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Child remains found at New Mexico compound, man due in court
Court Feed News |
2018/08/07 15:39
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For months, neighbors worried about a squalid compound built along a remote New Mexico plain, saying they brought their concerns to authorities long before sheriff's officials first found 11 hungry children on the lot, and then the remains of a small boy.
Two men and three women also had been living at the compound, and were arrested following a raid Friday that came as officials searched for a missing Georgia boy with severe medical issues.
Medical examiners still must confirm whether the body found at the property in a second search on Monday is that of Abdul-ghani Wahhaj, who was 3 in December when police say his father took him from his mother in Jonesboro, Georgia.
The boy's father, Siraj Ibn Wahhaj, was among those arrested in the compound raid that has since resulted in the series of startling revelations on the outskirts of Amalia, a tiny town near the Colorado state line marked by scattered homes and sagebrush. Authorities said they found the father armed with multiple firearms, including an assault rifle.
Siraj Ibn Wahhaj was scheduled to appear in court Wednesday on a warrant from Georgia that seeks his extradition to face a charge of abducting his son from that state last December. He had expressed wanting to perform an exorcism on his son, the warrant said.
The group arrived in Amalia in December, with enough money to buy groceries and construction supplies, according to Tyler Anderson, a 41-year-old auto mechanic who lives nearby.
He said Tuesday he helped the newcomers install solar panels after they arrived but eventually stopped visiting. |
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Filing period opens for West Virginia Supreme Court seat
Lawyer Blog News |
2018/08/06 16:16
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The filing period has begun for a special election for the West Virginia Supreme Court.
The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.
Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.
Ketchum announced his retirement last month. He had two years remaining in his term.
Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison. |
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N Carolina Supreme Court candidate sues over party label law
Court Feed News |
2018/08/05 23:16
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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.
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Oklahoma lawsuit against opioid makers back in state court
Court Feed News |
2018/08/04 23:16
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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.
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SC Supreme Court to decide if elected sheriff is qualified
Class Action News |
2018/08/03 23:16
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Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.
Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.
Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.
After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.
Stearns, a Republican, received 57 percent of the vote in the 2016 election.
Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.
Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree. |
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With scant record, Supreme Court nominee elusive on abortion
Business Law Info |
2018/08/02 23:17
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Twice in the past year, Brett Kavanaugh offered glimpses of his position on abortion that strongly suggest he would vote to support restrictions if confirmed to the Supreme Court.
One was in a dissent in the case of a 17-year-old migrant seeking to terminate her pregnancy. The other was a speech before a conservative group in which he spoke admiringly of Justice William Rehnquist's dissent in the 1973 Roe v. Wade case that established a woman's right to abortion.
Yet the big question about Kavanaugh's view on abortion remains unanswered: whether he would vote to overturn Roe. He'll almost certainly decline to answer when he is asked directly at his confirmation hearing. Decades of Kavanaugh's writings, speeches and judicial opinions, reviewed by The Associated Press, reveal a sparse record on abortion.
That leaves the migrant case, known as Garza v. Hargan, and the Rehnquist speech as focal points for anti-abortion activists who back President Donald Trump's nominee and for abortion rights advocates who say Kavanaugh has provided ample clues to justify their worst fears.
"This is the rhetoric from the anti-abortion groups being used by a potential Supreme Court justice, and that really gives us pause," said Jacqueline Ayers, the national director of legislative affairs for Planned Parenthood Federation of America.
Democrats have been casting Kavanaugh as a threat to abortion rights as they face the difficult task of blocking his nomination in a Senate where Republicans hold a narrow majority. Kavanaugh's views on other issues, such as the reach of presidential powers, will also be part of a confirmation fight. But abortion is perpetually a contentious issue for court nominees, and the stakes are particularly high this time since Kavanaugh would be replacing the moderate Justice Anthony Kennedy, who has voted to uphold abortion rights.
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