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Clerk in gay marriage case to appear in federal court
Law Firm News |
2015/09/03 13:32
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A county clerk in Kentucky who has repeatedly defied court orders by refusing to issue marriage licenses will appear before a federal judge who could hold her in contempt of court.
Rowan County clerk Kim Davis has been summoned to the hearing at 11 a.m. Thursday before U.S. District Judge David Bunning. He's also ordered all Davis' deputy clerks to appear. Bunning could hold Davis in contempt, which can carry hefty fines or jail time.
Davis stopped issuing licenses to all couples in June after the U.S. Supreme Court legalized gay marriage. Despite rulings against her, she's turned away couples again and again, citing her Christian beliefs and "God's authority."
The couples who originally sued in the case have asked Bunning to punish Davis with fines but not jail time.
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Alaska Supreme Court won't block Medicaid expansion
Court Watch |
2015/09/02 13:44
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Thousands of lower-income Alaskans will become eligible for Medicaid after the Alaska Supreme Court on Monday refused to temporarily block the state from expanding the health care program.
The win capped a big day for Alaska Gov. Bill Walker, who earlier flew with President Barack Obama from Washington, D.C., to Anchorage.
"The Alaska Supreme Court's ruling today brings final assurance that thousands of working Alaskans will have access to health care tomorrow," Walker said in a statement issued Monday evening.
Walker earlier this summer announced plans to accept federal funds to expand Medicaid coverage after state legislators tabled his expansion legislation for further review.
The Legislative Council, acting on behalf of lawmakers, sued to stop expansion.
Thirty other states and the District of Columbia have expanded Medicaid, or plan to do so, to include all adults with incomes at or below 138 percent of the federal poverty level.
The federal government agreed to pay all costs for the new enrollees through 2016, but it will begin lowering its share in 2017. States will pay 10 percent of the costs by 2020.
Some Alaska legislators have expressed concern with adding more people to a system they consider broken. Administration officials have acknowledged the current Medicaid program isn't sustainable, but they see expansion as a way to get federal dollars to help finance reform efforts.
On Friday, Superior Court Judge Frank Pfiffner denied the request from lawmakers to halt expansion while a lawsuit moves forward. The Alaska Supreme Court on Monday agreed, saying lawyers for the lawmakers failed to show Pfiffner erred when denying the motion for a preliminary injunction.
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Court cuts prison sentence for Memphis 'sovereign citizen'
Court Watch |
2015/09/01 13:44
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An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.
Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.
The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.
Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.
Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.
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Burkina Faso court rejects candidate of former ruling party
Topics |
2015/09/01 13:44
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A court in Burkina Faso on Saturday rejected the chosen presidential candidate of the former ruling party, prompting threats of a boycott of the vote in October.
The presidential and legislative elections scheduled for Oct. 11 are intended to end one year of transitional rule imposed after longtime President Blaise Compaore was ousted in a popular uprising triggered by his attempt to alter rules that would have prevented him from seeking a third term.
The candidate list published Saturday included 16 of the 22 proposed candidates. The list is still provisional and appeals can be filed until Sept. 6. Most of the rejected candidates were disqualified for failing to pay the necessary fees.
But Eddie Comboigo, the chosen candidate of Compaore's Congress for Democracy and Progress, was barred under a new electoral code passed earlier this year that disqualifies candidates who supported Compaore's bid to stay in office. Earlier this week, the court rejected more than 40 candidates for the legislative vote including former ministers and lawmakers close to Compaore.
The United States has expressed concern about the code, which was denounced by a regional court. The country's interim leader, Michel Kafando, initially said the country would abide by the regional court's ruling, but transitional authorities have more recently called for the High Court's decisions to be respected.
Compaore's party will boycott the elections "and resort to civil disobedience" if its candidates are blocked from running, said Jonathan Yameogo, a communications official with the party.
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Ex-Gov. Blagojevich to ask Supreme Court to hear case
Court Watch |
2015/08/19 13:35
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A full appellate court indicated Wednesday that it will not rehear an appeal of Rod Blagojevich's corruption convictions, and his lawyer responded that the imprisoned former Illinois governor will appeal next to the U.S. Supreme Court.
After a three-judge panel tossed out five of his 18 convictions in July, Blagojevich had hoped the full court might overturn even more. But the 7th U.S. Circuit Court of Appeals posted a notice saying no judges on the court asked for a rehearing.
Blagojevich, 58, is serving a 14-year prison sentence at a federal prison in Colorado on convictions including his attempt to sell an appointment to President Barack Obama's old U.S. Senate seat.
An appeal to the nation's highest court is a last and seemingly slim hope for a major legal victory. The Supreme Court tends to accept cases that raise weighty issues and ones that federal courts disagree on.
But defense attorney Leonard Goodman said in a statement he believed the Supreme Court would agree Blagojevich was involved in legal, run-of-the-mill politicking.
Allowing the remaining convictions to stand "puts every public official who must raise campaign funds to stay in office and to be effective at the mercy of an ambitious or politically motivated federal prosecutor," he said.
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Appeals court won't reinstate 1990 arson-murder conviction
Law Center |
2015/08/18 13:35
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An elderly man who spent 24 years in prison for his daughter's death in a fire will remain free after a federal appeals court in Pennsylvania on Wednesday refused to reinstate his murder conviction.
Han Tak Lee, 80, a native of South Korea who earned U.S. citizenship, was exonerated and freed last year after a judge concluded the case against him was based on since-discredited scientific theories about arson. Prosecutors appealed, saying that other evidence pointed to his guilt.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals rejected the appeal, meaning Lee will stay out of prison.
The New York City shop owner had taken his 20-year-old, mentally ill daughter to a religious retreat in Pennsylvania's Pocono Mountains where, prosecutors say, he set fire to their cabin. Lee has long contended the 1989 fire was accidental.
Lee, who returned to Queens after his release from prison, did not answer his phone Wednesday. He told The Associated Press in an interview last month that he still loved America and "I expect America to make the right decision."
His attorney, Peter Goldberger, called on prosecutors to let the ruling stand.
"I hope, now, that they will finally see there is no basis for this conviction," Goldberger said. "They can say it's nobody's fault, that science changed, that this is over now, and the federal court has had the last word."
Monroe County District Attorney David Christine, who prosecuted Lee in 1990 and whose office lost the appeal, did not immediately return a text and email seeking comment. |
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