Court: Ex-West Virginia judge ineligible for benefits

Legal Business 2018/02/10 18:49   Bookmark and Share
The West Virginia Supreme Court has ruled a former judge serving a corruption sentence and his ex-wife are not eligible for public retirement benefits.

The Charleston Gazette-Mail reports the court Friday affirmed a 2017 ruling from Kanawha County circuit court to terminate ex-Mingo County Circuit Judge Michael Thornsbury's membership in retirement systems for public employees and judges.

The justices also denied access by Thornsbury's ex-wife to the benefits she previously were awarded as part of the couple's divorce settlement.

Thornsbury was sentenced in 2014 to four years and two months in federal prison for conspiring to deprive a campaign sign maker of his constitutional rights..

Thornsbury is being held in a federal residential re-entry facility in Nashville, Tennessee, pending his scheduled release on March 15.

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Judge to pick battlefield for court fight over Manson's body

Legal Business 2018/01/28 11:33   Bookmark and Share
Charles Manson orchestrated murders in his adopted hometown of Los Angeles, served time in a state prison in Corcoran and died in a hospital in Bakersfield.

The legal battle for his body or possessions could land in any of three California counties where those cities are located as friends and purported kin wage a court fight Friday that includes nasty accusations about profiteering off the death of the cult leader.

At least three parties have staked claims to collect Manson's body from the Kern County morgue two months after he died and take control of any assets, which could include potentially lucrative rights to the use of his image and songs he wrote and any other property.

"It's a circus show," said a frustrated Ben Gurecki, one of two pen pals who hold dueling wills allegedly signed by Manson. "It's despicable that I'm still sitting here 60 days later and I can't get my friend cremated."

But first a Los Angeles Superior Court judge must decide which court takes up the separate issues of Manson's remains and his estate.

A Florida man, Jason Freeman, claims he's a grandson and the rightful heir and that the killer left no will. He's been challenged in Los Angeles by Michael Channels, another pen pal and collector of Manson memorabilia, who holds a will bearing what appears to be Manson's signature and names him as executor and sole beneficiary.

Gurecki, who like Channels also sells Manson mementos to fans of so-called murderabilia, has filed a will with the Kern County coroner's office bearing Manson's purported signature. It names Gurecki as executor and leaves everything to his "one living child," Matthew Lentz, a Los Angeles musician. Lentz and Gurecki have yet to file the will in court.
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Hong Kong court to rule later on 3 activists' prison terms

Legal Business 2018/01/26 11:31   Bookmark and Share
Three Hong Kong activists will have to wait to learn the outcome of their final appeal Tuesday to overturn prison sentences for their roles in sparking 2014's massive pro-democracy protests in the semiautonomous Chinese city.

Judges at Hong Kong's top court said they would issue their decision at a later, unspecified date following the appeal hearing for Joshua Wong, Nathan Law and Alex Chow against the sentences of up to eight months. Bail for the three was extended.

The three were initially let off with suspended or community service sentences after they were convicted of taking part in or inciting an unlawful assembly by storming a courtyard at government headquarters to kick-off the protests.

But the case sparked controversy when the justice secretary requested a sentencing review that resulted in stiffer sentences, raising concerns about rule of law and fears that the city's Beijing-backed government is tightening up on dissent.

The trio's lawyers said the lower court overstepped its boundaries and put too much emphasis on the need for deterrence in handing down the revised harsher sentence.

"Laying down a heavy sentence will have a deterrent effect, but a balance has to be held between a deterrent and stifling young idealistic people," Law's lawyer, Robert Pang, told the judges.

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Supreme Court: Water rule suits should begin in trial courts

Legal Business 2018/01/22 11:32   Bookmark and Share
Opponents of an Obama administration rule aimed at protecting small streams and wetlands from development and pollution now know which courts should be hearing their lawsuits.

The Supreme Court ruled unanimously Monday that litigation over the rule should begin in the lowest level of federal courts, not in the federal courts of appeal. The rule has never taken effect because of lawsuits and is now under review by President Donald Trump's administration.

The 2015 rule sought to settle a debate over which waterways are covered under the Clean Water Act. The debate has dragged on for years and remained murky despite two Supreme Court rulings.

President Barack Obama's administration redefined "waters of the United States" protected under the act to include smaller creeks and wetlands.

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Idaho man upset with court tries to crash into courthouse

Legal Business 2017/12/09 10:18   Bookmark and Share
Authorities say an Idaho man tried to crash a car into a courthouse in downtown Boise because he was upset with the court system.

The Ada County Sheriff's office says 37-year-old Jonathan Joseph Locksmith drove toward the courthouse in the state's capital city Sunday morning.

According to authorities, Locksmith apparently made it onto the courthouse plaza in the car, spinning it around in a "doughnut" before landing the vehicle in a fountain. There were no injuries reported.

Locksmith has been arrested on a misdemeanor reckless driving charge and is now in jail.  It's unclear if he has an attorney.

The sheriff's office says Locksmith told a passer-by that he was upset with the court system and wanted to be arrested to go back to jail.
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Arkansas judge blocks state from issuing birth certificates

Legal Business 2017/12/04 10:19   Bookmark and Share
An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state's birth certificate law illegally favors heterosexual parents.

Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court's order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox's mediation order.

"This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional," Fox wrote in his order. "There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis."

Fox last month had threatened to halt the issuance of birth certificates if both sides couldn't find language by Jan. 5 to be stricken from the law. Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. A spokeswoman for Rutledge said the AG's office was reviewing Fox's order and did not have an immediate comment.

In his order, Fox said he was hopeful Gov. Asa Hutchinson would have the authority to fix the birth certificate law through executive action. If the state is unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue. Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session.

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