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City, landowner appeal Supreme Court's Buffalo Chip ruling
Lawyer Blog News | 2018/02/15 15:02
The city of Sturgis and a Meade County landowner have appealed the South Dakota Supreme Court's decision in favor of the incorporation of the city of Buffalo Chip.

Buffalo Chip is located outside Sturgis and used to be a campground mainly used by motorcyclists.

The court last month said any challenge to a 2015 vote to incorporate Buffalo Chip must be brought by the state.

The Black Hills Pioneer reports that the city of Sturgis and landowner Jane Murphy this week asked for a rehearing of the case. Murphy says, "this is such a mess and the court did nothing to clear it up."


Supreme Court blocks some redrawn North Carolina districts
Lawyer Blog News | 2018/02/08 07:19
The U.S. Supreme Court told North Carolina officials late Tuesday they must use some but not all of the state's legislative districts that other federal judges redrew for this year's elections.

The justices partially granted the request of Republican lawmakers who contend the House and Senate maps they voted for last summer were legal and didn't need to be altered.

A three-judge panel determined those GOP-approved boundaries contained racial bias left over from maps originally approved in 2011 and violated the state constitution. So the lower-court judges hired a special master who changed about two dozen districts in all. The judges approved them last month.

The Supreme Court's order means more than half of those districts redrawn by Stanford University law professor Nathaniel Persily will revert to their shapes from last summer. The order said House district changes made in the counties that include Charlotte and Raleigh because of state constitutional concerns are blocked while the full case is appealed, but changes made elsewhere to alleviate racial bias must be used.

The maps containing the partial changes will be used when candidate filing for all 170 General Assembly seats begins next Monday.

Boundaries approved by the General Assembly last August kept Republicans in a position to retain veto-proof majorities in the chambers, which has helped them advance their conservative-leaning agenda this decade. But Democrats are bolstered after successful elections in other states last year. Tuesday's ruling means Democrats could find it harder to win more House districts than they hoped.

Dozens of North Carolina voters originally were successful in overturning the 2011 districts as racial gerrymanders. They subsequently asked Chief Justice John Roberts, who receives appeals from the state, to allow the lower court's directive and require the changes approved by the three judges be used.

The Republicans' request was considered by the entire court and the order reflected division among the justices. Justices Clarence Thomas and Samuel Alito would have agreed to block all of the changes to the maps approved by the lower-court panel. Yet Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the GOP's request entirely, according to the order.



Top Connecticut court cases in 2018 involve Newtown, Skakel
Lawyer Blog News | 2018/01/10 13:57
The Connecticut Supreme Court is expected to issue decisions and hear arguments in a variety of notable cases in 2018, including a newspaper’s quest for documents that belonged to the Newtown school shooter and Kennedy cousin Michael Skakel’s appeal of his murder conviction.

The Hartford Courant and the state Freedom of Information Commission are appealing a decision by a lower court judge, who ruled in April that state police don’t have to release documents that belonged to shooter Adam Lanza. The commission had ordered state police to release the documents.

The 20-year-old Lanza shot his mother to death at their Newtown home before killing 20 first-graders and six educators at Sandy Hook Elementary School on Dec. 14, 2012. He killed himself as police arrived at the school.

The materials requested by the Courant include a spreadsheet ranking mass murders and a notebook titled “The Big Book of Granny,” which contains a story Lanza wrote in fifth grade about a woman who has a gun in her cane and shoots people and another character who likes hurting people, especially children.

Lawyers in the case did not return messages seeking comment. Andrew Julien, publisher and editor-in-chief of the Courant, declined to comment.


Often at odds, Trump and GOP relish tax win, court picks
Lawyer Blog News | 2018/01/06 13:56
Donald Trump's unpredictable, pugnacious approach to the presidency often worked against him as Republicans navigated a tumultuous but ultimately productive year in Congress.

Trump's major accomplishments, confirmation of conservative Supreme Court Justice Neil Gorsuch and a major tax cut, actually came with relatively little drama. But Republicans often struggled to stay on the rails, particularly with a big pratfall on health care and repeated struggles to accomplish the very basics of governing.

Several shutdown deadlines came and went, and a default on the government's debt was averted, thanks to a momentary rapprochement with top Democrats, House Minority Leader Nancy Pelosi and Sen. Chuck Schumer. But a promised solution to the plight of young immigrants brought to the country illegally as infants or children was delayed, while a routine reauthorization of a program providing health care to 9 million low-income kids stalled as well.

Often it seemed as if Trump were more interested in picking fights on Twitter than the nuts and bolts of legislating.

A catchall spending deal in May got relatively little attention for what it accomplished, overshadowed by Trump's threat to shut the government down if he didn't get a better deal the next time. But there was no next time — and about $1.2 trillion in unfinished agency budgets got punted into the new year.

Still, there was no shortage of drama this year on Capitol Hill. Trump displayed a penchant for picking fights with fellow Republicans: Arizona's two senators John McCain and Jeff Flake; Tennessee's Bob Corker and Majority Leader Mitch McConnell of Kentucky. Onetime Republican rivals such as Sens. Ted Cruz of Texas and Lindsey Graham of South Carolina came firmly into Trump's fold — even as Corker and Flake, both facing potentially difficult primary races, announced their retirements.


Court extends house arrest for Russian theater director
Lawyer Blog News | 2017/10/19 01:23
A court in Russia's capital ruled Tuesday to extend the house arrest of a widely revered theater and film director.

Kirill Serebrennikov was detained and put under house arrest in August in a criminal case that sent shockwaves across Russia's art community and raised fears of return to Soviet-style censorship.

Moscow's Basmanny District Court decided to keep Serebrennikov under house arrest until Jan. 19 per investigators' request.

Investigators have accused him of scheming to embezzle about $1.1 million in government funds allocated for one of his productions and the projects he directed between 2011 and 2014.

Serebrennikov has dismissed the accusations as absurd.



Australia's High Court to consider fate of 7 lawmakers
Lawyer Blog News | 2017/10/09 23:53
Australia's prime minister said Monday that he was confident that government lawmakers would win a court challenge this week that threatens his administration's slender majority.

Seven High Court judges will decide whether seven lawmakers should be disqualified from Parliament because of a constitutional ban on dual citizens being elected. The three-day hearing begins Tuesday.

The fate of Deputy Prime Minister Barnaby Joyce is most crucial to the government in an unprecedented political crisis.

If the court rules that he was illegally elected in July last year due to New Zealand citizenship he unknowingly inherited from his father, the ruling conservative coalition could lose its single-seat majority in the House of Representatives, where governments are formed.

Joyce could stand in a by-election, having renounced his Kiwi citizenship. But with the government unpopular in opinion polls, voters in his rural electoral division could take the opportunity to throw both the deputy prime minister and his administration out of office.

Two of the six senators under a cloud are government ministers. Fiona Nash inherited British citizenship from her father and Matt Canavan became an Italian through an Australian-born mother with Italian parents. Disqualified senators can be replaced by members of the same party without need for an election.

Prime Minister Malcolm Turnbull has given no indication of what his government would do if the court rules against any of the three ministers.



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