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Court weighs punishment for judge for courthouse affair
Headline Legal News |
2018/04/22 10:18
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A Massachusetts judge who engaged in sexual acts with a social worker in his chambers has damaged the public's faith in the judicial system and can no longer command the respect necessary to remain on the bench, the head of the state's Commission on Judicial Conduct said Tuesday.
Howard V. Neff III, executive director of the commission, told the Supreme Judicial Court that an indefinite suspension that would allow lawmakers to decide whether to remove Judge Thomas Estes from the bench is the only proper punishment for behavior Neff called "egregious."
"Unless this court sets a precedent that makes it absolutely clear that this type of conduct will not be tolerated ... there is little hope that public trust in the administration of public justice in Massachusetts will be restored," Neff said.
Estes admits he had a sexual relationship with Tammy Cagle, who worked in the special drug court where he sat. But Estes denies allegations Cagle made in a federal lawsuit, including that he coerced her into performing oral sex on him and played a role in getting her removed from the drug court when she tried to end the relationship.
Estes, who's married and has two teenage boys, attended Tuesday's hearing but left the courthouse without speaking to reporters. The court did not immediately decide Estes' punishment. He is asking for a four-month suspension.
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Italy's high court refuses to release migrant rescue ship
Court News |
2018/04/22 10:18
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Italy's highest court has rejected a request by a German group to release its migrant rescue boat seized eight months ago by prosecutors investigating allegations that non-governmental organizations colluded with migrant smugglers.
The German group, Jugend Rettet, said Tuesday that it was devastated by the Cassation Court's ruling and that "we will fight for the right to rescue people in danger at sea."
Doctors Without Borders said the ruling "sends a working signal (that) Europe will continue to criminalize humanitarian organizations conducting search-and-rescue operations ... rather than strengthening capacities to save lives at sea."
Prosecutors told the court that the Iuventa was seized based on three episodes in which crew members had contact with migrant smugglers. The group's spokesman, Philipp Kulker, said in Berlin that the evidence had been fabricated.
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Supreme Court upholds challenged patent review practice
Legal Business |
2018/04/21 10:18
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The Supreme Court has upheld a challenged practice that is used to invalidate patents without the involvement of federal courts.
The justices on Tuesday rejected a bid to strike down a process established by Congress in 2011 to speed up patent reviews.
The justices voted 7-2 in favor of the U.S. Patent and Trademark Office's patent review process. It has been used to invalidate hundreds of patents since it was established in 2012.
Chief Justice John Roberts and Justice Neil Gorsuch dissented.
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UK Supreme Court declines appeal from parents of ill toddler
Legal Business |
2018/04/20 11:58
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Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.
The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.
The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.
Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.
In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.
Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.
It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain. |
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Constitutionality of murder conviction upheld by high court
Court Watch |
2018/04/19 11:58
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The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.
Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.
Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.
Court sides with sanctuary cities in fight over grants
A federal appeals court in Chicago has ruled that President Donald Trump's administration cannot withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.
The decision by a three-judge panel of the 7th U.S. Circuit Court of Appeals Thursday says the administration exceeded its authority in establishing new conditions for cities to qualify for the grants.
The administration in July imposed a condition that cities receiving public safety grants must agree to inform federal agents when immigrants in the country illegally are about to be released from police detention.
All three judges agreed to the injunction Thursday, but one judge said it should be for Chicago only and not nationwide.
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