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Ohio high court shields full autopsy reports in slaying of 8
Lawyer Blog Updates |
2017/12/14 11:04
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A divided Ohio Supreme Court on Thursday rejected requests for unredacted autopsy reports from the unsolved slayings of eight family members.
The court ruled 4-3 that the Pike County coroner in southern Ohio does not have to release the reports with complete information.
Chief Justice Maureen O'Connor, writing for the majority, said Ohio law regarding coroner records clearly exempts the redacted material as "confidential law enforcement investigatory records."
The case before the court involved seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon, in rural southern Ohio, on April 22, 2016.
Heavily redacted versions of the autopsy reports released last year showed all but one of the victims were shot multiple times in the head, but details about any other injuries and toxicology test results weren't released.
Once a criminal investigation ends, confidential information in autopsy reports can become public records, but the process leading to a suspect can sometimes take time, O'Connor wrote.
"In order that justice might be delivered to all, patience may be required of some," the chief justice said.
The Columbus Dispatch and The Cincinnati Enquirer separately sued for access to the full final autopsies. The Ohio Attorney General's Office, which is leading the investigation, sought to shield the information, arguing that its release could compromise the investigation.
Jack Greiner, an attorney representing the newspapers, called the majority's decision "a classic case of the court making up its mind on how it wanted the case to come out and then finding a path there." He said the ruling sets a negative precedent that will allow police to put whatever they want under the "investigatory records" umbrella. |
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Liberia court says presidential runoff vote can go ahead
Lawyer Blog Updates |
2017/11/24 11:07
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Liberia's supreme court has cleared the way for the presidential runoff election to go forward, saying there was not enough evidence to support allegations of fraud.
The second-round vote between soccer star George Weah and Vice President Joseph Boakai had been put on hold after the Liberty Party alleged first-round voting irregularities.
But the court said Thursday those violations were not sufficient to overturn the vote's outcome.
No date has been set for the runoff vote. The National Elections Commission has been ordered to clean up its voter roll.
The Liberty Party's candidate was not among the top two finishers in the first round held Oct. 10.
Voters are choosing a replacement for President Ellen Johnson Sirleaf, Africa's first female leader and a Nobel Peace Prize laureate.
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Court agrees to take on US-Microsoft dispute over emails
Lawyer Blog Updates |
2017/10/22 23:52
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The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.
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Trump nominates White House lawyer to important court seat
Lawyer Blog Updates |
2017/09/08 02:18
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President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.
Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.
He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.
Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.
So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.
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French Designer Wins Court Case in Dispute with Brad Pitt
Lawyer Blog Updates |
2017/08/17 09:49
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A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.
But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.
Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.
Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.
The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.
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