Texas court tosses criminal case against former Gov. Perry

Court Watch 2016/02/22 14:40   Bookmark and Share
The felony prosecution of former Texas Gov. Rick Perry ended Wednesday when the state's highest criminal court dismissed an abuse-of-power indictment that the Republican says hampered his short-lived 2016 presidential bid.

The 6-2 decision by the Texas Court of Criminal Appeals, which is dominated by elected Republican judges, frees Perry from a long-running criminal case that blemished the exit of one of the most powerful Texas governors in history and hung over his second failed run for the White House.

A grand jury in liberal Austin had indicted Perry in 2014 for vetoing funding for a public corruption unit that Republicans have long accused of wielding a partisan ax. The unit worked under Travis County District Attorney Rosemary Lehmberg, an elected Democrat. Perry wanted her to resign after she was convicted of drunken driving.

Perry was accused of using his veto power to threaten a public official and overstepping his authority, but the judges ruled that courts can't undermine the veto power of a governor.

"Come at the king, you best not miss," Republican Judge David Newell wrote in his concurring opinion, quoting a popular line from the HBO series "The Wire."

Perry has been campaigning for Republican presidential candidate Ted Cruz since becoming the first major GOP candidate to drop out of the race last year. He conceded to reporters in Austin on Wednesday that the indictments hurt his candidacy but didn't dwell on the impact, and said he would veto the same funding again if given the chance.

"I've always known the actions I took were not only lawful and legal, they were right," said Perry, who spoke at the headquarters of an influential Texas conservative think tank, which has previously christened its balcony overlooking downtown as the "Gov. Rick Perry Liberty Balcony."

The court said veto power can't be restricted by the courts and the prosecution of a veto "violates separations of powers." A lower appeals court had dismissed the other charge, coercion by a public servant, in July.

Perry had rebuked the charges as a partisan attack from the start, calling it a "political witch hunt," but the dismissal brought accusations of Republican judges doing a favor for a party stalwart. Texans for Public Justice, a left-leaning watchdog group that filed the original criminal complaint that led to the indictment, said Perry was handed a "gift" based on his stature.
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Connecticut's top court hears Kennedy cousin murder case

Court News 2016/02/19 14:41   Bookmark and Share
Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.

State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.

Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.

Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.

Prosecutors are appealing Bishop's decision to the Supreme Court.

Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.

But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.

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Court to weigh cocaine cases, could alter sentencing in Ohio

Legal Insight 2016/02/10 14:14   Bookmark and Share
Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.

The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.

A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.

The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only ? not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.

Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.

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Supreme Court puts Obama's climate change plan on hold

Legal Insight 2016/02/10 14:14   Bookmark and Share
A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.

The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.

The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.

Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.

Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.

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South African court hears case against president

Court Watch 2016/02/09 14:14   Bookmark and Share
The chant "Pay back the money" filtered into South Africa's highest court on Tuesday, as judges heard a case in which President Jacob Zuma is accused of violating the constitution in a scandal over state spending on his private home.
 
Inside court, lawyers argued before 11 judges over whether the president broke the law by failing to follow a 2014 recommendation from the state watchdog agency that he pay back some of the more than $20 million in security upgrades to his rural home.

Outside, several thousand opposition party supporters demonstrated against what they described as corruption by the head of state, shouting that he should return state money used to improve his private home.

Zuma's office, on Feb. 3, said he was willing to reimburse some money, an about-turn to his previous position that he did nothing wrong. His critics said he was trying to avoid the embarrassment of a court hearing and a repeat of last year's heckling during his State of the Nation address, to be held on Thursday.

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Court rejects AG Kane's request to reinstate law license

Court News 2016/02/08 14:14   Bookmark and Share
Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.

The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.

A Kane spokesman said the first-term Democrat was disappointed, but not surprised.

A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.

"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."

In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.

In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.

Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.

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