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Florida can’t bar felons who served their time from registering to vote
Court News |
2020/02/20 10:32
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A federal appeals court has ruled that Florida cannot bar felons who served their time from registering to vote simply because they have failed to pay all fines and fees stemming from their cases.
A three-judge panel of the 11th U.S. Circuit Court of Appeals on Wednesday upheld a Tallahassee federal judge's decision that the law implementing Amendment 4 amounted to an unfair poll tax.
Amendment 4 was passed overwhelmingly by voters in 2018 to allow as many as 1.6 million ex-felons to regain their right to vote.
The Republican-led Legislature passed a law saying they had to pay any fines and fees first. GOP Gov. Ron DeSantis plans to ask the full 11th Circuit to reconsider the ruling. |
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Court reinstates order for Russia to pay $50 bln over Yukos
Court News |
2020/02/18 10:33
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In a major legal defeat for the Russian government, a Dutch appeals court on Tuesday reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos.
The ruling overturned a 2016 decision by The Hague District Court that quashed the compensation order on the grounds that the arbitration panel did not have jurisdiction because the case was based on an energy treaty that Russia had signed but not ratified.
The Hague Court of Appeal ruled that the 2016 decision “was not correct. That means that the arbitration order is in force again.”
“This is a victory for the rule of law. The independent courts of a democracy have shown their integrity and served justice. A brutal kleptocracy has been held to account,” Tim Osborne, the chief executive of GML, a company made up of Yukos shareholders, said in a statement.
The Russian Justice Ministry said in a statement after the verdict that Russia will appeal. It charged that the Hague appeals court “failed to take into account the illegitimate use by former Yukos shareholders of the Energy Charter Treaty that wasn’t ratified by the Russian federation.”
The arbitration panel had ruled that Moscow seized control of Yukos in 2003 by hammering the company with massive tax claims. The move was seen as an attempt to silence Yukos CEO Mikhail Khodorkovsky, a vocal critic of President Vladimir Putin.
The 2014 arbitration ruling said that Russia was not acting in good faith when it levied the massive claims against Yukos, even though some of the company’s tax arrangements might have been questionable. |
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Walker appointee, judge, prof face off in high court primary
Court News |
2020/02/17 10:34
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Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.
Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.
The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.
Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.
Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.
She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.
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Court ‘deeply troubled’ by woman’s jailing over unpaid fines
Headline Legal News |
2020/02/16 10:37
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Federal appeals court judges said they were “deeply troubled” that a Georgia municipal court jailed a woman when she couldn’t pay a fine for driving without insurance.
A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld the dismissal of Ziahonna Teagan’s claims that her civil rights were violated, but said she could pursue a false imprisonment claim against the city of McDonough, news outlets reported.
“We are deeply troubled by what happened to Ms. Teagan in the McDonough municipal court,” the unsigned opinion says. “She, like all other citizens of that city, deserved better.”
After Teagan pleaded not guilty in December 2013, Judge Donald Patten found her guilty during a bench trial in March 2014. He imposed a $745 fine for driving without insurance and a $50 fine for arriving late to court.
Teagan told the judge she couldn’t immediately pay the fine but would be able to pay just over a week later. Patten sentenced her to serve 60 days in jail, suspending the sentence on the condition that she pay the total amount within nine days.
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UK parents lose court appeal to keep baby on life support
Legal Interview |
2020/02/14 10:37
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The parents of a baby declared brain dead by doctors have lost the latest round of a legal battle in Britain’s courts to keep him on life support.
Britain’s Court of Appeal on Friday rejected an attempt by Karwan Ali and Shokhan Namiq to overturn a High Court order that doctors could stop treating their infant son, Midrar Ali.
The baby was starved of oxygen due to complications at birth, and was born not breathing and without a heartbeat. He has been on a ventilator ever since.
Judges at both courts agreed with doctors that Midrar Ali had experienced “irreversible brain stem death” by Oct. 1, when he was 14 days old. Three appeals judges ruled Friday that doctors could lawfully "cease to mechanically ventilate" the baby.
One of the judges, Andrew McFarlane, said Midrar Ali no longer had a "brain that is recognizable as such." "There is no basis for contemplating that any further tests would result in a different outcome," he said.
The baby's parents, who live in Manchester in northwest England, do not accept that his condition is irreversible and want the courts to consider opinions from foreign experts.
Their lawyer, David Foster, said the couple was considering an appeal to the Supreme Court.
The case is a latest in a series of legal challenges by parents to doctors in Britain’s state-funded National Health Service.
The cases often become flashpoints for debates on the rights of children and parents, the responsibilities of hospitals and the role of the state.
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