Court rejects Florida prison privatization appeal

Court Watch 2012/07/27 11:27   Bookmark and Share
An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.

A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.

"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.

Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.

One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets.
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Pa. high court denies Orie Melvin request

Court Watch 2012/07/20 11:54   Bookmark and Share
A Pennsylvania state Supreme Court justice who is fighting political corruption charges has lost a request for her fellow justices to intervene in her criminal court case and require that an out-of-county judge preside over it.

The state Supreme Court issued the one-page order denying the request from suspended Justice Joan Orie Melvin on Tuesday. Melvin had sought to keep Allegheny County judges from hearing her case, complaining that one Allegheny County judge is married to a key prosecution witness, Lisa Sasinoski.

Melvin also had objected to a local district judge presiding over her preliminary hearing, saying the case may be too complex. Melvin asked her colleagues on the state Supreme Court to intervene after an Allegheny County judge denied her initial request.
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NY court: Gay marriage caucus didn't break rules

Court Watch 2012/07/06 15:33   Bookmark and Share
A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.

The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.

The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.

"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.

New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law.
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Guilty plea in NY 'mini-al Qaida' cell case

Court Watch 2012/06/19 09:48   Bookmark and Share
A New Yorker accused of trying to start what prosecutors called "a mini al-Qaida cell" pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.

An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.

The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about "seeking out additional contacts within al-Qaida." The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.

Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida.
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NY court limits disclosure in old communist probe

Court Watch 2012/06/07 00:00   Bookmark and Share
New York's top court on Tuesday ordered the release of more names and records to a writer whose parents were targeted by anti-communist investigators in the New York City school system 57 years ago.

The Court of Appeals, however, is still excluding informants who were promised confidentiality. The seven judges unanimously said history may at some point overtake those promises and more completely peel back the veil of secrecy from that chapter in America's Red Scare.

"The story of the Anti-Communist Investigations, like any other that is a significant part of our past, should be told as fully and as accurately as possible, and historians are better equipped to do so when they can work from uncensored records," Judge Robert Smith wrote. "Perhaps there will be a time when the promise made ... is so ancient that its enforcement would be pointless, but that time is not yet."

Lisa Harbatkin's parents were among more than 1,100 teachers investigated from the 1930s to the 1960s. She has seen interview transcripts with names and personal information blacked out and is seeking complete documents under New York's Freedom of Information Law.

City officials opposed complete disclosure for privacy reasons, offering redacted documents unless those in question or their legal heirs agreed to disclosure. As an alternative, they offered Harbatkin complete accounts if she agreed not to publish the names, a condition she rejected.


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Report: LAPD seeks Manson family member recordings

Court Watch 2012/05/26 15:10   Bookmark and Share
Police want to review audio recordings of conversations between a Manson family member and his attorney as detectives search for information about unsolved killings.

Los Angeles detectives seeking the material are merely practicing due diligence after receiving a tip that the recordings and other items in the estate of now-deceased lawyer Bill Boyd, who once represented Charles "Tex" Watson, were becoming available, LAPD spokesman Andrew Smith said.

"This whole thing has gotten totally blown out of proportion," Smith said, commenting on a report that first appeared on KNBC-TV.

Homicide detective Dan Jenks and Lt. Yana Horvatich, who made the request, have no specific information on what might be in the recordings, but they want to examine them, Smith said.

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