|
|
|
Court fight over lost dog survives after dog's owner dies
Headline Legal News |
2020/02/09 19:29
|
A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.
The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.
Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.
A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.
Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.
The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration. |
|
|
|
|
|
|
Wood County commissioner reprimanded by Supreme Court
Headline Legal News |
2020/01/28 10:49
|
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.
The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.
The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.
During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said. |
|
|
|
|
|
|
Court takes another look at Native American adoption law
Headline Legal News |
2020/01/22 16:14
|
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
|
|
|
|
|
|
Kentucky lawmaker Harris to run for state Supreme Court
Headline Legal News |
2020/01/06 10:51
|
A state representative from eastern Kentucky says he is running for the state’s Supreme Court.
News outlets report that state Rep. Chris Harris, a Democrat who represents District 93, said in a statement that he plans to run for a seat in the 7th District of the Supreme Court of Kentucky.
Harris has served in Kentucky’s House of Representatives since 2015. He previously served as a Pike County magistrate and president of the Kentucky Association of Counties.
Harris also has had a private law practice for nearly 25 years. The 7th District covers 22 counties in eastern Kentucky.
Supreme Court rejects death row inmate’s appeal
The Nebraska Supreme Court has rejected the latest appeal of a Texas man on Nebraska’s death row for killed two Grand Island men in 2007.
Marco Torres Jr., formerly of Pasadena, Texas, had sought post-conviction relief for a third time after being sentenced to death for two counts of first-degree murder and other counts in the robbery and shooting deaths of 48-year-old Timothy Donohue and 60-year-old Edward Hall. In his latest appeal, Torres argued that his death sentence should be converted to life in prison based on the Legislature’s vote to repeal the state’s death penalty in 2015. Nebraska voters later reinstated the death penalty.
Torres argued in the appeal that the referendum process to reinstate Nebraska’s capital punishment and his death sentence amounted to violations of his constitutional due process rights and against cruel and unusual punishment.
The state’s high court on Friday rejected Torres’ arguments, saying it found no merit to his claims.
|
|
|
|
|
|
|
Court: Washington drivers must use turn signals to turn
Headline Legal News |
2019/12/28 17:32
|
The state Supreme Court has unanimously ruled that drivers must use their signal every time they turn or change lanes on a roadway.
Thursday’s ruling reverses a Court of Appeals ruling that said a signal is required only when public safety is affected. The high court ruled that the plain language of the law requires drivers “to ensure turns and lane changes are done safely and with an appropriate turn signal."
The ruling was issued in the case of David Brown, who was arrested for driving under the influence in Kennewick in March 2015. State patrol officers pulled him over after he briefly turned on his left turn signal while approaching a light in a designated left turn lane but turned it off and did not reactivate it while at the light or making the turn. He was arrested after his breath test showed .26 breath alcohol content, more than triple the legal limit.
Brown had argued that the evidence of the breath test should be suppressed because the underlying traffic stop was without cause, and a lower court agreed and dismissed the case. The only issue before the Supreme Court was whether Brown violated traffic laws. The case now goes back to the lower courts to proceed in accordance with the high court's guidance on the initial stop. |
|
|
|
|
|
Legal News RSS Feed
