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Court to release grand jury record in Breonna Taylor case
Court Watch | 2020/09/30 10:04
Kentucky’s attorney general acknowledged that he never recommended homicide charges against any of the police officers conducting the drug raid that led to Breonna Taylor’s death, and said he didn’t object to a public release of the grand jury’s deliberations.

Amid outrage over the jury’s decision last week to not charge any of the officers for Taylor’s fatal shooting, Attorney General Daniel Cameron said Monday that he also did not object to members of the panel speaking publicly about their experience.

“We have no concerns with grand jurors sharing their thoughts on our presentation because we are confident in the case we presented,” Cameron said in a written statement.

Cameron also revealed late Monday that the only charge he recommended to the grand jury was that of wanton endangerment. He had previously declined to say what charges he recommended.

The grand jury last week charged Officer Brett Hankison with three counts of wanton endangerment for firing through Taylor’s apartment into an adjacent unit with people inside. No one in the adjacent unit was injured. Hankison, who was fired from the force for his actions during the raid, pleaded not guilty on Monday.

None of the officers was indicted in the killing of Taylor, who was shot five times after they knocked down her door to serve a narcotics warrant on March 13. In a TV interview Tuesday evening, Cameron also indicated that he had recommended no charges against the other officers, Jonathan Mattingly and Myles Cosgrove.

Speaking to WDRB-TV in Louisville, he remarked of the grand jury, “They’re an independent body. If they wanted to make an assessment about different charges, they could have done that. But our recommendation was that Mattingly and Cosgrove were justified in their acts and their conduct.”

At a news conference last week, Cameron said Mattingly and Cosgrove were justified in firing their weapons because Taylor’s boyfriend had fired at them first. Mattingly was struck by a bullet in the leg. There was no conclusive evidence that any of Hankison’s bullets hit Taylor, Cameron said.



Court allows public nuisance suits against 3 Alabama casinos
Stock Market News | 2020/09/26 08:36
Courts in two rural counties were wrong when they dismissed lawsuits filed by the state seeking to have three casinos declared public nuisances, the Alabama Supreme Court ruled Friday.

The decision meant the state can resume cases challenging operations at VictoryLand in Macon County as well as White Hall Entertainment and Southern Star Entertainment in Lowndes County.

Neither the state attorney general’s office nor an attorney on the side of a company involved with the casinos immediately replied to messages seeking comment.

The state, which has repeatedly attempted to shut down gambling halls with electronic games resembling slot machines, filed separate lawsuits in 2017 asking courts to declare that the casinos, located east and west of Montgomery, were public nuisances because they promoted illegal gambling.

The defendants asked courts to dismiss the lawsuits, arguing that state courts did not have the power to hear the cases and claiming the attempted shutdowns were wrong since the state did not include Wind Creek casinos operated by the Poarch Band of Creek Indians in the case.

A county judge sided with the casino operators and dismissed the Macon County lawsuit last year, and the justices considered both cases for purposes of appeal since they involved issues that were virtually identical.

In a 74-page opinion written by Associate Justice Kelli Wise, the court ruled the Poarch Band of Creek Indians, based in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.

in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.

While the county judges both determined they lacked the legal power to consider the cases, helping lead to the dismissals, the state argued the courts can consider the suits. The justices agreed and sent the cases back to circuit court.



Senate GOP plans vote on Trump’s court pick before election
Securities Lawyers | 2020/09/23 10:13
Votes in hand, Senate Republicans are charging ahead with plans to confirm President Donald Trump’s pick to fill the late Justice Ruth Bader Ginsburg’s  Supreme Court seat before the Nov. 3 election, launching a divisive fight over Democratic objections before a nominee is even announced.

Trump said Tuesday he will name his choice Saturday, confident of support. Democrats say it’s too close to the election, and the winner of the presidency should name the new justice. But under GOP planning, the Senate could vote Oct. 29.

“I guess we have all the votes we’re going to need,” Trump told WJBX FOX 2 in Detroit. “I think it’s going to happen.”

Republicans believe the court fight will energize voters for Trump, boosting the party and potentially deflating Democrats who cannot stop the lifetime appointment for a conservative justice . The Senate is controlled by Republicans, 53-47, with a simple majority needed for confirmation. The one remaining possible Republican holdout, Mitt Romney of Utah, said Tuesday he supports taking a vote.

Still, with early presidential voting already underway in several states, all sides are girding for a wrenching Senate battle over health care, abortion access and other big cases before the court and sure to further split the torn nation.

It is one of the quickest confirmation efforts in recent times. No court nominee in U.S. history has been considered so close to a presidential election. And it all comes as the nation is marking the grave milestone of 200,000 deaths from the coronavirus pandemic.

During a private lunch meeting Tuesday at Senate GOP campaign headquarters, several Republican senators spoke up in favor of voting before the election. None advocated a delay.

Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the court’s steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. The Senate Democratic leader, Chuck Schumer, said “we should honor her dying wish,” which was that her seat not be filled until the man who wins the presidential election is installed, in January.

But that seemed no longer an option. So far, two Republicans have said they oppose taking up a nomination at this time, but no others are in sight. Under Senate rules, Vice President Mike Pence could break a tie vote.


Israel court says woman can be extradited in child sex case
Court News | 2020/09/21 10:14
An Israeli court on Monday approved the extradition of a former teacher wanted in Australia on charges of child sex abuse, potentially paving the way for her to stand trial after a six-year legal battle.

Malka Leifer, a former educator who is accused of sexually abusing several former students, has been fighting extradition from Israel since 2014. Leifer maintains her innocence and the battle surrounding her extradition has strained relations between Israel and Australia.

Earlier this month, Israel's Supreme Court rejected an appeal by Leifer's attorney over a Jerusalem court's ruling that she was mentally fit to stand trial, saying it was “putting an end to the saga that has been drawn out for many years.”

On Monday, the Jerusalem District Court ruled that Leifer could be extradited to Australia to stand trial for 74 charges of child sex abuse. The formal extradition now requires an order by Israel's justice minister.

Leifer’s attorneys said they would appeal an extradition order to Israel’s Supreme Court, saying it would be a "political decision."

“For those who think that this chapter is now closed, I’m sorry, the process will still last quite a few months more,” said Nick Kaufman, one of Leifer’s defense lawyers.

Critics, including Leifer’s alleged victims, have accused Israeli authorities of dragging out the case for far too long.

State prosecutor Avital Ribner Oron said Leifer had made “every effort to avoid and delay the extradition proceedings” but that “today the court put an end to those efforts and declared her extraditable to Australia.”

The ruling “was an important decision for the rule of law, for international cooperation, and most importantly, to the victims of Malka Leifer’s crimes,” Oron said.


Supreme Court Justice Ruth Bader Ginsburg dies at 87
Court Watch | 2020/09/19 11:19
Supreme Court Justice Ruth Bader Ginsburg, a towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington. She was 87.

Ginsburg died of complications from metastatic pancreatic cancer, the court said.

Her death just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republican-led Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known. Majority Leader Mitch McConnell said late Friday that the Senate will vote on Trump’s pick to replace Ginsburg, even though it’s an election year.

Trump called Ginsburg an “amazing woman” and did not mention filling her vacant Supreme Court seat when he spoke to reporters following a rally in Bemidji, Minnesota.

Biden said the winner of the November election should choose Ginsburg’s replacement. “There is no doubt — let me be clear — that the voters should pick the president and the president should pick the justice for the Senate to consider,” Biden told reporters after returning to his hometown of Wilmington, Delaware, from campaign stops in Minnesota.

Chief Justice John Roberts mourned Ginsburg’s passing. “Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute champion of justice,” Roberts said in a statement.

Ginsburg announced in July that she was undergoing chemotherapy treatment for lesions on her liver, the latest of her several battles with cancer.

Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirer s. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities, and the strength and resilience she displayed in the face of personal loss and health crises.


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