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Supreme Court temporarily blocks new NC districts, elections
Court Feed News | 2017/01/11 21:06
The U.S. Supreme Court on Tuesday temporarily blocked a lower court ruling that had directed North Carolina legislators to redraw state legislative districts by March 15 and hold special elections within the altered districts this fall.

The court order granted the request of North Carolina Republican legislative leaders and state officials to delay November's ruling by a three-judge panel. The panel last summer threw out 28 state House and Senate districts as illegal racial gerrymanders.

The Supreme Court says its order will stay in place at least until the court decides whether to hear an appeal the state previously requested. If the justices take up the case, the stay will remain in effect pending a decision.

If no special elections are required, the next round of General Assembly elections would be held in late 2018. The GOP currently holds majorities large enough to override any vetoes by newly installed Democratic Gov. Roy Cooper. Special elections could give Democrats a chance to narrow those margins and give leverage to Cooper.

The delay comes in an atmosphere of intense political division in the state: On Tuesday, the governor expanded the scope of a lawsuit he previously had filed seeking to overturn laws GOP legislators passed to limit his powers just two weeks before he was sworn in.

The voters who sued over the maps alleged that Republican lawmakers drew the boundaries to create more predominantly white and Republican districts by effectively cramming black voters into adjacent Democratic districts. GOP lawmakers said the majority-black districts were drawn to protect them against lawsuits alleging they violated the U.S. Voting Rights Act.



Ohio brother slaying case might return to juvenile court
U.S. Legal News | 2017/01/11 21:06
An Ohio teenager accused of killing his 14-year-old brother after an argument over Halloween candy will have a hearing Feb. 9 to determine whether his case is handled in juvenile court or the adult court system.

The 16-year-old Springfield boy was charged with aggravated murder and pleaded not guilty and not guilty by reason of insanity in Clark County Common Pleas Court.

The Springfield News-Sun reports the case is returning to juvenile court for a hearing because of a recent Ohio Supreme Court case. In that ruling, justices said automatically transferring certain juvenile cases to adult courts is unconstitutional.

Authorities allege the Springfield teen beat his brother with a baseball bat, then stabbed him. Their grandmother found the younger teen dead in bed on Oct. 31.


Gambia's leader says only court can declare who's president
Lawyer Blog News | 2017/01/11 05:06
Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.

On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.

The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.

The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.

"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.

The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.




High Court won't hear appeal over Backpage.com escort ads
U.S. Legal News | 2017/01/11 05:06
The Supreme Court said Monday it won't hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.

The justices left in place a lower court ruling that said federal law shields Backpage from liability because the site is just hosting content created by people who use it.

The women say they were sold as prostitutes in Massachusetts and Rhode Island through advertisements for escort services on the site when they were as young as 15. They say Backpage is not protected by the Communications Decency Act because the company not only hosted the ads, but created a marketplace that makes child sex trafficking easier. Backpage has denied those allegations.



Supreme Court won’t hear Giordano appeal in child-sex case
Lawyer Blog News | 2017/01/10 05:07
The U.S. Supreme Court has again refused to hear an appeal by former Waterbury Mayor Philip Giordano, who is fighting a 37-year prison sentence for sexually abusing two young girls while in office.

The court’s decision was released Monday. Justices previously refused to hear two earlier appeals by Giordano.

Giordano was challenging a federal appeals court decision in June to dismiss his request to set aside or correct his sentence. Giordano says the prison sentence is unconstitutional and his lawyer during his 2003 trial, Andrew Bowman, made several mistakes.

Bowman has denied that he provided ineffective counsel.

A federal jury convicted Giordano in 2003 of violating the civil rights of two girls, ages 8 and 10, by sexually abusing them in the mayor’s office and other locations.

Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



Supreme Court rejects appeal from flight-sharing company
Lawyer News | 2017/01/08 05:07
The Supreme Court won't hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.

The justices on Monday left in place a lower court ruling that said Boston-based Flytenow could not operate a website that connected private pilots with passengers willing to share fuel costs and other flight expenses.

The Federal Aviation Administration shut down the website in 2015 after finding that the service violated flight regulations.

Cost-sharing arrangements have long been allowed through word of mouth, bulletin boards and email. But the FAA said using a website was like advertising and subjected those pilots to the same elaborate safety regulations as commercial airlines.

Flytenow argued that it was applying modern technology to a practice that has been around for decades.



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