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Supreme Court puts Obama's climate change plan on hold
Law Firm News |
2016/02/10 13:43
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A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.
The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.
The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.
Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.
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Supreme Court rejects appeal to outlaw death penalty
Law Firm News |
2016/01/30 13:45
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The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.
The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.
Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.
Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.
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EU court dismisses Barcelona football trademark case
Law Firm News |
2015/12/10 15:37
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A European Union court has rejected an attempt by Spanish soccer giant Barcelona to have part of its club crest registered as a European trademark.
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services."
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2 charged in pastor's wife killing say little in court
Law Firm News |
2015/11/28 22:39
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy. |
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German court: former SS Auschwitz guard fit for trial
Law Firm News |
2015/11/01 09:09
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A German court says a 93-year-old former SS sergeant charged with 170,000 counts of accessory to murder on allegations he served as an Auschwitz death camp guard has been declared fit for trial.
The Detmold state court said Monday a doctor determined that Reinhold H., whose last name wasn't given for privacy reasons, is fit to stand trial so long as sessions are limited to two hours per day.
Defense attorneys and prosecutors now have two weeks to submit responses to the expert opinion. The court will then decide whether to open a trial.
H. is accused of being an accessory to murders at Auschwitz from January 1943 to June 1944. The suspect says he was assigned to a part of the camp not involved in the mass murders.
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Federal court programs aim to keep defendants out of prison
Law Firm News |
2015/10/20 15:42
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Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.
Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.
"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."
Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.
About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.
"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."
Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.
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