Court Watch 2013/08/15 09:59
The California Supreme Court refused Wednesday to halt gay marriages in the state, leaving opponents of same-sex weddings few if any legal options to stop the unions.
The brief, unanimous ruling tossed out a legal challenge by ban supporters without addressing their legal arguments in support of Proposition 8, a ballot measure passed by voter in 2008 that banned gay marriage.
Austin R. Nimocks, an attorney for Alliance Defending Freedom, a group that wants to end gay marriage, said the ruling does not end the debate in California. He called on lawmakers to ban gay marriage but declined to say whether a legal challenge will be filed.
"Though the current California officials are unwilling to enforce the state constitution, we remain hopeful that one day Californians will elect officials who will" he said.
Supporters of gay marriage were girding for a continued fight.
"By now, I suppose we know better than to predict that Prop 8 proponents will actually give up their fight," San Francisco City Attorney Dennis Herrera said. "But it's certainly fair to say that their remaining legal options are increasingly absurd."
The state high court ruling came about two months after the U.S. Supreme Court refused to consider the issue, leaving in place a lower-court ruling that struck down the ballot measure as unconstitutional.

Court Watch 2013/07/17 20:23
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.
State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.
Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.
Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.
Court Watch 2013/05/22 10:50
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
Court Watch 2013/05/09 23:37
Local governments in California's have legal authority to ban storefront pot shops within their borders, California's highest court ruled on Monday in an opinion likely to further diminish the state's once-robust medical marijuana industry.
Nearly 17 years after voters in the state legalized medical marijuana, the court ruled unanimously in a legal challenge to a ban the city of Riverside enacted in 2010.
The advocacy group Americans for Safe Access estimates that another 200 jurisdictions statewide have similar prohibitions on retail pot sales. Many were enacted after the number of retail medical marijuana outlets boomed in Southern California after a 2009 memo from the U.S. Justice Department said prosecuting pot sales would be a low priority.
However, the rush to outlaw pot shops has slowed in the 21 months since the four federal prosecutors in California launched a coordinated crackdown on dispensaries by threatening to seize the property of landlords who lease space to the shops. Hundreds of dispensary operators have since been evicted or closed voluntarily.
Marijuana advocates have argued that allowing local government to bar dispensaries thwarts the intent of the state's medical marijuana law - the nation's first - to make the drug accessible to residents with doctor's recommendations to use it.

Court Watch 2013/03/25 15:12
Hong Kong's top court ruled against two Filipino domestic helpers seeking permanent residency Monday, the final decision in a case that affects tens of thousands of other foreign maids in the southern Chinese financial hub.
In a unanimous ruling, the Court of Final Appeal sided with the government's position that tight restrictions on domestic helpers mean they don't have the same status as other foreign residents, who can apply to settle permanently after seven years. Lawyers for the two had argued that an immigration provision barring domestic workers from permanent residency was unconstitutional.
The court also rejected the government's request for Beijing to have the final say in the matter, which had sparked fears of interference by China's central government in the semiautonomous region. Some saw the request as a backhanded attempt by the government to get Beijing to halt the flow of another group of unwanted migrants - children of mainland Chinese parents - while putting the city's prized judicial independence at risk.

Court Watch 2013/02/08 13:13
An Illinois man charged with plotting to firebomb dozens of churches in northeastern Oklahoma with Molotov cocktails will be tried in federal — not state — court, authorities announced Wednesday.
A federal grand jury indictment unsealed Wednesday charges 24-year-old Gregory Arthur Weiler II of Elk Grove Village, Ill., with one count of possessing an unregistered, destructive device — a crime punishable by up to 10 years in prison and up to a $250,000 fine, said Joseph F. Wilson, the criminal chief for the U.S. attorney's office in the northern district of Oklahoma.
State charges against Weiler were dropped Wednesday after he was taken into federal custody, Ottawa County District Attorney Eddie Wyant said.
Weiler had been jailed in Miami, Okla., since October, when authorities arrested and charged him with threatening to use an explosive or incendiary device and violating Oklahoma's anti-terrorism law. Investigators say Weiler had instructions for making Molotov cocktails, a list of 48 churches and a written outline of a plan to bomb churches.
Authorities were tipped to the alleged plot after a maintenance man at the motel where Weiler was staying noticed a green duffel bag in a trash bin outside the building and found bottles with cloth wicks attached with duct tape inside. He also noticed an empty gas can in the bin.
