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Ill. high court rejects intervention on state paychecks
Legal Center |
2015/07/20 09:29
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The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.
The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.
Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.
A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.
A St. Clair County judge decreed it would violate the Constitution not to pay them.
State Comptroller Leslie Munger began paying workers this week.
A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.
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Court Halts Execution Of Tyler Woman's Killer
Legal Center |
2015/07/18 09:28
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The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved.
Williams, 31, had faced execution Thursday evening for the killing of Cecelia Schneider of Tyler, about 85 miles east of Dallas. Investigators determined she had been beaten and stabbed before her body and her bed were set on fire.
In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams' attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams' trial.
"We need time to look at this," said Seth Kretzer, one of Williams' lawyers. "No way we can investigate this in five hours.
"It requires some time, and the CCA saw that."
The Texas Department of Public Safety sent a notice June 30 that the FBI-developed population database used by the crime lab in Texas and other states had errors for calculating DNA match statistics in criminal investigations. The Texas Attorney General's Office informed Williams' attorneys of the discrepancy on Wednesday.
Prosecutors in Tyler, in Smith County, had opposed Williams' appeal for a reprieve, telling the appeals court the state police agency insisted that corrected figures would have no impact. Williams is black, and prosecutors said the probability of another black person with the same DNA profile found in Schneider's missing car was one in 40 sextillion. Jurors in 2006 were told the probability was one in 43 sextillion. A sextillion is defined as a 1 followed by 21 zeros.
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Wisconsin court ends probe of presidential hopeful Walker
Legal Center |
2015/07/16 09:07
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Presidential candidate Scott Walker won a major legal victory Thursday when Wisconsin's Supreme Court ended a secret investigation into whether the Republican's gubernatorial campaign illegally coordinated with conservative groups during the 2012 recall election.
No one has been charged in the so-called John Doe probe, Wisconsin's version of a grand jury investigation in which information is tightly controlled, but questions about the investigation have dogged Walker for months.
Barring an appeal to the U.S. Supreme Court, the ruling makes Walker's campaign that much smoother as he courts voters in early primary states.
"Today's ruling confirmed no laws were broken, a ruling that was previously stated by both a state and federal judge," said Walker's spokeswoman Ashlee Strong. "It is time to move past this unwarranted investigation that has cost taxpayers hundreds of thousands of dollars."
The case centers on political activity conducted by Wisconsin Club for Growth and other conservative organizations during the 2012 recall, which was spurred by Democrats' anger over a Walker-authored law that effectively ending collective bargaining for most public workers.
The justices cited free speech in effectively tossing out the case, ruling state election law is overbroad and vague in defining what amounts to "political purposes."
Justice Michael Gableman, part of the court's conservative majority, praised the groups for challenging the investigation.
"It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution," Gableman wrote in the majority opinion.
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UAE executes woman found guilty of killing American teacher
Legal Center |
2015/07/12 23:12
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The United Arab Emirates on Monday put to death a woman with links to Islamic extremists who was convicted of murdering an American teacher with a butcher knife in an upscale Abu Dhabi mall.
The execution, carried out just two weeks after the country's top court delivered a guilty verdict, marked a swift end to a case that has rattled this Western-allied Gulf country, where violent crime is rare.
The Federal Supreme Court convicted Alaa Bader Abdullah al-Hashemi, a 30-year-old Emirati mother of six, of deliberately murdering 47-year-old schoolteacher Ibolya Ryan in a mall restroom stall on the capital's upscale Reem Island.
Authorities say the killer, shrouded in a traditional black garment and veil, later planted a homemade bomb outside the home of another American. It failed to explode.
Al-Hashemi also was found guilty of sending money to al-Qaida in Yemen and of publishing information aimed at harming the reputation of the Emirates, a seven-state federation that also includes the commercial hub of Dubai.
The verdict was not eligible for appeal.
Ahmed al-Dhanhani, attorney general for the state security prosecution, told state news agency WAM that al-Hashemi was executed Monday morning following the approval of the president, Sheikh Khalifa bin Zayed Al Nahyan.
Ryan had three children and had been living in Abu Dhabi with her 11 year-old twins. She previously worked at Palmer Elementary School in Denver.
Executions are rare in the Emirates, and are typically carried out using firing squads.
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Religious beliefs, gay rights clash in court case over cake
Legal Center |
2015/07/09 15:34
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A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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Dispute over union fees could return to Supreme Court
Legal Center |
2015/06/24 09:21
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Powerful public-sector unions are facing another high-profile legal challenge that they say could wipe away millions from their bank accounts and make it tougher to survive.
A group of California schoolteachers, backed by a conservative group, wants the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join.
Half the states currently require state workers represented by a union to pay "fair share" fees covering bargaining costs, even if they are not members. The justices could decide as soon as next week whether to take the case.
Union opponents say it violates the First Amendment to require fees from nonmembers that may go to causes they don't support. They want the high court to overturn a 38-year-old precedent allowing the fees.
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