Lawyer Blog Post 2018/08/06 12:50
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.
Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.
The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.
Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.
Lawyer Blog Post 2018/07/08 00:39
The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."
Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.
"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.
The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.
Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.
In Phoenix on Friday, the Honduran boy named Johan waited over an hour to see the judge. His attorney told Richardson that the boy's father had brought him to the U.S. but that they had been separated, although it's unclear when. He said the father, who was now in Honduras, was removed from the country under false pretenses that he would be able to leave with his son.
For a while, the child wore dress shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterward for the few seconds that a worker handed him to another person while she gathered his diaper bag. He is in the custody of the U.S. Health and Human Services Department in Arizona.
Lawyer Blog Post 2018/07/06 15:40
The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.
Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.
Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.
On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.
Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.
Lawyer Blog Post 2018/07/01 16:46
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.
The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.
He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”
The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.
The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.
In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.
Lawyer Blog Post 2018/06/27 16:40
South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.
GOP delegates voted to nominate Ravnsborg at their state party convention, where the attorney general contest was the main show for attendees. Democrats nominated Seiler as their candidate at a party gathering last week.
Ravnsborg won out over state Sen. Lance Russell in a second round of voting after Lawrence County State's Attorney John Fitzgerald was dropped from consideration following his third-place showing in the initial ballot.
"We've been working hard," Ravnsborg said after he won. "I've been to every county in our state at least twice."
Ravnsborg has proposed expanding programs that allow lower-level prisoners to work while serving their sentences and establishing a meth-specific prison and mental health facility in the western part of the state. He said he has leadership and management experience and touted his support among county sheriffs to delegates.
Ravnsborg, 42, of Yankton, is a lieutenant colonel in the U.S. Army Reserve. He's looking to succeed outgoing Attorney General Marty Jackley as the state's chief lawyer and law enforcement officer.
The high-profile office has served as a frequent springboard for gubernatorial hopefuls and takes on the state's top legal cases, such as South Dakota's recent successful push to get the U.S. Supreme Court to allow states to make online shoppers pay sales tax.
Russell, a former state's attorney and current chairman of the Senate Judiciary Committee, had said he wanted to be attorney general to address rising crime and improve government transparency. Fitzgerald has been the Lawrence County state's attorney since 1995 and campaigned on his experience.
Lawyer Blog Post 2018/06/22 16:49
The man charged with murdering eight people on a New York City bike path and injuring many more spoke out in court Friday over a prosecutor's objection, invoking "Allah" and defending the Islamic State.
Sayfullo Saipov, 30, raised his hand to speak immediately after U.S. District Judge Vernon S. Broderick set an Oct. 7, 2019 date for the Uzbek immigrant's trial.
Earlier, he had pleaded not guilty through his lawyer to the latest indictment in the Oct. 31 truck attack near the World Trade Center. A prosecutor said the Justice Department will decide by the end of the summer whether to seek the death penalty against Saipov, who lived in Paterson, New Jersey, before the attack.
Speaking through an interpreter for about 10 minutes, Saipov said the decisions of a U.S. court were unimportant to him. He said he cared about "Allah" and the holy war being waged by the Islamic State.
At the prompting of Assistant U.S. Attorney Amanda Houle, Broderick interrupted Saipov to read him his rights, including that anything he said in court could be used against him.
"I understand you, but I' m not worried about that at all," Saipov said.
"So the Islamic State is not fighting for land, like some say, or like some say, for oil. They have one purpose, and they're fighting to impose Sharia (Islamic law) on earth," he said.
After Saipov spoke more, Assistant U.S. Attorney Andrew Beaty interrupted him to object that the judge was letting Saipov make the kind of statement publicly that special restrictions placed on him in prison would otherwise prevent, including discussing "terrorist propaganda."
The judge said he believed Saipov was nearing the end of his remarks and let him finish before warning him that he was unlikely to let him speak out in court again in a similar manner. Saipov, though, would be given a chance to testify if his case proceeds to trial and, if convicted, could speak at sentencing.
Saipov thanked the judge for letting him speak but added at one point: "I don't accept this as my judge."
Prosecutors had been seeking an April 2019 trial date. Houle said the families of the dead and the dozens who were injured deserve a "prompt and firm trial date."
"The victims here are anxious now when that trial is going to be," she said. "The public deserves a speedy trial, and the surviving victims deserve to know when that trial is going to be."
Defense lawyers have said the government should accept a guilty plea and a sentence of life in prison without parole to provide victims' families and the public with closure.