Family of Colorado man killed by police settles lawsuit

Court News 2017/05/23 00:15   Bookmark and Share
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.

The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.

Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.

Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.

The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.

A court filling from this week does not show the terms of the settlement.
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Supreme Court strikes down 2 NC congressional districts

Court News 2017/05/23 00:15   Bookmark and Share
The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.

The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.

Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.

Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.

The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."

States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.

A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.

The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."

The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.

The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.


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8 judges on Venezuela's Supreme Court hit with US sanctions

Legal Business 2017/05/22 00:15   Bookmark and Share
The U.S. imposed a new round of sanctions on high-level Venezuelan officials, this time targeting eight Supreme Court judges that Washington accused of damaging their nation's democracy by steadily stripping the opposition-controlled congress of any authority.

The executive order issued Thursday marked the second time the U.S. has sanctioned leaders of Venezuela's socialist government since Donald Trump became president this year. In February, the U.S. announced it was freezing the assets of Vice President Tareck El Aissami, accusing him of playing a major role in international drug trafficking.

Those blacklisted under the latest decree include Maikel Moreno, the president of the government-packed Supreme Court, as well as all seven justices who signed a ruling in late March nullifying congress. The ruling was later partially reversed amid a surge of international criticism, but it sparked a protest movement that has seen almost daily street demonstrations for nearly two months — sometimes violent unrest that recorded its 45th death Thursday.

"By imposing these targeted sanctions, the United States is supporting the Venezuelan people in their efforts to protect and advance democratic governance in their country," U.S. Treasury Secretary Steven T. Mnuchin said.

Venezuelan Foreign Minister Delcy Rodriguez decried the U.S. sanctions on Twitter as "outrageous and unacceptable." She said the order was one more example of U.S. attempts to destabilize Venezuela's government, adding that Maduro strongly backs the Supreme Court magistrates who are "victims of U.S. imperial power."

Trump's administration has repeatedly raised concerns that Maduro is moving toward one-party, authoritarian rule. Earlier Thursday, the U.S. leader expressed dismay about Venezuela's troubles, asking aloud how a nation holding the world's largest oil reserves could be stricken by so much poverty and turmoil.
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Ohio Supreme Court justice backs legalizing marijuana

Legal Insight 2017/05/21 00:15   Bookmark and Share
An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.

Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.

O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.

In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.
 
Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.

“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”

He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.

O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.

“Treat addiction like the disease it is in the name of compassion,” he said.

There’s already a crowded field lining up on both sides of the governor’s race.

For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.

The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination.


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Texas advances new abortion limits despite court defeats

Attorney News 2017/05/20 00:15   Bookmark and Share
Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.

The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.

Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.

The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.

Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy.

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Danish teenager found guilty of terrorism, sentence pending

Lawyer Blog Post 2017/05/18 00:16   Bookmark and Share

A Danish court on Tuesday convicted a teenage girl of attempted terrorism for planning bomb attacks against two schools.

Holbaek District Court judge Peder Christensen says the 17-year-old, who wasn't identified, was also convicted of assaulting an employee in the juvenile incarceration facility where she had been held during the trial.

Christensen said the girl had converted to Islam and intended to carry out attacks, including one on a Jewish school, when she was 15. He said she possessed chemicals to make the explosive known as TATP. It also appeared she had online contacts with radical militants.

The teenager was arrested Jan. 13, 2016. The court said the bombings were not carried out because she was arrested before she could take action, and that she had not received any orders to blow up her former school, Holbaek, 65 kilometers (40 miles) northwest of Copenhagen, and Copenhagen's Jewish Caroline School.

Her lawyer, Mette Gritt Stage, had said her client had been bullied at school and is a confused teenager seeking attention.

After the guilty ruling, Stage said her client "was very, very saddened."

Three letters were found in her cell in late April and read in court. In one, the teenager wrote that she deliberately didn't wear a headscarf "to fool the disbelievers" to think she had not converted to Islam.

In another letter to a Danish-Turkish man who had been sentenced to six years in prison and had his Danish citizenship stripped off for joining radical Islamic State militants in Syria, she wrote that she stabbed the employee in the incarceration facility because he had been a soldier in Iraq, adding "I couldn't accept this."

The court is expected to announce sentencing on Thursday. Prosecutors are requesting her incarceration at a mental institution.
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