Headline Legal News 2019/01/12 15:19
Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial.

Headline Legal News 2018/12/16 10:56
Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
Legislation concerning minorities in Greece was based on international treaties drawn up in the 1920s following the wars that broke out in the aftermath of the Ottoman empire's collapse. Civil cases involving the 100,000-strong Muslim minority in northeastern Greece were dealt with under Islamic law and presided over by a single official, a state-appointed Muslim cleric, or mufti.
But in January this year, the Greek parliament voted to limit the powers of Islamic courts. The new law, which was backed by the country's largest political parties, eliminated rules referring many civil cases involving members of the Muslim community to Sharia law. It had been brought to parliament following Sali's complaint.

Headline Legal News 2018/12/12 11:14
The Latest on the sentencing of Michael Cohen, a former lawyer for President Donald Trump (all times local):
The outspoken lawyer for porn star Stormy Daniels has turned up at the federal courthouse in Manhattan where Michael Cohen is scheduled to be sentenced for crimes including a hush-money payment to the performer.
Michael Avenatti represented Daniels in a legal dispute with Cohen in which she sought to be released from the non-disclosure agreement.
Avenatti has bashed Cohen for months on cable television, saying President Donald Trump's former lawyer deserves to go to prison.
Cohen's sentencing will begin Wednesday at 11 a.m.
Cohen pleaded guilty to evading $1.4 million in taxes, bank fraud and campaign finance violations.
Prosecutors say the $130,000 payment Cohen made to Daniels exceeded legal limits.
His lawyers say some of his crimes were motivated by overenthusiasm for Trump.
New York prosecutors have urged a judge to give Cohen substantial prison time.
Headline Legal News 2018/12/01 13:47
A Chinese court has reduced the prison sentence for former college football player and American citizen Wendell Brown from four years to three for his involvement in a bar fight, a rights monitoring group said Wednesday.
Brown, a native of Detroit who played for Ball State University in Indiana, had been teaching English and American football in southwest China when he was arrested in September 2016 and charged with intentional assault. He denied hitting a man at a bar and said he was defending himself after being attacked.
The San Francisco-based Dui Hua Foundation said Brown will be transferred from a detention center to a prison in the southwestern city of Chongqing, from where he can then apply for early release. He is now due to be set free on Sept. 24, 2019.
The court issued no official statement and an assistant judge in the case, reached by phone, directed inquiries to the court's management office, which did not immediately respond to faxed questions seeking comment.
Brown, 31, was convicted on June 28 and his reduction in sentence is one of an estimated 15 percent of appeals that are successful in China, Dui Hua said. Friends, family and supporters had hoped he would be immediately deported, as is allowed under Chinese law.
"While this is not the result we hoped for it is nevertheless the best that could be achieved," the group's executive director, John Kamm, said in an emailed statement.
"I salute the team of legal advisers and friends who have worked tirelessly to bring Wendell home. Dui Hua acknowledges the sympathetic handling of the case by the appellate judges in Chongqing," Kamm said.

Headline Legal News 2018/11/15 22:15
The Florida Supreme Court says it's OK for judges to be friends on Facebook with attorneys who have cases before them.
In a 4-3 decision, the justices ruled that a Facebook friend is more casual and not comparable to a "traditional" friendship in terms of a potential conflict of interest. The decision says that many Facebook friends are complete strangers.
The ruling settles a split between two Florida appeals courts on the question. The three dissenters argued that a judge having a Facebook friend as an attorney before him could undermine confidence in the neutrality of the courts.
And Justice Jorge LaBarga, while agreeing with the majority, said all judges should stay off Facebook, delete their account when becoming a judge or at least limit their social media friendships.
Headline Legal News 2018/11/03 22:31
An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge.
Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution.
Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it.
Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment.
Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status.
In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal proces.