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California court invalidates law requiring Trump tax returns
Lawyer News | 2019/11/21 11:55
President Donald Trump does not have to disclose his tax returns to appear as a candidate on California’s primary ballot next spring, the state Supreme Court ruled unanimously Thursday.

The law, the first of its kind in the nation and aimed squarely at Trump, violates a specification of the state constitution calling for an “inclusive open presidential primary ballot,” the court said.

“Ultimately, it is the voters who must decide whether the refusal of a ‘recognized candidate throughout the nation or throughout California for the office of President of the United States’ to make such information available to the public will have consequences at the ballot box,” Chief Justice Tani Cantil-Sakauye wrote in the 7-0 decision.

Trump has broken with tradition among presidential candidates by refusing to disclose his financial information.

A U.S. judge had temporarily blocked the state law in response to a different lawsuit, and the high court ruled quickly because the deadline to file tax returns to get on the primary ballot is next week.

The state Republican Party and chairwoman Jessica Millan Patterson challenged the bill signed into law this year by Democratic Gov. Gavin Newsom because it singled out Trump.


Woman accused of disorderly conduct outside Maricopa court
Lawyer News | 2019/11/04 07:01
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.

Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.

The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.

As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.

The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.


Supreme Court takes up case over quick deportations
Lawyer News | 2019/10/16 20:36
The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.

The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.

The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.

The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.

He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.

He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.


Bulgarian court to eye revoking parole for Australian man
Lawyer News | 2019/09/19 23:30
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.

The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.

The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.

The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.

Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.

The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.

Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole.


Dominion to ask Supreme Court to hear pipeline appeal
Lawyer News | 2019/02/26 09:09
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.


Wisconsin court: Judge's Facebook friendship could show bias
Lawyer News | 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.


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