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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.



Missouri death row inmate asks US Supreme Court to intervene
Lawyer Blog News | 2019/01/01 08:18
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


Supreme Court won't hear Planned Parenthood case
Lawyer Blog News | 2018/12/11 19:05
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.

Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn't result in criminal charges.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.

It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.

Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.

The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.


Mexico president blasts 'stratospheric' supreme court wages
Lawyer Blog News | 2018/12/07 03:09
The Mexican president is butting heads with the Supreme Court just one week into office after judges suspended a law that would cap public sector salaries, one of his key campaign promises.

President Andres Manuel Lopez Obrador accused the judges of looking after their own pocketbooks and of failing to grasp the "new reality" that his administration represents. The salary cuts are part of a rebalance in government that aims to raise wages for lower income workers while chopping those of top officials.

"They themselves decide that they are going to keep receiving exaggerated, stratospheric salaries - salaries of up to 600,000 pesos ($29,000) a month - those who impart justice," Lopez Obrador complained to reporters Saturday, before repeating one of his favorite mantras: "There can't be a rich government with a poor people."

The freeze throws into question the government's 2019 budget plans, which are due on Dec. 15. The suspension is pending a definitive ruling by the court.

The Mexican Congress decreed in November that, with few exceptions, no public employee should earn more than the president. Lopez Obrador's Morena party has a majority in both houses of Congress. The National Human Rights Commission then asked the court to review the law, saying it appeared to violate the constitution.


Court could deal blow to porn star, award Trump legal fees
Lawyer Blog News | 2018/11/29 01:42
Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim.

The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels.

Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair.

Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man.

She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"

U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said.

Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.


Lump of coal? Taxes more likely for online gifts this season
Lawyer Blog News | 2018/11/27 09:36
Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.

A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.

"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.

Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.

Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.



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