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Top Connecticut court cases in 2018 involve Newtown, Skakel
Court Watch | 2017/12/14 09:23
The Connecticut Supreme Court is expected to issue decisions and hear arguments in a variety of notable cases in 2018, including a newspaper’s quest for documents that belonged to the Newtown school shooter and Kennedy cousin Michael Skakel’s appeal of his murder conviction.

The Hartford Courant and the state Freedom of Information Commission are appealing a decision by a lower court judge, who ruled in April that state police don’t have to release documents that belonged to shooter Adam Lanza. The commission had ordered state police to release the documents.

The 20-year-old Lanza shot his mother to death at their Newtown home before killing 20 first-graders and six educators at Sandy Hook Elementary School on Dec. 14, 2012. He killed himself as police arrived at the school.

The materials requested by the Courant include a spreadsheet ranking mass murders and a notebook titled “The Big Book of Granny,” which contains a story Lanza wrote in fifth grade about a woman who has a gun in her cane and shoots people and another character who likes hurting people, especially children.

Lawyers in the case did not return messages seeking comment. Andrew Julien, publisher and editor-in-chief of the Courant, declined to comment.


Liberia court says presidential runoff vote can go ahead
Lawyer Interview | 2017/12/12 10:05
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.



Court asked to stop suit against prosecutor in man's death
Attorney Career | 2017/12/11 10:05
A lawyer for Baltimore's top prosecutor asked a federal appeals court Wednesday to dismiss a lawsuit by five police officers who claim she maliciously prosecuted them in the death of a black man gravely injured in custody.

Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Marilyn Mosby has immunity from the lawsuit filed by officers who were charged but later cleared in the arrest and death of Freddie Gray. Pothier urged the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial.

"A prosecutor's protective cloak of absolute immunity is not so easily removed," Pothier said.

Lawyers for the officers, however, said Mosby acted as an investigator — not simply as a prosecutor — and is therefore not immune from the lawsuit.

Gray, 25, died on April 19, 2015, from a fatal spinal injury suffered in a police van, prompting days of widespread protests and rioting. While tensions were still smoldering in Baltimore, Mosby charged six officers in Gray's arrest and death, an announcement that brought celebrations in the streets.

Three were ultimately acquitted and Mosby dropped the remaining cases.

On Wednesday, Judge J. Harvie Wilkinson III grilled the officers' lawyers about why they should be allowed to sue Mosby for bringing criminal charges against them and holding a news conference to announce the charges.

"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers," said Wilkinson, who repeatedly raised his voice while questioning the officers' lawyers.



Russian court keeps theater director under house arrest
Court News | 2017/12/10 10:04
A Moscow court on Monday ruled that a prominent theater and film director who is being investigated for fraud must remain under house arrest.

Kirill Serebrennikov, arguably Russia's best known director, was detained and put under house arrest in August in a criminal case that raised fears of a return to Soviet-style censorship.

Serebrennikov's plays have often been targeted by conservative circles, which dismiss his work as decadent and unpatriotic.

The court ruled Monday Serebrennikov should stay under house arrest at least until late January, rejecting a plea for bail.

Investigators have accused him of scheming to embezzle about $1.1 million in government funds allocated for one of his productions and the projects he directed between 2011 and 2014.

Serebrennikov has dismissed the accusations as absurd.

Serebrennikov's lawyer, Dmitry Kharitonov, told Russian news agencies on Monday that his client had petitioned the investigators to allow him to attend the premiere of the ballet "Nureyev" at the Bolshoi that he had directed. But the chances that Serebrennikov will be allowed to go to the Bolshoi are "negligible," Kharitonov said.

Tickets for "Nureyev," which premiers later this month, went on sale last month and were sold out in a matter of hours.




Arkansas judge blocks state from issuing birth certificates
Court Watch | 2017/12/09 10:05
An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state's birth certificate law illegally favors heterosexual parents.

Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court's order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox's mediation order.

"This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional," Fox wrote in his order. "There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis."

Fox last month had threatened to halt the issuance of birth certificates if both sides couldn't find language by Jan. 5 to be stricken from the law. Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. A spokeswoman for Rutledge said the AG's office was reviewing Fox's order and did not have an immediate comment.

In his order, Fox said he was hopeful Gov. Asa Hutchinson would have the authority to fix the birth certificate law through executive action. If the state is unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue. Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session.


Supreme Court allows full enforcement of Trump travel ban
Court Watch | 2017/12/08 10:05
The Supreme Court on Monday allowed the Trump administration to fully enforce a ban on travel to the United States by residents of six mostly Muslim countries.

This is not a final ruling on the travel ban: Challenges to the policy are winding through the federal courts, and the justices themselves ultimately are expected to rule on its legality.

But the action indicates that the high court might eventually approve the latest version of the ban, announced by President Donald Trump in September. Lower courts have continued to find problems with the policy.

White House spokesman Hogan Gidley said the White House is "not surprised by today's Supreme Court decision permitting immediate enforcement of the President's proclamation limiting travel from countries presenting heightened risks of terrorism."

Opponents of this and previous versions of the ban say they show a bias against Muslims. They say that was reinforced most recently by Trump's retweets of anti-Muslim videos.

"President Trump's anti-Muslim prejudice is no secret. He has repeatedly confirmed it, including just last week on Twitter. It's unfortunate that the full ban can move forward for now, but this order does not address the merits of our claims," said Omar Jadwat, director of the American Civil Liberties Union's Immigrants' Rights Project. The ACLU is representing some opponents of the ban.

Just two justices, Ruth Bader Ginsburg and Sonia Sotomayor, noted their disagreement with court orders allowing the latest policy to take full effect.

The new policy is not expected to cause the chaos that ensued at airports when Trump rolled out his first ban without warning in January.

The ban applies to travelers from Chad, Iran, Libya, Somalia, Syria and Yemen. Lower courts had said people from those nations with a claim of a "bona fide" relationship with someone in the United States could not be kept out of the country. Grandparents, cousins and other


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