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Supreme Court will hear Wisconsin drunk driving case
Lawyer Blog News | 2019/01/13 08:11
The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.

Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.

The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.

Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws.



Court: State, governor can't be sued over public defenders
Class Action News | 2019/01/12 23:01
Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.

American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.

The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.

The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.

“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.

Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial.




Congo runner-up Fayulu asks court to order election recount
Class Action News | 2019/01/12 07:11
Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."

He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.

"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.

Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."

Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.

The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country.




DeSantis picks female Cuban-American for state's high court
Attorney Blogs | 2019/01/11 07:12
With the first of his three picks for the Florida Supreme Court, Republican Gov. Ron DeSantis on Wednesday chose a female Cuban-American appellate judge to become the state's newest justice. Barbara Lagoa, for the past 12 years a judge on the 3rd District Court of Appeal in Miami, was introduced by DeSantis at an event at Miami's Freedom Tower. The site is highly symbolic for Cuban-Americans because so many immigrants who fled the communist reign of Cuban leader Fidel Castro were processed into the U.S. through that building.

"In the country my parents fled, the whim of a single individual could mean the difference between food and hunger, liberty or prison, life or death," Lagoa said. "Unlike the country my parents fled, we are a nation of laws."

DeSantis, who just took office on Tuesday, said Lagoa, 51, has an impeccable judicial background and that her Cuban-American upbringing gives her extra appreciation for the rule of law. He noted that she has considered more than 11,000 cases and written 470 legal opinions.

"She has been the essence of what a judge should be" the governor said. "She understands the rule of law, how important that is to a society."

Lagoa, who grew up in the heavily Cuban-American suburb of Hialeah, attended Florida International University and Columbia University law school where she was associate editor of the Columbia Law Review. She also is a former federal prosecutor in Miami. Her father-in-law is Miami senior U.S. District Judge Paul C. Huck and her husband, Paul C. Huck Jr., is a prominent Miami attorney.


California fight on Trump birth control rules goes to court
Law & Politics | 2019/01/09 07:12
A U.S. judge will hear arguments Friday over California's attempt to block new rules by the Trump administration that would allow more employers to opt out of providing no-cost birth control to women.

Judge Haywood Gilliam previously blocked an interim version of those rules — a decision that was upheld in December by an appeals court. But the case is before him again after the administration finalized the measures in November, prompting a renewed legal challenge by California and other states.

Gilliam was not expected to rule immediately. At issue is a requirement under President Barack Obama's health care law that birth control services be covered at no additional cost. Obama officials included exemptions for religious organizations.

The new rules set to go into effect on Monday would allow more categories of employers, including publicly traded companies, to back out of the requirement by claiming religious objections. They would also allow small businesses and other employers to object on moral grounds.

The rules "protect a narrow class of sincere religious and moral objectors from being forced to facilitate practices that conflict with their beliefs," the U.S. Department of Justice said in court documents.

The states argue that millions of women could lose free birth control services, forcing them to seek contraceptive care through state-run programs and leading to unintended pregnancies.

Attorneys for California and the other states said in court documents the new rules were very similar to the interim measures. One difference is a suggestion in the new rules that women can seek contraceptive coverage through federal family planning clinics for low-income people, according to the states.



Russian court says bobsledder can keep Olympic titles
Lawyer News | 2019/01/07 21:12
Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.

The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals from those games in 2017 by the IOC for doping. He failed to overturn that disqualification at the Court of Arbitration for Sport last year.

But Moscow’s highest civil court in November upheld Zubkov’s claim that the CAS procedure was unfair and shouldn’t be recognized in Russia. That means Zubkov is legally recognized as an Olympic champion — but only in Russia.

On Friday, the court rejected an IOC-backed appeal from the Russian Olympic Committee, which earlier said letting Zubkov keep his medals could “give rise to doubt that Russia truly observes the main principles of the fight against doping.”

Zubkov strongly denies cheating. “I am a clean athlete. If you don’t know my story you can open Wikipedia and see how much I’ve done for sport and what I did in Sochi,” he said. “I brought gold medals here and gave sport 30 years (of my life).”

Friday’s ruling will also make it harder for Zubkov to be removed as president of the Russian Bobsled Federation, and may entitle him to a Russian state pension for retired star athletes.



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