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Trial begins Monday in Kansas abortion stalking lawsuit
Legal News Digest |
2019/09/30 00:02
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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.
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Judge files order against lawyer with ties to Southern group
Legal News Digest |
2019/08/03 09:21
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An attorney who previously led the North Carolina chapter of a group that advocates for Southern secession has been ordered not to handle clients' money.
A Wake County judge filed an order that prohibits Harold Ray Crews of Walkertown from accepting or disbursing client funds. The order signed Monday says the North Carolina State Bar received information that Crews had mishandled money entrusted to him.
It also says that Crews wants to cooperate and won't appeal the order. As recently as 2017, Crews was chairman of the state chapter of the Alabama-based League of the South, which advocates for Southern secession.
After a violent white nationalist rally in Charlottesville, Virginia, Crews sought charges against DeAndre Harris, a black man who was severely beaten during the rally. A judge acquitted Harris.
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US court weighs if climate change violates children’s rights
Legal News Digest |
2019/06/05 12:18
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In a courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.
A Justice Department attorney warned three judges from the 9th U.S. Circuit Court of Appeals that allowing the case to go to trial would be unprecedented and open the doors to more lawsuits.
“This case would have earth-shattering consequences,” Assistant Attorney General Jeffrey Clark said.
He called the lawsuit “a direct attack on the separation of powers” and said the 21 young people who filed it want the courts to direct U.S. energy policy, instead of government officials.
The young people are pressing the government to stop promoting the use of fossil fuels, saying sources like coal and oil cause climate change and violate their Fifth Amendment rights to life, liberty and property.
The judges seemed to feel the enormity of the case, which the plaintiffs’ lawyer compared in scope to the U.S. Supreme Court’s Brown v. Board of Education ruling that mandated desegregation of schools in the 1950s.
If the case moves forward, the judiciary would be “dealing with different branches of government and telling them what to do,” said Judge Andrew Hurwitz, instead of issuing court orders telling officials to stop doing something deemed unconstitutional.
The dire threat to people, particularly the young, demands such action, said Julia Olson, chief legal counsel for Our Children’s Trust, which is representing the plaintiffs. |
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DC-area sniper shootings case to have Supreme Court hearing
Legal News Digest |
2019/03/19 12:15
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The Supreme Court on Monday agreed to consider Virginia’s plea to reinstate the life-without-parole sentence of a man who as a teenager participated in sniper shootings that terrorized the Washington, D.C., region in 2002.
The justices said they will take up the state’s appeal in the case of Lee Boyd Malvo, who was 17 when he and John Allen Muhammad fatally shot 10 people in Maryland, Virginia and Washington. Malvo was sentenced to life-without-parole terms in Virginia and in Maryland. Muhammad, who was 41 at the time of the shootings, was sentenced to death and was executed in 2009.
Malvo was sentenced to four life terms for crimes he committed in Virginia. But the U.S. Court of Appeals for the 4th Circuit ruled last year that while Malvo’s life-without-parole sentences were legal when they were imposed, Supreme Court decisions that followed altered sentencing requirements for juvenile offenders.
The appeals court judges said a resentencing would determine whether Malvo qualifies as “one of the rare juvenile offenders” who can be sentenced to life without the possibility of parole because his “crimes reflect permanent incorrigibility.” They said if his crimes instead “reflect the transient immaturity of youth,” he is entitled to a sentence short of life without parole.
The Supreme Court will review that decision. As is typical, the justices did not make any comment in agreeing to hear the case, which will be argued in the fall.
Regardless of what the Supreme Court decides, it is unlikely that Malvo would get out of prison anytime soon. He isn’t currently getting a new sentencing hearing in Maryland, where he struck a plea deal and was sentenced to six life-without-parole prison terms for shootings that took place in that state.
A judge previously ruled that Malvo would not get new sentencing hearings in Maryland. Malvo, who has been serving his sentences at Red Onion State Prison in Pound, Virginia, has appealed. |
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Dominion to ask Supreme Court to hear pipeline appeal
Legal News Digest |
2019/02/26 09:33
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Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday. |
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