Legal Insight 2019/12/26 09:01
The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.
Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.
It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.
“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”
The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.
“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.
Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.

Legal Business 2019/12/23 09:02
An Albuquerque man’s convictions in the beating and fatal stabbing of his ex-wife’s husband will stand.
Terry White is serving life in prison plus 12 years for the December 2016 death of Don Fluitt. Fluitt’s body was found in the garage of his northwest Albuquerque home amid a custody battle with his ex-wife over his then-11-year-old daughter.
White’s attorneys had argued the evidence wasn’t sufficient to convict White of first-degree murder, aggravated burglary and tampering with evidence.
The state Supreme Court disagreed in a ruling Monday, saying the evidence was overwhelming.
The justices also said the trial court properly allowed testimony from a Navajo County, Arizona, sheriff’s deputy who said he believed White was attempting to commit suicide at a truck stop in Holbrook, Arizona.
The deputy approached White after seeing a blue hose leading from the exhaust inside White’s vehicle and towels stuffed in the windows. The deputy took White into custody when he discovered White had a warrant for his arrest.
White’s attorney argued the deputy’s testimony was speculative, but the high court said the jury reasonably could have inferred that White was attempting suicide.
White was charged in Fluitt’s death after his DNA was found under Fluitt’s fingernails.

Lawyer Blog Post 2019/12/21 09:01
America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes.
“Nobody ever went to a ballgame to see the umpire,” Roberts said.
His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial. He will be in the national spotlight, but will strive to be like that umpire ? doing his best to avoid the partisan mire.
“He’s going to look the part, he’s going to play the part and he’s the last person who wants the part,” said Carter Phillips, who has argued 88 Supreme Court cases, 43 of them in front of Roberts.
He has a ready model he can follow: Chief Justice William Rehnquist, who never became the center of attention when he presided over President Bill Clinton’s Senate trial.
As Roberts moves from the camera-free, relative anonymity of the Supreme Court to the glare of television lights in the Senate, he will have the chance to demonstrate by example what he has preached relentlessly in recent years: Judges are not politicians.

Court Watch 2019/12/18 09:22
The U.S. Supreme Court on Monday left a lower court ruling in place that struck down a law making it a crime to sleep in public places when homeless shelter space is unavailable.
A federal appeals court had ruled that the anti-camping ordinance in Boise, Idaho, was cruel and unusual punishment, violating the Constitution's Eighth Amendment. "A state may not criminalize conduct that is an unavoidable consequence of being homeless," the appeals court said.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
Lawyers for the city argued that Boise wanted to enforce the ordinance "in the parks, foothills, and other public areas not just to keep them safe and sanitary but also to allow users to utilize the public spaces as they were intended to be used." Supporters of the law said people sleeping on the streets are unsafe and make residents feel less safe.
Lawyer Blog Post 2019/12/18 09:20
From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.
The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.
Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.
Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.
After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala.

Lawyer Blog Post 2019/12/16 09:19
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.
Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.
Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.
“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "
Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”
Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.
