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Court rejects appeal over DC gay marriage law
Lawyer Blog News | 2011/01/18 17:02

The Supreme Court has rejected an appeal from opponents of same-sex marriage who want to overturn the District of Columbia's gay marriage law.

The court did not comment Tuesday in turning away a challenge from a Maryland pastor and others who are trying to get a measure on the ballot to allow Washingtonians to vote on a measure that defines marriage as between a man and a woman.

Bishop Harry Jackson led a lawsuit against the district's Board of Elections and Ethics after it refused to put that initiative on the ballot. The board ruled that the ballot question would in effect authorize discrimination.

Last year, Washington began issuing marriage licenses for same-sex couples and in 2009, it began recognizing gay marriages performed elsewhere.



Court to issue ruling on Berlusconi's immunity law
Lawyer Blog News | 2011/01/17 08:51

Judges of a top Italian court began deliberating Thursday on whether to uphold a law shielding Premier Silvio Berlusconi from two trials in Milan.

The Constitutional Court must decide if the legislation complies with the constitution, including the principle that all are equal under the law. It is expected to issue its ruling later Thursday.

If the court rejects the law, Berlusconi's two trials, on corruption and tax fraud charges respectively, will resume.

Berlusconi insisted this week that his government's stability will not be affected by the decision, and that he is "totally indifferent as to whether the trials are suspended or not." He called the trials "ridiculous."

But any decision will be fraught with political repercussions, and a rejection would deal a blow to a premier already weakened by sex scandals, a fight with an ex-ally and a shaky parliamentary majority.

The legislation suspends court proceedings for up to 18 months if the defendant has a "legitimate impediment" stemming from being premier or a member of government.

The law drew accusations that it was tailor-made for the premier, but Berlusconi's lawyer told the Constitutional Court in a hearing this week that the legislation is necessary to safeguard the right to a fair defense and that the Italian criminal code already envisages cases of legitimate impediment, such as grave sickness.



NJ Supreme Court Justice limits protest
Lawyer Blog News | 2011/01/13 16:31

A New Jersey Supreme Court justice who refused to participate in all decisions while a temporary judge is assigned to the bench has tempered his protest.

Justice Roberto Rivera-Soto said in an opinion published Wednesday that he will issue decisions in cases in which Judge Edwin Stern participates, so long as the judge's vote doesn't affect the outcome.

Rivera-Soto said he'll continue to defer a decision to vote in cases where Stern's position changes the outcome.

Rivera-Soto maintains it's unconstitutional to have a temporary justice on the court when a quorum of five is present. Chief Justice Stuart Rabner appointed Stern to fill a vacancy that occurred when Gov. Chris Christie did not reappoint Justice John Wallace in May, leaving the seven-member court one member short.

Democrats who control the state Senate have refused to consider Christie's choice to replace Wallace, corporate lawyer Anne Patterson.

Rivera-Soto recently announced his plans to step down rather than seek renomination when his term expires in September. It was doubtful that the justice, who was reprimanded by the court in 2007 for intervening in a conflict between his son and another student at Haddonfield Memorial High School, would have been renominated.

Senate President Stephen Sweeney, who has been among Rivera-Soto's harshest critics, said Wednesday that the justice is unfit to serve.



Court denies bail for imprisoned ex-Ill. Gov. Ryan
Lawyer Blog News | 2011/01/10 19:07

A federal appeals court in Chicago has denied imprisoned former Illinois Gov. George Ryan's request to be freed on bail so he can spend more time with his terminally ill wife.

The court on Monday rejected the emergency motion filed by Ryan's attorneys last week after Lura Lynn Ryan was taken to intensive care suffering complications from chemotherapy.

Prison authorities did escort the 76-year-old to see his wife for two hours the same day she was admitted to the hospital. Prosecutors cited that clandestine visit as one reason judges shouldn't grant Ryan's release.

Former Gov. James Thompson, a Ryan attorney, says the defense now will ask Democratic President Barack Obama to commute Ryan's sentence from 6 1/2 years to the three years the Republican's already served for his 2006 corruption conviction.




Court upholds dismissal of wrongful-arrest lawsuit
Lawyer Blog News | 2011/01/10 18:08

A U.S. appeals court has upheld the dismissal of a lawsuit filed against the city of Waverly and a Waverly police officer.

According to the Waterloo-Cedar Falls Courier, two sisters, Maxine Veatch and Chris Price, say the Bartels Lutheran Retirement Community had retaliated against them when they raised questions about their mother's care.

Veatch had been arrested on suspicion of misdemeanor assault in September 2006. A Bartels staffer reported that she'd seen Veatch push her mother into a wheelchair. Veatch says her mother had collapsed and that she caught her mother before she hit the floor.



Appeals Court judge lobbies for high court spot
Lawyer Blog News | 2011/01/09 20:56

Appeals Court Judge Jane Markey of Grand Rapids says Gov. Rick Snyder should name her to the Michigan Supreme Court because she'd bring a west Michigan perspective.

Snyder could name a replacement as early as Monday for Justice Maura Corrigan, who steps down Friday to become Human Services director.

The 59-year-old Markey said in a release that current justices are from southeast Michigan or the Lansing area. She adds no one from Grand Rapids has been a justice since 1946.

Markey hoped to run for the high court in 2010, but Republicans nominated Wayne Circuit Court Judge Mary Beth Kelly, who beat Justice Alton Davis.



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