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NJ Supreme Court Reverses Decades-Old Divorce Law
Court News |
2017/08/08 09:23
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The New Jersey Supreme Court has reversed a decades-old law in a landmark decision that makes the child the focus of divorce relocation proceedings.
The law centers on divorced parents who want to leave New Jersey with the child against the other parent's wishes.
NJ.com reports the previous law focused on whether the move would "cause harm" to the child. After Tuesday's ruling, divorced parents now must prove the move is in the child's best interest.
The decision centers on a 2015 case where a father tried to keep his daughters from moving to Utah with his ex-wife. The attorney for the father says the ruling will make a large impact in future proceedings.
The attorney for the children's mother has not responded to requests for comment.
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Academic accused in Chicago killing due in California court
Court Watch |
2017/08/05 09:24
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A Northwestern University microbiologist suspected in the stabbing death of a 26-year-old Chicago man is due in a California courtroom.
Wyndham Lathem and Oxford University financial officer, Andrew Warren, were sought in a cross-country chase on first-degree murder charges in the death of Trenton James Cornell-Duranleau. His body was found July 27 in an apartment near downtown Chicago.
Lathem and Warren were fugitives for more than a week before separately turning themselves in to California authorities. They have yet to be charged.
The 42-year-old Lathem is being held without bail in Alameda County. His court appearance is Monday in the city of Pleasanton.
Attorney Barry Sheppard says he expects Lathem to waive extradition. He also urged the public to wait until all the facts are released before making judgments.
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Court ends hearing into corruption charges against PM
Court News |
2017/07/21 13:07
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Pakistan’s supreme court on Friday concluded its hearing into a high-profile case involving allegations of corruption against Prime Minister Nawaz Sharif and his family, but it wasn’t immediately clear when a verdict would be announced, defense lawyers and attorneys for petitioners said.
According to attorneys involved in the case, the court heard arguments from both the government and opposition after a court-ordered investigation found “significant disparity” between declared wealth and known sources of income of Sharif and his family.
Under Pakistani law, the court has the power to disqualify Sharif if he is found guilty. Sharif denies allegations he misused his office to enrich himself.
“The Supreme Court today concluded the hearing of this case and it will set a date for announcing the judgment later,” said Salman Akram Raja, the lawyer for Sharif’s family.
Fawad Chaudhry, one of the lawyers for opposition leader Imran Khan who led the fight to have the prime minister investigated, said Sharif faced a serious challenge and “we hope Nawaz Sharif will be disqualified” for concealing his assets.
Opposition lawmakers have been fighting a legal battle to disqualify Sharif as prime minister since 2016 when leaked documents from a Panama-based law firm disclosed his family’s offshore accounts.
Sharif’s political fate has been hanging in the balance since April. The Supreme Court, acting on petitions from opposition lawmakers, decided to establish a six-member Joint Investigation Team to delve into the allegations corruption involving his family, including his daughter and two sons.
Two of the five supreme court judges opposed setting up an investigation team preferring to hand down a verdict based on the information they already had in its possession.
However the team was established and on July 10 it submitted its voluminous report to the court to support its conclusion that a “significant disparity” existed between the Sharif’s declared wealth and its known sources of income. The report suggested the Supreme Court take action against Sharif and his family in accordance with a 1999 accountability law intended to help stamp out corruption. Sharif has sought to discredit the investigators, accusing them of bias. |
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Idaho Supreme Court upholds grocery tax veto
Court Watch |
2017/07/20 23:14
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The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session. |
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North Carolina Court to Rule on Law on Gov's Elections Role
Topics in Legal News |
2017/07/18 23:14
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North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.
The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.
GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.
The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.
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