Legal Insight 2019/11/11 13:23
A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.
Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.
The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.
Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.
“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”
The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.
The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas.
Legal Insight 2019/11/09 13:23
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.
The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.
Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.
The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."
Lawyer Blog Post 2019/11/04 07:02
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.
Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.
The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.
As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.
The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.
Lawyer Blog Post 2019/11/02 10:04
When a court case is ending, a judge often lists what a defendant needs to do and know.
It can include contacting a probation agent, not possessing a gun or avoiding the use of drugs or alcohol.
One routine item usually on the list is paying court costs, which can total hundreds of dollars or more. Failing to pay could land the defendant in jail.
Orders to jail for nonpayment are called arrest warrant commitments, authorizing "that a defendant be arrested and detained until a fine is paid or discharged by due course of law," according to Rock County's website .
"A lot of this happens outside of anybody's view," said Eric Nelson, a recently retired assistant public defender who worked in Rock County for nearly 40 years.
"Broadly speaking, it's a debtor's prison," he told The Janesville Gazette. It's coming to an end. All seven Rock County circuit judges recently signed an order that should substantially cut the number of people put in jail because they can't pay such fines.
The result should be fewer people incarcerated only because they're poor.
Legal Insight 2019/11/02 07:02
Georgia's Supreme Court has overturned the murder convictions of a man found guilty of intentionally running over a woman with his car.
The Atlanta Journal-Constitution reports the court reversed 28-year-old Dewey Calhoun Green's 2015 malice and felony murder convictions on Thursday. The court said key witness testimony that may've affected the jury's verdict was excluded from trial. It's unclear whether the case will be retried.
Prosecutors previously argued that Green rear-ended 53-year-old Janice Pitts' SUV before backing up and intentionally running her over as she surveyed the damage.
The newspaper reports an accident reconstructionist who had planned on testifying the crash could've been unintentional wasn't permitted to take the stand because the defense didn't submit written reports of his opinions. The court now says he was erroneously barred from testifying.
Lawyer Blog Post 2019/10/27 07:04
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.
But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.
Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.
The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.
U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.
At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.