Perry's indictment in hands of top Texas criminal court

Lawyer Blog Post 2015/11/19 22:12   Bookmark and Share
Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run.

After two hours of arguments, the Texas Court of Criminal Appeals gave no timetable for ruling whether Perry should face trial in the case that has dragged on since August 2014 — about five times longer than his second unsuccessful White House bid.

Perry didn't attend the crowded hearing in a courtroom behind his old Texas Capitol office, but his high-powered lawyers told judges that enough was enough.

"The danger of allowing a prosecutor to do this is mind-boggling," Perry attorney David Botsford said.

Perry is accused of misusing his power in 2013 when he vetoed funding for local prosecutors after Travis County District Attorney Rosemary Lehmberg, an elected Democrat, refused calls to resign following a drunken driving arrest. He was indicted a year later by a grand jury in liberal Austin and faces up to life in prison if convicted.

Perry has denounced the charges as a partisan attack. But in a lively back-and-forth with an eight-judge panel, all but one of whom is an elected Republican, Perry's legal team didn't raise claims of political retribution and instead framed the veto as a rightful constitutional power.

Special prosecutors say that's for a trial to determine — and not for the court to settle now. Judges met that with a tone of skepticism, with Republican Judge Kevin Yeary pressing at one point whether going through with a trial would be "wasting everyone's time."

Perry was originally indicted on two counts, but a lower court has already thrown out the other charge of coercion of a public servant. Prosecutors are asking the court to not only order a trial on the remaining charge but also reinstate the other one.
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Snowboarders fight ban at Utah resort in appeals court

Court News 2015/11/18 10:13   Bookmark and Share
A group of snowboarders who argue a ban on their sport at Utah's Alta Ski Area amounts to discrimination are set to present their case Tuesday to a federal appeals court in Denver.

The lawsuit, filed in early 2014, brought renewed attention to the long-festering culture clash on the slopes between skiers and snowboarders.

Alta lawyers have defended the ban, saying resort officials made a business decision to lure skiers to the private resort east of Salt Lake City with the promise of a snowboarder-free experience, and it's well within its rights to keep snowboards off the slopes.

The U.S. Forest Service, which approves a permit for Alta, has backed the ski area in the court battle.

The four snowboarders and their attorneys have countered that Alta doesn't have the right to keep snowboarders off public land designated by Congress for skiing and other sports. They point to 119 other ski resorts that operate on public land that allow snowboarding.

They take issue with Alta's claim that skiers find the slopes safer because they don't have to worry about being hit by snowboarders whose sideways stance leaves them with a blind spot. Alta's ban is irrational and based on stereotypes of snowboarders.

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State Supreme Court suspends Hawaii telescope permit

Attorney News 2015/11/18 10:12   Bookmark and Share
The Hawaii Supreme Court on Tuesday temporarily suspended a permit that allows a giant telescope to be built on a mountain many Native Hawaiians consider sacred.
 
The court granted telescope opponents' request for an emergency stay of the effectiveness of the permit until Dec. 2, or until another court order.

The ruling was issued as protesters were gathering on Mauna Kea in anticipation of blocking telescope work from resuming. Work has been stalled since April amid protests.

"Mahalo ke akua," Kealoha Pisciotta, a longtime telescope opponent and one of the plaintiffs challenging the permit, repeated several times after hearing about the ruling. "Thank God."

Telescope officials announced last week a crew would return to the site this month to do vehicle maintenance work but they wouldn't specify a date.

A representative for the project said that TMT will respect the court's decision and stand down until Dec. 2.

"The Supreme Court's decision will give all parties involved in the appeal sufficient time to respond to the motion," TMT spokesman Scott Ishikawa said in a statement late Tuesday night.

Gov. David Ige said he will be conferring with the attorney general and the Department of Land and Natural Resources to determine the state's next steps.

"They cannot legally do any work on Mauna Kea," said Richard Naiwieha Wurdeman, the plaintiffs' attorney who filed the emergency request late Monday after hearing news reports that telescope crews would be going to the mountain on Wednesday.


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NC court upholds teacher's molestation convictions

Court Watch 2015/11/18 10:11   Bookmark and Share
The North Carolina Court of Appeals has upheld last year's conviction of a former school teacher for molesting students repeatedly in the 1970s and 1980s.
 
The three-judge panel on Tuesday found no error in the trial of John Thomas Patterson of Mooresville. Patterson, who once worked at the former Mount Mourne Elementary School in Iredell County, is now serving life in prison.

Patterson had been a fourth-grade teacher at the school and resigned in the mid-1980s after the molestation accusations surfaced. Charges weren't filed until former students came forward at least 15 years later. About a dozen former students, now adults, ultimately testified at the trial.

The unanimous opinion rejected Patterson's appeal challenging both the jury instructions and the trial judge's refusal to dismiss the charges after evidence was presented.

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Rick Perry indictment goes before Texas' top criminal court

Court News 2015/11/18 10:11   Bookmark and Share
Former Texas Gov. Rick Perry wants the state's highest criminal court to dismiss felony charges against him that the Republican has partly blamed for his failed 2016 presidential bid.
 
The Texas Court of Criminal Appeals will hear arguments Wednesday about whether Perry should stand trial on charges of abusing his power while still governor. He's called the case a politically motivated attack that dampened his short-lived run for the White House.

A grand jury indicted Perry last year for making good on a threat to veto local funds after the Travis County district attorney refused to resign following a drunken-driving conviction.

Perry was originally indicted on two felony counts, but a lower court has already thrown out one of the charges. The court is not expected to rule immediately.
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Riley Williams & Piatt, LLC - Indiana Insurance Bad Faith Attorneys

Legal Business 2015/11/17 10:14   Bookmark and Share
Riley Williams & Piatt, LLC was founded as a firm committed to protecting individuals and small businesses that have been wronged by someone or something not following the basic rules of life and causing harm. From individuals injured by prescription drugs to defamed business owners, Riley Williams & Piatt, LCC stands ready to equalize the odds.

When you buy a homeowners' insurance policy or commercial property policy, you expect the insurance company to be on your side when disaster hits. Unfortunately, too often that is not the case. Unfortunately, in Riley Williams & Piatt’s years of representing individuals and businesses, we've seen first-hand how far insurance companies will go to avoid paying your legitimate claim.

With litigation skills and in-depth knowledge of the insurance industry, the attorneys at Riley Williams & Piatt represent individuals and businesses that have been victimized by bad faith tactics or insurance carriers.

If you have already had to file an insurance claim, chances are you already suffered enough. We work to help individuals and businesses make sure they don't suffer again wrongfully at the hands of their insurance company. Contact Riley Williams & Piatt for more information, or submit a Bad Faith insurance claim.

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