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N Carolina Supreme Court candidate sues over party label law
Court Feed News | 2018/08/05 23:16
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.

Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.

The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.

Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.



Oklahoma lawsuit against opioid makers back in state court
Court Feed News | 2018/08/04 23:16
A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.

The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to state court. Drugmakers had it moved to federal court in June.

Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017. It is seeking unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries.

Opioid manufacturers had argued the state was asking them to make different safety and efficacy disclosures to the public than required by federal law and the U.S. Food and Drug Administration. The drug manufacturers listed as defendants said opioid abuse is a serious health issue, but they deny wrongdoing.

An attorney for the companies did not immediately return a phone call seeking comment.

The ruling came just minutes after Chickasaw Nation Gov. Bill Anoatubby and Choctaw Nation Chief Gary Batton joined Hunter and Michael Burrage, a private attorney representing the tribes and the state, in announcing that the tribes are joining the state in suing the opioid manufacturers in state courts for unspecified damages.

Hunter did not immediately return a phone call for comment, but Burrage said during the news conference that the effort to return to lawsuit to state court was to keep it from potentially being folded into more than 800 similar lawsuit pending in Ohio.



Sex predator law challenged by Cosby to get court review
Court Feed News | 2018/08/01 23:17
Pennsylvania's highest court will consider whether the state can lawfully designate certain sex offenders as sexually violent predators, as it's seeking to do in the case of Bill Cosby.

Cosby's attorneys also are challenging the constitutionality of the law.

But the state Supreme Court's decision Tuesday to review the statute was made in response to an appeal by the state in a different case, not Cosby's challenge. A lower court judge had found the process by which offenders are deemed predators unconstitutional.

A state panel last week recommended a judge find Cosby to be a sexually violent predator after the 81-year-old's April conviction on aggravated indecent assault charges.

That classification would require him to receive sex offender counseling by a state-approved provider for the rest of his life.

Cosby faces sentencing Sept. 24. He plans to appeal.



German court: Catalan politician can legally be extradited
Court Feed News | 2018/07/17 16:56
A German court on Thursday removed a hurdle to the extradition of a prominent Catalan politician on charges of embezzlement, setting the stage for a possible trial in Spain but on lesser charges than prosecutors there had hoped for.

In its decision in the case of Carles Puigdemont, the Schleswig-Holstein state court said the former Catalan leader could be extradited on embezzlement charges, but not rebellion.

The charge of rebellion is not recognized in Germany and the court said related German statutes such as that against treason did not apply, because his actions "did not rise to this kind of violence."

The charges are in connection with the Catalan regional government's unauthorized referendum last year on independence from Spain and a subsequent unilateral declaration of independence by the separatist-controlled regional parliament.

The Spanish government rejects Catalan independence. Puigdemont hailed the decision as a victory, tweeting "we have defeated the central lie of the (Spanish) state. German justice denies that the referendum of October 1 was rebellion."

The decision means that if he is extradited, Puigdemont can only stand trial in Spain on embezzlement charges over allegations he misused public funds, court spokeswoman Christine von Milczewski said.

Rebellion carries a maximum sentence of 30 years in prison, while misuse of public funds carries up to 12 years.


Audit: 'Pervasive lack of accountability' in Kentucky courts
Court Feed News | 2018/07/13 23:55
In 2016, Kentucky's Administrative Office of the Courts was looking for office space for newly-elected Supreme Court Justice Sam Wright. They got two offers: One would cost more than $59,000 a year and require extensive renovations. The other space was larger, had 15 parking spaces and would cost $21,000 a year.

State officials chose the first option, even though it cost three times as much. They did not document why they chose it, and they did not visit the site before signing the lease, as state policy requires. The selection memo, which is the sole document relied on to make the decision, also left out one key detail: The company that owned the more expensive property was owned by the justice's two sons.

That's just one finding of many in a scathing audit released Thursday of the administrative arm of Kentucky's judicial system. The audit, believed to be the first ever independent examination of judicial system's finances and policies, found a "pervasive lack of accountability" and resistance to transparency. The Supreme Court sets administrative policy for the judicial branch, but they meet in secret and won't allow the public to monitor their actions. When Auditor Mike Harmon recommended they conduct administrative business in public, they refused.

"Their dismissive attitude towards key recommendations regarding ethics and accountability quite frankly saddens me," Harmon said in a news release announcing the audit's findings. "No matter what branch of government, we owe it to the taxpayers of Kentucky to strive toward openness and transparency."




Demonstrators force Fox crew from Supreme Court broadcast
Court Feed News | 2018/07/12 23:54
Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.

People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.

"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."

Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.

The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.

Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours.



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