4/12/2020

Court lifts part of order blocking Texas abortion ban

A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic. By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency. However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions. The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order. COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.

Kansas' high court rules for governor on religious services

The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic. The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing. The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that. The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. “In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.

3/21/2020

Court affirms conviction in hot-grease injuries to wife

The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him. Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 42, of Greenwood, the Greenwood Commonwealth reported. “We cannot find any arguable issue for appeal or reversible error committed by the trial court,” Justice David Ishee wrote in upholding the conviction. Woodson was convicted in 2017 of domestic aggravated assault and sentenced to 20 years in prison. He is in the Holmes/Humphreys County Correctional Facility in Lexington. Woodson and his wife had been married for 20 years at the time of the assault. According to court records, Anita Woodson testified that she got home from work around 12:45 a.m. on Aug. 6, 2015. During an argument, she told her husband she was going to leave him the next day. She fell asleep, then woke up when Kendall Woodson pulled her up by the hair, began beating her and poured hot cooking oil on her head, while threatening to kill her. Anita Woodson was severely burned and received a concussion.

New Mexico courts deem hunter information as public record

The New Mexico Game and Fish Department has been ordered to release information about hunters to individuals who sought the records as part of separate court cases. A state district judge is ordering the agency to turn over the names and addresses of those who won big game draws between 2015 and 2019 to a Los Alamos County resident who had petitioned the court for the information. In the second case, the state Court of Appeals said the email addresses of individuals who applied for hunting licenses between 2015 and 2016 must be turned over to former Land Commissioner Aubrey Dunn. The agency said Thursday that both courts concluded that information collected from the public in connection with the administration of the agency's public duties fall within the definition of public records and are subject to disclosure. “The department argued against the release, but ultimately lost,” Game and Fish Director Michael Sloane said. “We value the privacy of our customers’ personal information but recognize that is the courts' interpretation of the current IPRA law.” The department said it wanted to notify its customers that the information was being released and offered the number of the state attorney general's complaint hotline in case anyone is harassed by solicitors or others as a result of the disclosure. In 2017, Dunn had requested the names and email addresses of more than 300,000 applicants for New Mexico hunting licenses. James Whitehead of Los Alamos had requested draw results, names and addresses of all successful applicants and units applied for and units drawn.

Neville keeps seat in crowded primary for Supreme Court

Illinois Supreme Court Justice P. Scott Neville Jr. has won the primary election to keep his seat on the state’s highest court, emerging from a field of a six other Democrats. No Republicans ran, making him the presumed winner in November for the 10-year term. Democrat Charles Freeman, who died earlier this month at 86, held the post from 1990 to 2018, when he retired. He was the court’s first black judge. Neville, who is black, was appointed to complete the term. He was formerly an Illinois First District Appellate Court justice, “Illinois’ population is diverse, and our courts, at all levels, should reflect our diversity,” Neville said in a Wednesday statement. “I applaud Cook County’s voters because your votes indicate that you are committed to diversity.” The other challengers included five 1st District appellate justices: Cynthia V. Cobbs, Shelly A. Harris, Nathaniel Roosevelt Howse, Margaret Stanton McBride and Jesse G. Reyes. Also running was former private-practice attorney Daniel Epstein.

2/22/2020

Court reinstates order for Russia to pay $50 bln over Yukos

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.

Court ‘deeply troubled’ by woman’s jailing over unpaid fines

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.