The Latest: Colorado governor announces Supreme Court pick

Court Watch 2018/05/28 11:16   Bookmark and Share
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.
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Court program in Dona Ana County focuses on veterans

Court Watch 2018/05/14 11:19   Bookmark and Share
A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.

Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.

It's the first veterans court program in southern New Mexico

The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.

Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.
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Trump administration defends Keystone XL pipeline in court

Court Watch 2018/05/11 11:20   Bookmark and Share
Trump administration attorneys defended the disputed Keystone XL oil sands pipeline in federal court on Thursday against environmentalists and Native American groups that want to derail the project.

President Barack Obama rejected the 1,179-mile (1,800-kilometer) line proposed by TransCanada Corporation in 2015 because of its potential to exacerbate climate change.

President Donald Trump revived the project soon after taking office last year, citing its potential to create jobs and advance energy independence.

Environmentalists and Native American groups sued to stop the line and asked U.S. District Judge Brian Morris to halt the project. They and others, including landowners, are worried about spills that could foul groundwater and the pipeline's impacts to their property rights.

Morris did not immediately rule following a four-hour Thursday hearing in federal court in Great Falls.

U.S. government attorneys asserted that Trump's change in course from Obama's focus on climate change reflected a legitimate shift in policy, not an arbitrary rejection of previous studies of the project.

"While the importance of climate change was considered, the interests of energy security and economic development outweighed those concerns," the attorneys recently wrote.

Morris previously rejected a bid by the administration to dismiss the lawsuit on the grounds that Trump had constitutional authority over the pipeline as a matter of national security.

Keystone XL would cost an estimated $8 billion. It would begin in Alberta and transport up to 830,000 barrels a day of crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.

Federal approval is required because the route crosses an international border.

TransCanada, based in Calgary, said in court submissions that the pipeline would operate safely and help reduce U.S. reliance on crude from the Middle East and other regions.

The project is facing a separate legal challenge in Nebraska, where landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.

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Supreme Court again refuses to hear Blagojevich appeal

Court Watch 2018/04/10 17:05   Bookmark and Share
The Supreme Court for the second time has refused to hear an appeal by imprisoned former Illinois Gov. Rod Blagojevich of his corruption convictions.

The justices didn't comment Monday in letting stand the convictions and 14-year prison term the 61-year-old is serving. His scheduled release date is 2024.

Blagojevich's lawyers had wanted the high court to take up his case to make clear what constitutes illegal political fundraising. They argued that politicians are vulnerable to prosecution because the line between what's allowed and what's illegal is blurry.

His convictions included trying to extort a children's hospital for contributions and seeking to trade an appointment to the Senate seat Barack Obama vacated when he was elected president for campaign cash.

The court also refused to hear his 2016 appeal.


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Question of sales tax on online purchases goes to high court

Court Watch 2018/04/09 17:05   Bookmark and Share

Online shoppers have gotten used to seeing that line on checkout screens before they click "purchase." But a case before the Supreme Court could change that.

At issue is a rule stemming from two, decades-old Supreme Court cases: If a business is shipping to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax.

That means large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from customers who buy from them online. But other online sellers, from 1-800 Contacts to home goods site Wayfair, can often sidestep charging the tax.

More than 40 states are asking the Supreme Court to reconsider that rule in a case being argued Tuesday. They say they're losing out on "billions of dollars in tax revenue each year, requiring cuts to critical government programs" and that their losses compound as online shopping grows. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.

Large retailers want all businesses to "be playing by the same set of rules," said Deborah White, the president of the litigation arm of the Retail Industry Leaders Association, which represents more than 70 of America's largest retailers.

For years, the issue of whether out-of-state sellers should collect sales tax had to do mostly with one company: Amazon.com. The online giant is said to account for more than 40 percent of U.S. online retail sales. But as Amazon has grown, dotting the country with warehouses, it has had to charge sales tax in more and more places.

President Donald Trump has slammed the company, accusing it of paying "little or no taxes" to state and local governments. But since 2017, Amazon has been collecting sales tax in every state that charges it. Third-party sellers that use Amazon to sell products make their own tax collection decisions, however.

The case now before the Supreme Court could affect those third-party Amazon sellers and many other sellers that don't collect taxes in all states — sellers such as jewelry website Blue Nile, pet products site Chewy.com, clothing retailer L.L. Bean, electronics retailer Newegg and internet retailer Overstock.com. Sellers on eBay and Etsy, which provide platforms for smaller sellers, also don't collect sales tax nationwide.

States generally require consumers who weren't charged sales tax on a purchase to pay it themselves, often through self-reporting on their income tax returns. But states have found that only about 1 percent to 2 percent actually pay.

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Court: Man can't be retried for murder after mistrial ruling

Court Watch 2018/04/08 17:06   Bookmark and Share
Georgia's highest court says a man can't be retried for murder after the judge in his case declared a mistrial after about three hours of jury deliberations.

Jedarrius Treonta Meadows was on trial in September 2015 for the February 2014 shooting death of Damion Bernard Clayton in Macon.

The judge declared a mistrial after jurors said they weren't making progress and a bailiff said things had become contentious in the jury room. The defense objected, arguing that three hours of deliberation wasn't unreasonable.

The following month, the defense argued a retrial would violate Meadows' constitutional protection against double jeopardy. The judge rejected that in June.

The Georgia Supreme Court ruled Monday that the mistrial ruling was made "without sufficient factual support and without considering less drastic alternatives to terminating the trial."

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