8/28/2021
West African court to rule on Venezuelan’s extradition to US
A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolas Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case.
Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran.
U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela.
Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde.
Jose Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13.
Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link.
Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope.
Saab’s international legal team argues that the extradition has a political motive.
Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.
8/13/2021
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8/01/2021
Parking tickets hit the docket of federal appeals court
A federal appeals court has heard arguments in a challenge to a Michigan city’s practice of marking tires to catch people who ignore time limits on parking.
Alison Taylor is appealing a decision that went in favor of Saginaw. Her attorney argues that chalking tires violates the Fourth Amendment’s protection against unreasonable searches.
The case made headlines in 2019 when the same appeals court said marking tires could be illegal without a warrant in some circumstances. The court sent the lawsuit back to a federal judge in Bay City for more work, but he eventually ruled against Taylor again.
A different three-judge panel at the appeals court heard arguments Thursday.
In court papers, Saginaw said it’s a “novel issue” but not a violation of the constitution.
“The city used the chalk to inform vehicle owners that that their vehicle is subject to the time limitations as set forth by the local ordinances,” attorneys for Saginaw said.
The city said Taylor had 14 parking tickets, some issued after a tire was marked.
Taylor’s attorney, Philip Ellison, said a chalk line on a tire might be “low tech” but it’s still an illegal trespass against her car. He wants to make the case a class-action.
7/19/2021
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7/11/2021
Tests: Broken pipe didn’t pollute Georgia government center
Two courtrooms in Columbus’ main government building are reopening after tests found a ruptured pipe did not introduce mold or harmful fungi into the air.
A ruptured drainpipe from the roof had dumped leaves, bird feces and other debris into the 11th-floor office of Muscogee County Superior Court Judge Gil McBride in June.
Documents obtained by the Ledger-Enquirer show tests of pipe debris showed no fungi associated with bird and bat droppings that can cause infections in people with weakened immune systems. Samples also showed no significant amounts of mold. Mold levels in the outside air were higher, suggesting the building’s air filtration system is working.
“The courts have been assured by the city that the courtrooms are safe for public use,” McBride wrote in a text message. “This is good news, especially for judges who were without courtrooms for next week.”
The 51-year-old building flooded because of water leaks twice in 2018.
Columbus leaders say they plan to ask voters to approve a special sales tax in November to repair or replace the building.
A nearly 80-pound panel fell in a seventh-floor courtroom and hit a court official a few weeks ago, prompting safety inspections of all courtrooms. Columbus Mayor Skip Henderson could not be reached Friday for an update on inspections.
McBride said Muscogee County jurors will continue to be selected at the municipal ice rink for now. Once jurors are selected, trials will take place in the regular courtrooms.
7/06/2021
Court refuses appeal of ex-Cleveland cop who shot Tamir Rice
The Ohio Supreme Court announced on Tuesday it would not consider an appeal over the firing of a white police officer who shot and killed 12-year-old Tamir Rice outside a Cleveland recreation center in 2014.
The appeal was filed in April by the Cleveland Police Patrolment’s Association on behalf former officer Timothy Loehmann. Cleveland fired Loehmann in 2017 not for killing Tamir, who was Black, but for providing false information on his job application. An arbitrator and a county judge upheld his firing.
A state appellate court earlier this year dismissed Loehmann’s appeal, citing the union’s failure to serve notice on outside attorneys hired by the city.
Loehmann, a rookie, shot Tamir within seconds of a cruiser skidding to a stop near a gazebo where the child had been sitting. Officers responded to a call from a man who said someone was waving a gun around. The man also told a dispatcher the gun could be a fake and the person might be a juvenile.
A state grand jury declined to indict Loehmann in Tamir’s shooting and, in December, federal authorities announced they would not bring federal criminal charges.
“I am glad that Loehmann will never have a badge and gun in Cleveland again,” Tamir’s mother, Samaria Rice, said in a statement issued Tuesday.
A message seeking comment was left with the Loehmann’s union attorney, Henry Hilow.
6/30/2021
Supreme Court won’t revive school’s transgender bathroom ban
The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban.
Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys bathroom at his public high school. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.
The Gloucester County, Virginia, school board’s policy required Grimm to use restrooms that corresponded with his biological sex ? female ? or private bathrooms.
Seven years ago, Grimm was barred from using the boys restroom when he was a 15-year-old student at Gloucester High School. He sued a year later, and his case has worked its way through the courts ever since.
After learning that the Supreme Court refused to hear the case, Grimm, now 22, said that his long court battle is over. “We won,” he tweeted. “Honored to have been part of this victory,” he added.
David Corrigan, an attorney for the school board, did not immediately respond to email and voice mail messages seeking comment.
In its petition asking the Supreme Court to hear the case, the school board argued that its bathroom policy poses a “pressing federal question of national importance.”
The board argued previously that federal laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position has been that he remained anatomically a female.
The American Civil Liberties Union, which represented Grimm in his yearslong lawsuit against Gloucester, argued that federal law makes it clear transgender students are protected from discrimination.
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