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Cunningham to step down from Kentucky Supreme Court
Court News | 2018/12/27 01:19
Kentucky Supreme Court Justice Bill Cunningham has announced that he will retire from the bench early next year.

News outlets report Cunningham, who is 74, announced on Thursday that his last day will be Feb. 1. He was first elected in 2006 to represent the First Supreme Court District, which encompasses 24 counties in western Kentucky.

Cunningham told The Paducah Sun that it was time to move on because "you stay too long and after a while you've seen too many tortured and battered children, too many dysfunctional families, too much crime, too much misery, too much human suffering."

Before being elected to the Supreme Court, Cunningham was a circuit judge and a commonwealth's attorney. He says he'd like to find a way to continue serving people in western Kentucky.


Colorado baker returns to court over 2nd LGBT bias allegation
Court News | 2018/12/17 10:37
Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.

Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."

"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.

State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.

The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.

She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.

The Supreme Court ruled in June that the Colorado commission showed anti-religious bias when it sanctioned Phillips for refusing to make the cake, voting 7-2 that it violated Phillips' First Amendment rights.


The Latest: Court likely to apply excess-fine ban to states
Court News | 2018/12/01 09:18
The Supreme Court seems very likely to rule that the Constitution's ban on excessive fines applies to the states. The outcome could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.

The court has formally held that most of the Bill of Rights applies to states as well as the federal government. But it has not done so on the Eighth Amendment's excessive-fines ban.

Justice Neil Gorsuch (GOR'-suhch) was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard. Gorsuch said Wednesday, "Come on, general."

Justice Stephen Breyer said under Fisher's reading police could seize a quarter-million-dollar Bugatti sports car if its driver is caught going 5 miles per hour (8 kilometers per hour) over the speed limit.

The Supreme Court is taking up the case of an Indiana man who says the Constitution should have barred local authorities from seizing his $40,000 Land Rover after his arrest for selling less than $400 in heroin to undercover officers.



China court reduces sentence of American Wendell Brown
Court News | 2018/11/27 09:18
A Chinese court has reduced the prison sentence for former college football player and American citizen Wendell Brown from four years to three for his involvement in a bar fight, a rights monitoring group said Wednesday.

Brown, a native of Detroit who played for Ball State University in Indiana, had been teaching English and American football in southwest China when he was arrested in September 2016 and charged with intentional assault. He denied hitting a man at a bar and said he was defending himself after being attacked.

The San Francisco-based Dui Hua Foundation said Brown will be transferred from a detention center to a prison in the southwestern city of Chongqing, from where he can then apply for early release. He is now due to be set free on Sept. 24, 2019.

The court issued no official statement and an assistant judge in the case, reached by phone, directed inquiries to the court's management office, which did not immediately respond to faxed questions seeking comment.

Brown, 31, was convicted on June 28 and his reduction in sentence is one of an estimated 15 percent of appeals that are successful in China, Dui Hua said. Friends, family and supporters had hoped he would be immediately deported, as is allowed under Chinese law.



Poland moves to reinstate retired judges to Supreme Court
Court News | 2018/11/20 14:52
Poland's ruling party has submitted a draft law to parliament that would reinstate Supreme Court judges who were recently forced into early retirement.

The development comes a month after the European Union's top court ordered Poland to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing about two dozen of them off the bench.

Poland has been in a standoff with the European Union for three years over attempts by the ruling populist Law and Justice party to impose control over the court system. The efforts have raised serious concerns over rule of law in the young democracy.

Wednesday's legislative initiative marks one of the first significant steps by Poland to comply with EU demands.


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