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WVa AG's help sought in Supreme Court impeachment appeal
Attorney News | 2019/01/04 15:24
Three months after a ruling halted the impeachment process involving most of West Virginia's Supreme Court justices, the state Senate president is seeking a second opinion.

Senate President Mitch Carmichael said Friday at the annual Legislative Lookahead forum he's asked state Attorney General Patrick Morrisey to look into handling a possible appeal to the U.S. Supreme Court.

Carmichael, a Republican, is still steamed at a panel of state Supreme Court stand-ins that ruled impeachment efforts of the justices were a violation of the separation of powers doctrine. The process was officially derailed when the presiding judge didn't show up to Justice Margaret Workman's trial in the state Senate in light of the court's ruling blocking it.

"We believe it is totally, completely wrong," Carmichael said. The acting justices ruled the Senate lacked jurisdiction to pursue Workman's trial and later applied the decision to trials involving justices Robin Davis and Allen Loughry, who had petitioned the court to intervene.

Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court.



High court to take new look at partisan electoral districts
Topics in Legal News | 2019/01/03 15:28
The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan.

Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March.

The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking.

The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain.

Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue.

The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district.

In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.

The North Carolina map was redrawn in 2016 because federal courts determined two districts originally drawn in 2011 were illegal because of excessive racial bias.

In November, Republicans won at least nine of the 13 seats in North Carolina's congressional delegation and appeared to have won a 10th seat, in keeping with how many they held before the 2016 remapping. But state election officials have so far declined to certify the results in the 9th District in south-central North Carolina because of allegations of absentee ballot fraud.


Son of ex-Nissan head Carlos Ghosn predicts court surprises
Politics | 2019/01/02 15:28
The son of former Nissan chairman Carlos Ghosn said in an interview published Sunday that people will be surprised when his father, detained since Nov. 19 for allegedly falsifying financial reports, recounts his version of events to a Tokyo court on Tuesday.

Anthony Ghosn, 24, told France's Journal du Dimanche that his father — who will remain detained until at least Jan. 11 — will get 10 minutes to talk at the hearing, being held at his own request.

"For the first time, he can talk about his version of the allegations against him," Anthony Ghosn said in the interview with the weekly paper Journal du Dimanche. "I think everyone will be rather surprised hearing his version of the story. Until now, we've only heard the accusers."

The son has no direct contact with his father, and gets information via lawyers. He said his father, who for decades was a revered figure in the global auto industry, has lost about 10 kilograms (22 pounds) eating three bowls of rice daily, but he reads books and "he resists."

Ghosn refuses to cave in, said his son, contending that he would be freed from detention if he admitted guilt to the prosecutor.



Missouri death row inmate asks US Supreme Court to intervene
Court News | 2019/01/01 00:18
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


The Latest: Shutdown affects court cases that involve Trump
Court Watch | 2018/12/29 00:19
The partial government shutdown has prompted the chief judge of Manhattan federal courts to suspend work on civil cases involving U.S. government lawyers. The order suspends action in several civil lawsuits in which President Donald Trump is a defendant.

Judge Colleen McMahon said in a written order that the suspension will remain in effect until the business day after the president signs a budget appropriation law restoring Justice Department funding.

The Manhattan courts, with several dozen judges, are among the nation’s busiest courts.

In one case involving Trump, a judge last week ruled that a group of people suing Trump and his three eldest children can remain anonymous because they fear retaliation by the president or his followers.

Back from a 29-hour trip to visit U.S. troops in Iraq, President Donald Trump is returning his attention to the ongoing partial U.S. government shutdown, which is in its sixth day.

In a morning tweet, Trump says “we desperately need” a wall on the U.S.-Mexico border, funding for which has been a flashpoint between the White House and Congress ever since Trump took office.

The president is calling on Democrats in Congress to fund his wall, saying the shutdown affects their supporters. He says: “Do the Dems realize that most of the people not getting paid are Democrats?”

Hundreds of thousands of federal workers are on unpaid furlough and even more are required to work without pay after Trump and Congress could not reach consensus on a short-term funding bill last week.


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