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Ruling gives Sandusky back $4,900-a-month Penn State pension
Topics |
2015/11/15 22:07
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The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.
A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.
"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU
employee."
Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.
The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities.
The basis for the pension board's decision was a provision in the state Pension Forfeiture Act that applies to "crimes related to public office or public employment," and he was convicted of indecent assault and involuntary deviate sexual intercourse.
The judges said the board's characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous because he did not maintain an employer-employee relationship with the university after 1999.
The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments.
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Court won’t hear case over grant to Planned Parenthood
Politics |
2015/11/14 22:08
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The Supreme Court has rejected an anti-abortion group’s bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.
The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life.
Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire. The move followed action by the state’s Executive Council to stop a long-standing practice of funneling federal money to the clinics. Councilors who opposed funding Planned Parenthood said they didn’t want grant money given to the organization because it provides abortions using private funds.
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Mississippi Supreme Court narrowly grants same-sex divorce
Headline News |
2015/11/06 14:48
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The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.
Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.
On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.
In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.
Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.
Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.
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Kansas Supreme Court to take up school funding case
Court Watch |
2015/11/05 14:48
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A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, more pessimistic revenue projections.
Four districts that are suing the state have asked justices to lift a stay on a lower court ruling and release state funds to public school districts. A three-judge Shawnee County District Court panel found in June that the state’s newly enacted strategy for financing 286 school districts and cuts to state aid for low-income school districts were unconstitutional.
The Supreme Court approved Kansas Attorney General Derek Schmidt’s request for a stay on the order while he pursued an appeal. The state argues in court filings that “doomsday predictions” about students and the state suffering because of how schools are being funded “have proven to be pure hyperbole.”
Education, from K-12 through the collegiate level, is the state’s largest expenditure, accounting for 62 percent of its budget. Any increase in education spending has the potential to create budget havoc when the Legislature reconvenes in January.
Since the current fiscal year began in July, tax collections have fallen about 4.1 percent short of expectations, at $1.8 billion. The state has struggled to balance its budget since Republican legislators slashed personal income taxes in 2012 and 2013 at Brownback’s urging, in an effort to stimulate the economy.
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Romania's outgoing PM appears at court for corruption trial
Opinions |
2015/11/04 14:48
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Romania's outgoing prime minister has appeared at the high court where he's on trial for tax evasion, money-laundering, conflict of interest and making false statements.
Victor Ponta arrived at the High Court for Cassation and Justice Friday, declining comment saying he was now "a private citizen."
Ponta and his Cabinet resigned Wednesday after mass protests following a nightclub fire that killed more than 30. Protesters have staged mass rallies demanding better governance.
The charges Ponta faces refer to a period when he was working as a lawyer. He denies wrongdoing.
Prosecutors say Ponta, who is still a lawmaker, forged expense claims worth at least 181,000 lei ($45,000) from the law firm of political ally. Prosecutors say he pretended he worked as a lawyer to justify getting money from the firm.
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Supreme Court troubled by DA's rejection of black jurors
Court Watch |
2015/11/03 09:09
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The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.
At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.
Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.
Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.
Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.
Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing. |
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