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Supreme Court denies Penobscot appeal over namesake river
Law Center | 2022/04/17 14:04
The U.S. Supreme Court on Monday declined an appeal by the Penobscot Indian Nation in its fight with Maine over ownership and regulation of the tribe’s namesake river.

It was a bitter defeat for the tribe that sued a decade ago, claiming the Penobscot River is part of its reservation.

Penobscot Chief Kirk Francis said it was a disappointing outcome in a legal case that goes to the “core identity of the Penobscot Nation.”

“We see this as a modern day territorial removal by the state by trying to separate us from our ancestral ties to our namesake river,” Francis told The Associated Press.

A federal judge previously ruled that the reservation includes islands of the river’s main stem, but not the waters. There were appeals to a panel of the 1st U.S. Circuit Court of appeals, and then to the full appeals court.

On Monday, the nation’s top court without comment declined to hear the tribe’s appeals over river regulation.

Maine Attorney General Aaron Frey and Democratic Gov. Janet Mills had no immediate comment on Monday.

The ruling came as the Maine Legislature was considering several measures that relate to tribal sovereignty.


Judge won’t halt execution over intellectual disability
Law Center | 2022/03/29 16:12
A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.

Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again. The 45-page decision comes despite agreement between Nashville’s district attorney and Black’s lawyers that he is intellectually disabled and should not be put to death.

Black is scheduled to be executed on Aug. 18 for his murder convictions in the April 1988 killings of his girlfriend and her two young daughters.

Black’s attorneys had argued the 65-year-old should be spared under a 2021 law that made Tennessee’s prohibition against executing people with intellectual disability retroactive, pointing out there is a different standard in place now than in 2004 — when the court found that Black didn’t meet the now-obsolete definition of “mental retardation.” Previously, Tennessee had no mechanism for an inmate to reopen a case to press an intellectual disability claim.

However, Kurtz ultimately concluded that the new state law does not apply to death row inmates who had previously received a ruling from a prior court.

“This Court fails to see how the federal courts’ resolution of petitioner’s intellectual disability claim can be seen as anything other than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of (Tennessee law),”Kurtz wrote. “Given the above, the Court finds that Mr. Black had a full and fair previous adjudication on the merits of his intellectual disability claim.”

Black was convicted by a Nashville court in the deaths of girlfriend Angela Clay, 29, and her daughters Latoya, 9, and Lakesha, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.

Earlier this month, District Attorney Glenn Funk — Nashville’s lead prosecutor — announced that he agreed with Black’s legal team that the inmate was intellectually disabled and should instead face a sentence of life in prison.



Nicholas C. Minshew, Attorney - Minshew & Ahluwalia LLP
Law Center | 2022/03/21 16:12
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County.

Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

In February, 2010, Mr. Minshew open his law firm to focus on obtaining favorable results for his clients while providing individualized and cost-effective legal representation, and to pursue his legal interests by devoting his practice to Family Law.

The Law Firm of Minshew & Ahluwalia is located near the District and Circuit Courts for Montgomery County, Maryland and within walking distance to the Rockville Metro Station on the Red Line.


Arkansas court: State can’t enforce ban on mask mandates
Law Center | 2021/10/01 13:05
The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COVID-19 vaccine.

In a one-page order, justices denied the request by the state to stay the August decision blocking enforcement of Arkansas’ mandate ban.

More than 100 school districts and charter schools have approved mask requirements since the ruling against the law. The requirements cover more than half the state’s public school students.

Republican Gov. Asa Hutchinson, who signed the law but later said he regretted that decision, had separately asked the court to deny the request to stay the ruling.

“I am gratified with the Arkansas Supreme Court ruling allowing the decision of Judge Fox to stand,” Hutchinson said in a statement. “Judge Fox determined the law was unconstitutional and allowed local school districts to make their own decisions on masks.”

Republican Attorney General Leslie Rutledge said she was disappointed with the ruling.

“I will wholeheartedly defend Arkansas law as this appeal progresses,” she said in a statement.

The ruling came the same day the majority-Republican Senate voted to send eight bills limiting or prohibiting employer vaccine mandates back to a committee following complaints that they were rushed through a day earlier without public comment.


Judge tells prison to seize Nassar’s money for victims
Law Center | 2021/08/22 11:56
A judge ordered the government to take money from the prison account of a former Michigan sports doctor who owes about $58,000 to victims of his child pornography crimes.

Larry Nassar has received about $13,000 in deposits since 2018, including $2,000 in federal stimulus checks, but has paid only $300 toward court-ordered financial penalties and nothing to his victims, prosecutors said.

He had a prison account balance of $2,041 in July.

“Because (Nassar) has received substantial non-exempt funds in his inmate trust account since incarceration, he was required by law to notify the court and the United States attorney and to apply those funds to the restitution that he still owed,” U.S. District Judge Janet Neff said Thursday.

In a court filing, Nassar said he had received “gifts” from “third parties.”

He said inmates should be paid a “living wage” for prison jobs so they can “make reasonable payments towards restitution.”

Nassar was a doctor at Michigan State University and USA Gymnastics, which trains Olympians. He pleaded guilty in federal court to child pornography crimes before pleading guilty in state court to sexually assaulting female gymnasts.

Nassar is serving decades in prison.


Ruling is final blow to New Hampshire voter registration law
Law Center | 2021/07/02 15:24
The New Hampshire Supreme Court struck a final blow Friday to a 2017 voter registration law that faced repeated legislative and court challenges, upholding a previous ruling that it’s unconstitutional.

The law required additional documentation from voters who register within 30 days of an election. It was passed by the Republican Legislature after President Donald Trump alleged that widespread voter fraud led to his loss in the state in 2016, though there is no evidence to support that and voter fraud cases are rare. Supporters said the law would increase trust in elections by requiring people to prove they live where they vote, but opponents argued it was confusing, unnecessary and intimidating.

After the New Hampshire Democratic Party and the League of Women Voters sued, a judge allowed the law to take effect in 2018 but blocked penalties of a $5,000 fine and a year in jail for fraud. In 2019, after Democrats won control of the Legislature, lawmakers passed a bill to repeal the law, but it was vetoed by Republican Gov. Chris Sununu.

The case went to trial in late 2019, and a judge ruled in April 2020 that the law was unconstitutional. The Supreme Court upheld that decision Friday.

“We acknowledge that the interests identified by the state are important, if not vital,” Justice Patrick Donovan wrote in the unanimous order. But the law failed to further those objectives while imposing unreasonable burdens on the right to vote, the court concluded.

Democratic Party Chair Ray Buckley said the ruling “sends a clear message to Chris Sununu and NH Republicans that their insidious voter suppression schemes will not stand in New Hampshire.”

“Today, we celebrate this incredible victory for voting rights. Tomorrow, we will continue to work to protect voting rights in the Granite State,” he said in a statement.

Sununu encouraged the Legislature to propose new legislation taking the court order into account.

“It’s disappointing that these commonsense reforms were not supported by our Supreme Court, but we have to respect their decision,” he said.

In its ruling, the court rejected the state’s argument that the law could only be struck down if it was unconstitutional in every set of circumstances. Similarly, it disagreed with the state’s claim that the law shouldn’t be deemed unconstitutional because only some, but not all, voters are burdened by it.



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