Maldives court overturns prison term for ex-president

Legal Interview 2018/10/20 14:12   Bookmark and Share
A high court in the Maldives on Thursday overturned a prison sentence for the country's former strongman, who had been jailed for not cooperating with a police investigation into allegations he was trying to overthrow the government.

The court set aside the jail term of one year, seven months and six days imposed by the Criminal Court on ex-President Maumoon Abdul Gayoom.

Maumoon was jailed in June for not handing over his cellphone to investigators after being accused of being part of a plan to overthrow his half-brother, outgoing President Yameen Abdul Gayoom. Maumoon was among dozens of political opponents and officials jailed by Yameen during his five-year rule after trials criticized for alleged lack of due process.

Yameen lost last month's presidential election to joint opposition candidate Ibrahim Mohamed Solih. The court ruled Thursday that the lower court did not follow correct trial procedures.
top

EU court orders Poland to reinstate Supreme Court judges

Lawyer Blog Post 2018/10/20 14:12   Bookmark and Share
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.

The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.

The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."

The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.

Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.

Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.

Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.

top

Court to hear case over ID of Texas execution drug supplier

Legal Insight 2018/10/19 14:12   Bookmark and Share
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.

top

Supreme Court hopeful had DWI charge in 2009

Headline Legal News 2018/10/18 14:12   Bookmark and Share
A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.

The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty.

That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s.

Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober.

Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race.

Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago."

Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters."

Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.

Anglin is one of three candidates seeking a place on the court. The other candidates are Barbara Jackson, a Republican who's seeking re-election, and Anita Earls, a Democrat and longtime civil rights lawyer.
top

Court orders some fixes in Texas foster care

Legal Interview 2018/10/16 14:13   Bookmark and Share
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.

The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”

The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”

But the judges said her order went “well beyond” what’s necessary for constitutional compliance.

So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.
top

Arkansas Supreme Court disqualifies term limits proposal

Topics in Legal News 2018/10/15 14:13   Bookmark and Share
The Arkansas Supreme Court on Friday ordered election officials to not count votes cast for a ballot measure that would have imposed the strictest term limits in the country on state legislators.

In a 4-3 ruling disqualifying the proposed initiative, the court said that thousands of signatures submitted by supporters were invalid and should not have been counted. The court did not rule on part of the lawsuit challenging the wording of the proposed amendment.

The court agreed with a special judge it had appointed to review the petitions who said thousands of signatures should be tossed out for not complying with requirements for paid signature-gatherers.

"Not only did Issue 3's supporters fail to properly collect the signatures required by law, but the measure would have stuck Arkansans with the most restrictive term limits in our country - a step in the wrong direction," Randy Zook, president of the state Chamber of Commerce and the head of the campaign against the measure, said.

An attorney for Term Limits Arkansas, the group backing the measure, said the court relied on "hyper technical paperwork violations" to invalidate the signatures.

top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design