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Court rejects AG Kane's request to reinstate law license
Topics in Legal News | 2016/02/06 12:42
Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.

The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.

A Kane spokesman said the first-term Democrat was disappointed, but not surprised.

A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.

"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."

In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.

In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.

Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.



2 charged in pastor's wife killing say little in court
Topics in Legal News | 2015/11/27 22:28
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.


Court won’t hear case over grant to Planned Parenthood
Topics in Legal News | 2015/11/14 16:11
The Supreme Court has rejected an anti-abortion group’s bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.

The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life.

Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire. The move followed action by the state’s Executive Council to stop a long-standing practice of funneling federal money to the clinics. Councilors who opposed funding Planned Parenthood said they didn’t want grant money given to the organization because it provides abortions using private funds.




Appeals court upholds injunction halting health mandate
Topics in Legal News | 2015/09/19 15:31
A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of directly paying for it.
 
The ruling by a three-judge 8th U.S. Circuit Court of Appeals panel in St. Louis upheld lower court decisions that sided with plaintiffs who included three Christian colleges in Missouri, Michigan and Iowa.

The 25-page opinion conflicts with all other federal appellate courts, which have found in the U.S. government's favor.

As religiously affiliated entities, those colleges victorious with Thursday's ruling don't have to pay directly for their workers' birth control. Instead, they can seek an accommodation that requires their insurance providers to pay for it. But the groups still say the scheme makes them complicit in the providing of contraception and subjected them to possible fines for noncompliance.

Circuit Judge Roger Wollman, writing the ruling on the panel's behalf, wrote that the contraceptive mandate and accommodation process of the Affordable Care Act substantially burdens the plaintiffs' exercise of religion.

Those plaintiffs included Heartland Christian College in Newark, Missouri, Dordt College in Sioux Center, Iowa, and Cornerstone University in Grand Rapids, Michigan, as well as Bethel, Missouri-based CNS International Ministries Inc., a nonprofit provider of addiction services.

The Justice Department, which has called the lawsuits meritless and an attempt to prevent female employees from obtaining coverage, defended the federal government in the cases but directed The Associated Press' questions Thursday to the White House, where a statement called the rulings disappointing.

"As all of the other seven U.S. courts of appeals to address this issue have held, the contraceptive accommodation process strikes the proper balance between ensuring women have equal access to health care and protecting religious beliefs," that statement read.




Wife says Chinese rights lawyer being denied legal counsel
Topics in Legal News | 2015/07/19 09:18
A prominent Chinese rights lawyer whose trial is drawing near on charges of inciting ethnic hatred and provoking trouble has been denied access to lawyers for nearly a month, his wife and one of his attorneys said Monday.

Meng Qun, wife of Pu Zhiqiang, raised the concern in an open letter addressed to the leadership of the Beijing detention center where her husband is being held, urging authorities to honor China's own rules to allow Pu access to lawyers.

One of Pu's attorneys, Shang Baojun, confirmed that Pu last met his lawyers on June 23 and verified the authenticity of Meng's letter.

Pu is widely believed to be politically persecuted amid Beijing's crackdown on civil society. The charges stem from his online posts that questioned China's ethnic policies in the wake of deadly violence involving ethnic minority Uighurs, and others that mocked several political figures.

He was taken away in May 2014 and was indicted on May 15 this year, after one year in detention.

Shang said he expects a Beijing court to hold Pu's trial soon, because by law Chinese courts have three months from the indictment to hold a trial and issue a verdict, but the authorities have not yet announced a date.






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