Legal Insight 2019/10/09 11:20
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.
In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.
Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.
“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.
Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.
“You’re trying to change the meaning of ‘sex,’” he said.
Legal Insight 2019/10/02 12:05
LaWanda Clark told jurors Wednesday during Guyger's murder trial that she struggled with a crack cocaine addiction and that Guyger wrote her a ticket on the day of the drug bust. She says Guyger told her that the ticket could be the impetus to turn her life around.
While Clark was speaking, attorneys showed jurors a photo of Guyger attending Clark's graduation from a community drug treatment program.
Clark said Guyger treated her as a person, not as "an addict," and said she is now sober.
Guyger faces up to life in prison for the September 2018 shooting death of Botham Jean. She says she mistook Jean's apartment for her own, which was one floor below.
A high school friend who played in an all-female mariachi band with Amber Guyger says the former Dallas police officer feels "immense remorse" for fatally shooting a neighbor in his own apartment.
Maribel Chavez testified Wednesday that she met Guyger in ninth grade during orchestra practice. They later went on to play in a mariachi band, with Guyger playing violin and trumpet.
Chavez said Guyger is typically bubbly and extroverted, but that since she killed her neighbor, Botham Jean, in September 2018, "It's like you shut her light off."
She described her friend as selfless, caring and a protector of those around her.
Legal Insight 2019/09/29 23:22
A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.
Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.
The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.
U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution.
Legal Insight 2019/09/25 23:25
An Egyptian court has referred the case of seven defendants facing terrorism charges to the country's top religious authority, the Grand Mufti, for a non-binding opinion on whether they can be executed as the prosecution seeks.
The Cairo Criminal Court says Saturday the defendants are members of a local affiliate of the Islamic State group spearheading an insurgency in northern Sinai.
The men are part of 32 defendants accused of killing eight police, including an officer, when they ambushed a microbus in Cairo's southern suburb of Helwan in May 2016.
The verdict is set for Nov. 12, and the presiding judge may rule independently of the Mufti.
Egypt has battled an insurgency for years in the Sinai Peninsula that has occasionally spilled over to the mainland.
Legal Insight 2019/09/22 23:27
Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.
The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.
Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."
The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.
The cassation proceedings mean that the doctor's acquittal will not be called into question.
The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.
The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."
Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case.
Legal Insight 2019/09/10 14:40
State criminal court judges in New Orleans have asked a federal appeals court to reconsider its finding that they have a conflict of interest when deciding whether some defendants can pay fines and fees.
The fines and fees in question partially fund expenses of the New Orleans Criminal District Court.
The 5th U.S. Circuit Court of Appeals last month upheld a federal district judge who said the New Orleans judges must provide a “neutral forum” for determining whether a defendant can pay. The judges have asked, in a filing dated Friday, that the court grant a rehearing in the case. It’s unclear when the appeals court will rule on the request.
New justice formally joins Virginia Supreme Court
The Virginia Supreme Court has a new justice.
The Richmond Times-Dispatch reports Teresa Chafin, previously a judge on the Virginia Court of Appeals, formally joined the court Friday in a special session in Abingdon.
The General Assembly elected her in February. Chafin is the sister of state Sen. Ben Chafin, who lobbied on her behalf but didn't vote when the Senate confirmed her 36-0.
Chafin will serve a 12-year term. She's filling a vacancy created by the retirement of Justice Elizabeth McClanahan.