/12/30 14:12
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The U.S. attorney's office says a Tenino man pleaded guilty Friday in federal court in Tacoma to possession of child pornography.
As part of a plea agreement, prosecutors are recommending a four-year prison term when 47-year-old James Donald Mobley is sentenced in March.
The U.S. attorney's office says the former teacher at Tenino Elementary School is one of 348 people arrested worldwide as part of the "Project Spade" investigation into a Toronto-based website.
Investigators found Mobley purchased child pornography from the company. He was arrested last January. A search of his computer found 650 photos and 45 videos of child pornography. |
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Canadian court strikes down anti-prostitution laws
Press Release |
2013/12/23 12:11
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Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.
The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.
The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.
Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future. |
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Utah's same-sex marriage ban back in court
Press Release |
2013/12/23 12:10
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A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.
U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.
Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.
On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.
Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church. |
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Court: LAPD can continue eased auto impound policy
Topics in Legal News |
2013/12/20 10:48
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A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.
In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.
But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.
Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.
The police union sued to nullify the policy, saying it left officers with conflicting orders.
LA'S city attorney and police chief issued statements lauding Wednesday's decision. |
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