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Appeals court weighs suit in US Marshals shooting
Headline News |
2015/01/30 21:06
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An appeals court is deciding whether deputy U.S. marshals who shot and wounded a teenage driver eight years ago may be sued in federal court, a case that's unfolding amid a national debate about police use of force and the legal protections afforded to law enforcement.
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments last month and could issue an opinion soon.
The case of driver Michael Fenwick raises questions about how police can deal with fleeing individuals and the role video should play in analyzing a police pursuit. A case that presented similar issues was decided by the U.S. Supreme Court last year after fascinated justices watched dashboard camera video of the chase.
The key issue for the appeals court is whether the deputies are entitled to qualified immunity, a legal principle that shields government officials from being sued unless their actions violate clearly established constitutional rights. A lower-court judge in 2013 allowed the case to go forward, saying there were legitimate questions about whether excessive force was used, but rejected many other arguments from Fenwick's lawyer.
An appeals court ruling in favor of the marshals would end the case. But if the judges prove sympathetic to arguments that the shooting was unjustified, the case would be returned to the trial court, where it could ultimately reach a jury and add to a body of law that is still developing. That's a potentially heavy legal burden, given past court decisions that give law enforcement leeway in firing at fleeing suspects if they feel endangered. |
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Judicial candidates' appeals for campaign cash at high court
Headline News |
2015/01/20 20:32
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The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.
The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.
The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.
A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.
In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.
The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.
In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias. |
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High court rejects military contractors appeals
Court Feed News |
2015/01/20 20:32
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The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims. |
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NC Supreme Court to hear child killer's case
Class Action News |
2015/01/13 21:18
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The state Supreme Court will hear arguments in the case of a man convicted of first-degree murder in the death of his 10-month-old stepdaughter, whom he admitted abusing and killing in a drunken rage.
The court will hold the hearing Monday in the case of Joshua Stepp, who was convicted of killing Cheyenne Yarley in November 2009. The jury's finding that Stepp sexually abused the child was key to convicting him of first-degree murder instead of second-degree murder. He's serving a life sentence without parole.
Stepp said he didn't sexually abuse the girl but instead aggressively cleaned her during a diaper change.
In a 2-1 decision last year, the Appeals Court said jurors should have been told Stepp's cleaning of the child was an accepted medical practice under state law. |
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Gay marriage bans in South will be heard in federal court
Law Firm Press |
2015/01/13 21:18
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Bans on gay marriage in three staunchly conservative Southern states were to get a hearing in a federal appeals court Friday — the latest legal battle over an issue expected to be settled by the nation's highest court.
A three-judge panel of the 5th U.S. Circuit Court of Appeals was scheduled to hear arguments from state attorneys from Texas, Louisiana and Mississippi — all of which passed bans on same-sex marriages — and from the lawyers arguing against the bans.
The cases represent what could be among the last argued in federal court before the U.S. Supreme Court takes up the issue. The high court on Friday was eyeing the possibility of putting gay marriage on its calendar for this term.
Gay marriage is now legal in 36 states and Washington, D.C., as bans on gay and lesbian marriages have been struck down across the nation.
The appellate court in New Orleans took the highly unusual step of consolidating appeals from the three Southern states into one session, which is expected to last about three hours Friday. |
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Appeals court won't delay or move Tsarnaev trial
U.S. Legal News |
2015/01/06 00:17
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The trial of marathon bombing suspect Dzhokhar Tsarnaev can begin as scheduled Monday in Boston after a federal appeals court ruled that the defense had not met the "extraordinary" standard required to justify its intervention.
The 1st U.S. Circuit Court of Appeals announced its decision Saturday. Tsarnaev's lawyer had asked the court to delay the trial and move it out of Massachusetts, saying he couldn't get a fair trial in a place where so many were affected by the bombings.
The appeals court ruled 2-1 to avoid intervening in the trial's timing and location.
"The judges in the majority are satisfied that full consideration has been given to the issues raised by the petition, and it is clear that the petition falls short of meeting the requirements for issuing the extraordinary writ of mandamus," two judges said in the majority opinion. One judge dissented, saying he didn't have enough time to carefully consider the petition filed Wednesday.
One of Tsarnaev's attorneys, Miriam Conrad, declined to comment Saturday.
Tsarnaev has pleaded not guilty to 30 charges connected to the April 2013 explosions that killed three people and wounded more than 260 others. Some of the charges carry the death penalty. |
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