Legal Insight 2018/05/08 11:18
The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.
State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.
The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.
The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.
Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.
Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case.

Lawyer Blog Post 2018/05/02 11:18
A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.
The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.
The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.
The results of the exploration work would guide the company's future plans for commercial-scale mining.
Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.
State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.
The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said.

Legal Insight 2018/04/20 12:00
The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.
Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.
Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.
Court sides with sanctuary cities in fight over grants
A federal appeals court in Chicago has ruled that President Donald Trump's administration cannot withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.
The decision by a three-judge panel of the 7th U.S. Circuit Court of Appeals Thursday says the administration exceeded its authority in establishing new conditions for cities to qualify for the grants.
The administration in July imposed a condition that cities receiving public safety grants must agree to inform federal agents when immigrants in the country illegally are about to be released from police detention.
All three judges agreed to the injunction Thursday, but one judge said it should be for Chicago only and not nationwide.

Court News 2018/04/19 12:00
Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.
The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.
The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.
Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.
In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.
Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.
It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain.

Legal Business 2018/04/18 17:06
President Donald Trump's personal attorney dropped a pair of libel lawsuits against BuzzFeed and investigation firm Fusion GPS amid the stir caused by an FBI search of the lawyer's files.
Michael Cohen had sued in New York City over publication of the unverified dossier detailing alleged ties between Trump and Russia. He dropped the suits late Wednesday amid a separate legal battle over the seizure of documents and electronic files from his home, office and hotel room last week in a federal investigation of possible financial fraud.
The dossier claims that Cohen met with Russian operatives in Europe for a meeting to "clean up the mess" over disclosures of other Trump associates' reported ties to Russia.
Cohen's attorney, David Schwartz, said Thursday the decision to abandon the suits was difficult.
"We believe the defendants defamed my client, and vindicating Mr. Cohen's rights was - and still remains - important," he said in a statement. "But given the events that have unfolded, and the time, attention and resources needed to prosecute these matters, we have dismissed the matters, despite their merits."
In a statement, BuzzFeed called the suit against it meritless.
"Today's news suggests that Donald Trump's personal lawyer no longer thinks an attack on the free press is worth his time," it said.
Fusion GPS said in a statement that it welcomed Cohen's decision.
"With his decision, it appears that Mr. Cohen can now focus on his many other legal travails," it said.

Legal Business 2018/04/17 17:07
Greece's highest court has imposed severe restrictions on the movements of one of eight Turkish servicemen who have applied for asylum in Greece after fleeing Turkey following a failed 2016 coup there, while he waits for a decision on his asylum application.
The Council of State ruled that the officer will remain at an undisclosed address, must appear daily at a local police station and cannot obtain travel documents until his asylum application is determined in May.
Courts had initially granted him asylum, but suspended the decision following a Greek government appeal.
The eight helicopter crewmen, who deny involvement in the attempted putsch, have become a bone of contention in increasingly souring Greek-Turkish relations. Turkey demands they be returned as coup plotters, but Greek courts have rejected the extradition requests.