Legal Business 2019/03/04 12:56
A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.
A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.
Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.
The State Health Plan covers more than 700,000 employees, retirees and their dependents.
Legal Business 2019/03/02 12:57
A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.
He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.
Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.
Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."
He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."
The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.
His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.
Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."
Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.
In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.
The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.
Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News.
Legal Business 2019/02/21 09:28
The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court.
Legal Business 2019/02/16 09:25
A Wisconsin judge's decision to become Facebook friends with a woman whose child custody case he was hearing created at least the appearance of bias, a state appeals court ruled Wednesday in ordering the case to be re-heard by another judge.
The case, which is the first of its kind in the state, contemplates whether judges' use of social media can compromise them. In its ruling, the 3rd District Court of Appeals didn't lay out any bright-line rules for judges, but it warned them to use caution when engaging with people online to avoid the appearance of impropriety.
"We caution that judges should recognize that online interactions, like real-world interactions, must be treated with a degree of care," appellate Judge Mark Seidl wrote in the ruling.
According to court documents, Angela Carroll filed a motion in Barron County in 2016 to adjust a custody arrangement she had reached with her son's father, Timothy Miller. She demanded sole legal custody, primary placement of the boy and an order forcing Miller to pay child support. She argued Miller had abused her, an accusation Miller denied.
The case landed with Judge Michael Bitney. Three days after Carroll and Miller submitted their final written arguments in 2017, Bitney accepted a Facebook friend request from Carroll.
She proceeded to like 18 of the judge's posts and commented on two of them. None of the posts were directly related to the pending custody case. Bitney didn't like or comment on any of Carroll's posts and didn't reply to her comments. He didn't deny reading them, however.
Carroll also shared one third-party photograph related to domestic violence. Nothing suggests the judge ever saw it, but the post could have appeared on his newsfeed, according to the documents.
Legal Business 2019/02/13 02:09
A former West Virginia Supreme Court justice who had a $32,000 blue suede couch in his office and was at the center of an impeachment scandal is due in federal court for sentencing for using his job for his own benefit.
Allen Loughry is scheduled to be sentenced Wednesday in U.S. District Court in Charleston.
Loughry was found guilty of 11 of the 22 charges at his October trial. Most of the charges involved mail and wire fraud involving his personal use of state cars and fuel cards. The judge last month threw out a witness tampering conviction.
Prosecutors are seeking a sentence above the guideline range of 15 to 21 months along with a fine between $7,500 and $75,000.
In a memorandum Monday, prosecutors said Loughry had an "unbridled arrogance" as a Supreme Court justice. They said Loughry's testimony exposed him as a liar and he has shown no remorse for his conduct.
"Corruption is a cancer that erodes the public's confidence in the government and undermines the rule of law," the memorandum said.
Loughry, who wrote a 2006 book while he was a Supreme Court law clerk about the history of political corruption in the state, was removed as chief justice last February. He was then suspended from the bench in June and resigned in November.
At trial, Loughry denied he benefited personally from trips he took when he became a justice in 2013. He said he used state-owned vehicles made available to the justices for what he said was a variety of reasons, including public outreach.
But Assistant U.S. Attorney Philip Wright said records showed Loughry took a government car to a wedding, four signings for his book, and "loads it up with Christmas presents" to visit relatives. A neighbor testified she saw Loughry pack presents in a car with a state government license plate around the holidays.
Loughry also was convicted of lying to federal investigators by saying he was unaware about the historical significance and value of a $42,000 state-owned desk that he had transferred to his home. He returned the desk and a green leather couch owned by the state after media reports about it.
Legal Business 2019/02/01 11:05
The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.