Court throws out 50-year sentence for man who killed wife

The Michigan appeals court has thrown out a 50-year prison sentence for a former Cub Scout leader and teacher who was convicted of killing his wife. Andrew Farley Jr. of Grand Blanc Township was convicted of second-degree murder. But the appeals court said a Genesee County judge sentenced him as if he had been convicted of premeditated first-degree murder. The appeals court last week applied a 2019 Michigan Supreme Court decision and sent the case back to Flint. Farley’s guidelines had called for a minimum prison sentence between 13 years and 22 years. Investigators said Farley in 2014 struck Tiffany Caine-Smith Farley with a flashlight and stabbed her six times. Farley claimed his wife told him that he “disgusted her” and that he was “not a man.” “I did not intend to kill my wife,” Farley said in 2015. “I hurt because of this.”

Missouri county sued over jail time for unpaid court costs

A Missouri man at the heart of a state Supreme Court case that overturned what critics called modern-day debtors’ prisons is back in jail and suing the local officials who put him there. Warrensburg resident George Richey, 65, is one of two Missouri men who sued over boarding costs for time spent in county jails, which are commonly referred to as board bills. Richey spent 65 days in jail in 2016 for not paying past board bills. Supreme Court judges last year unanimously sided with him, writing in an opinion that while inmates are responsible for those costs, “if such responsibilities fall delinquent, the debts cannot be taxed as court costs and the failure to pay that debt cannot result in another incarceration.” The nonprofit legal defense organization ArchCity Defenders on Tuesday sued St. Clair County and Associate Circuit County Judge Jerry Rellihan on behalf of Richey for the harm caused by his unlawful imprisonment. Richey’s lawyers wrote in a Tuesday court filing that the time he spent in jail meant he lost “his home, all of his personal belongings, and lived in constant fear of arrest for the past four years.” “I have the clothes on my back, but that’s it. This has caused me to lose everything,” Richey said in a statement. “I’m not the only one these counties are picking on, and I’m taking a stand because these crooked practices can’t continue.” Associated Press requests for comment to St. Clair County officials were not immediately returned Wednesday. Richey’s lawyers also argued that the judge retaliated against him for taking his board bill case to the Supreme Court. Three months after the high court’s ruling, Rellihan sentenced Richey to more than two years in county jail for probation violations and misdemeanor counts of assault, trespassing and disturbing the peace.

Court reverses $35M verdict against Jehovah’s Witnesses

The Montana Supreme Court on Wednesday reversed a $35 million judgment against the Jehovah’s Witnesses for not reporting a girl’s sexual abuse to authorities. Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. However, the state’s high court said in its 7-0 decision that the Jehovah’s Witnesses fall under an exemption to that law in this case. “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member’s confidential communication or confession and if the person making the statement does not consent to disclosure,” Justice Beth Baker wrote in the opinion. The ruling overturns a 2018 verdict awarding compensatory and punitive damages to the woman who was abused as a child in the mid-2000s by a member of the Thompson Falls Jehovah’s Witness congregation. The woman had accused the church’s national organization of ordering Montana clergy members not to report her abuse to authorities. The Montana case is one of dozens that have been filed nationwide over the past decade saying Jehovah’s Witnesses mismanaged or covered up the sexual abuse of children. The attorney for the Jehovah’s Witnesses, Joel Taylor, said in a statement that there are no winners in a case involving child abuse. ”No child should ever be subjected to such a debased crime,“ Taylor said. “Tragically, it happens, and when it does Jehovah’s Witnesses follow the law. This is what the Montana Supreme Court has established. ” The woman’s attorney, Jim Molloy, read a prepared statement: “This is an extremely disappointing decision, particularly at this time in our society when religious and other institutions are covering up the sexual abuse of children.” The Montana woman’s abuse came after the congregation’s elders disciplined the man over allegations of abusing two other family members in the 1990s and early 2000s, the woman’s lawsuit said.

Connecticut courts moving notices from newspapers to website

The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience. Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper. It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers. “State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.” The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers. “It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move. Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.

Court Will Hear Trump's Pleas to Keep Financial Records Private

The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign. Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation. The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended. Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

Trump Has Successfully Gamed the Courts

At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations. What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump. None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.

Court sides with Congress in battle for Trump’s bank records

A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected. A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling, with Judge Debra Ann Livingston saying in a partial dissent that the lower court should take a longer look at the “serious questions” raised by the case and give the parties time to negotiate. The court said the application by the president and his children to block the subpoenas was properly denied by a judge this year. The House Financial Services and Intelligence committees have asked Deutsche Bank and Capital One to turn over records related to Trump’s business ventures. The lawyers for the congressional committees say they need access to documents from the banks to investigate possible “foreign influence in the U.S. political process” and possible money laundering from abroad. Trump and three of his children challenged the subpoenas. In May, U.S. District Judge Edgardo Ramos said Trump and his company were “highly unlikely” to succeed in proving that the subpoenas were unlawful and unconstitutional.