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Federal lawyer gets 30 days for forging document
U.S. Legal News | 2016/04/24 17:08
A U.S. Immigration and Customs Enforcement attorney was sentenced to 30 days in jail Wednesday for forging a document to make it look like a Mexican man who wanted to stay in the United States was not eligible to do so.

Jonathan M. Love was also sentenced to 100 hours of community service, must resign his law license and must pay Ignacio Lanuza $12,000 in restitution, Seattlepi.com reported. Love, 58, previously pleaded guilty to a federal deprivation of rights misdemeanor charge, acknowledging he used his position to deprive Lanuza of due process.

The U.S. Attorney's Office says Lanuza was stopped by an ICE officer in 2008, and ICE started removal proceedings.

Love was assigned the case in 2009 and submitted a document to the Immigration Court that he said was signed by Lanuza in 2000. Prosecutors say Love doctored the date to make Lanuza ineligible to have his removal cancelled.

Lanuza should have been eligible to contest his deportation because he had been living in the United States for over 10 years, showed good moral character and had a family made up of U.S. citizens. Love's forgery was meant to make it appear as though Lanuza hadn't been in the United States for 10 years and was therefore ineligible for deportation relief.

The motive for Love's actions remains unclear. He said in court Wednesday he didn't know why he did it.



Democrats push McConnell, GOP on Supreme Court nomination
U.S. Legal News | 2016/04/16 07:36
Senate Democrats called on Republicans to vote on Merrick Garland's nomination to the Supreme Court by Memorial Day, as GOP lawmakers showed no sign of relenting despite the latest round of courtesy calls.

Senate Majority Leader Mitch McConnell, R-Ky., maintains that the president chosen by voters in November should fill the vacancy on the high court, and there will be no confirmation hearings or a vote. But Senate Minority Leader Harry Reid and his Democratic colleagues are hoping that election-year pressure will eventually wear them down.

"We feel the public is on our side, and this is to their detriment," Reid told reporters Thursday at a news conference in which Democrats pressed for consideration of Garland's nomination.

One Republican in a tough re-election race, Sen. Rob Portman of Ohio, met with Garland Thursday morning and told the judge that he agreed with McConnell on delaying the nomination until after the next president takes office.



Supreme Court to swear in large group of deaf lawyers
U.S. Legal News | 2016/04/12 08:40
Mobile phones ordinarily are strictly forbidden in the marble courtroom of the nation's highest court, but the justices are making an exception next week when roughly a dozen deaf and hard-of-hearing lawyers will be admitted to the Supreme Court bar.

The lawyers will use their phones to see a real-time transcript as they take part in an April 19 swearing-in ceremony featuring the largest group of hearing-impaired attorneys ever admitted at one time to practice before the high court.

Advocates for deaf lawyers say they hope the event will encourage others with disabilities to pursue legal careers.

"We wanted to do an event that would help break down stereotypes and demonstrate clearly that deaf and hard-of-hearing individuals can achieve anything they set their minds to," said Anat Maytal, a New York lawyer and president of the Deaf and Hard of Hearing Bar Association.

Nearly 4,000 lawyers join the Supreme Court bar each year, though the vast majority will never actually represent a client there. Membership requires a $200 fee, membership in a state bar for three years and sponsorship by two current Supreme Court bar members.



Attorney: Court ruling lets Ohio political candidates lie
U.S. Legal News | 2016/03/28 19:29
Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.

Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.

In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.

Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."

Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.



Court gives green light to death penalty fast-tracking
U.S. Legal News | 2016/03/23 15:59
A federal appeals court Wednesday cleared the way for the Department of Justice to allow states to have their inmates' death penalty appeals expedited through federal court.
 
Legal organizations that challenged the DOJ's criteria for certifying states for the fast-track program lacked standing to bring the lawsuit, the 9th U.S. Circuit Court of Appeals said. The court also noted that the DOJ had not yet granted any certifications, and those certifications would be reviewed by a separate appeals court.

The decision threw out a lower court ruling that blocked the certification process.

The fast-track program would require inmates to file petitions in federal court within six months of a final ruling on their appeal in state court. They normally have a year. It would also require federal courts to act faster on the inmates' petitions.

At least one state, Arizona, has asked the DOJ to certify it for the fast-track program.

Opponents say it would force attorneys representing death penalty inmates to scramble to file appeals, possibly leading some cases to be neglected. Supporters say the program could take years off the death penalty appeals process, giving crime victims faster justice.

"This decision is important not only for the families of murder victims, but also for everyone in the United States who depends upon the rule of law and relies upon the courts to follow it," Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, said in a statement. The Sacramento-based nonprofit organization advocates for swift punishment for guilty defendants and filed arguments in the case.

Marc Shapiro, an attorney for the legal organizations that sued — the San Francisco-based Habeas Corpus Resource Center and the Office of the Federal Public Defender in Arizona — said he will ask a larger 9th Circuit panel to review the ruling.

"We're living in a time where our system of capital punishment is being exposed for its critical flaws," he said. "There's a heightened need for assuring we're not sending innocent or otherwise undeserving people to the execution chamber."

To qualify for the fast-track program, a state has to require a court to appoint an attorney to represent an indigent capital inmate unless the inmate rejects the attorney or is not


Supreme Court rejects states' challenge to Colorado pot law
U.S. Legal News | 2016/03/21 05:12
The Supreme Court has rejected an effort by Nebraska and Oklahoma to have Colorado's pot legalization declared unconstitutional.
 
The justices are not commenting Monday in dismissing the lawsuit the states filed directly at the Supreme Court against their neighbor.
   
They argued that Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws. The states also said that legalized pot in Colorado is spilling across the borders into Nebraska and Oklahoma, complicating their anti-drug efforts and draining state resources.

The Obama administration had sided with Colorado, despite the administration's opposition to making marijuana use legal.

Justices Clarence Thomas and Samuel Alito would have heard the states' lawsuit.



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