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Court rules Puigdemont must return to Spain for re-election
Court Watch | 2018/01/22 10:02
Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.

The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.

The court also said that Puigdemont must seek judicial authorization to attend the session.

Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.

The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.

The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."

That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.

The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.


Pennsylvania GOP take gerrymandering case to US high court
Legal Interview | 2018/01/22 10:01
Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.

Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.

The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."

Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.

Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.

Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.

They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander.


Analysis: Outside groups may factor in Arkansas court race
Court Watch | 2018/01/22 10:01
Arkansas Supreme Court Justice Courtney Goodson lost her bid to run the state's highest court two years ago after coming under fire from conservative groups that spent big on mailers and TV ads targeting her. Two years earlier, David Sterling was defeated in the race for the Republican attorney general nomination despite outside groups going after his rival in that race.

Now, the two are about to face off in what could wind up being another costly and heated fight for a state high court seat that could overshadow other races on the ballot this year. It could also turn into a proxy fight over the state's resumption of executions and the court's role in scaling back what had been an unprecedented plan to put eight men to death over an 11-day period.

Goodson quietly launched her campaign last week, with an adviser confirming that she planned to seek another term on the state's high court in the May judicial election. The same day, Sterling said he planned to challenge the incumbent jurist.

Neither candidate has laid out campaign arguments, but the past two election cycles offer some guide of what to expect. Goodson launched her bid for the chief justice seat ago vowing to represent "conservative values" on the court.

"The Supreme Court is supposed to represent your common sense, conservative values, to uphold the rule of law and to look out for your rights," Goodson said in a campaign video she posted in the fall of 2015.

A year earlier, Sterling was touting his conservative credentials in his campaign for attorney general and promised to use the office to protect Arkansans from "an overreaching federal government." Sterling lost in the runoff for the Republican nomination against Leslie Rutledge, who is now seeking re-election as the state's top attorney.




Warrant dropped for professor who spoke Hawaiian in court
Legal Business | 2018/01/18 10:02
A judge dropped an arrest warrant Thursday for a University of Hawaii professor who refused to respond in court to English and spoke Hawaiian instead.

Samuel Kaleikoa Kaeo was in court Wednesday facing a trial for charges connected to his participation in a 2017 protest against the construction of a solar telescope on top of Haleakala, a volcano on Maui, Hawaii News Now reported .

When Judge Blaine Kobayashi asked Kaeo to confirm his identity, he repeatedly responded in Hawaiian instead of English.

Kobayashi said he couldn't understand Kaeo and issued a warrant for Kaeo's arrest, saying "the court is unable to get a definitive determination for the record that the defendant seated in court is Mr. Samuel Kaeo."

Kaeo, an associate professor of Hawaiian Studies at the University of Hawaii Maui College, said he has appeared before the judge before and complained that "it was about the fact that I was speaking Hawaiian that he didn't like."

Kobayashi recalled the bench warrant Thursday, the state Judiciary said in a statement. Judiciary spokesman Andrew Laurence declined to answer questions about the recall, including what prompted it.

Kaeo faces misdemeanor charges of disorderly conduct and obstructing a sidewalk. Kaeo, who also speaks English, requested a Hawaiian interpreter in the courtroom but prosecutors had objected, saying it was an unnecessary expense that would have caused delays.



Judge to pick battlefield for court fight over Manson's body
Court Watch | 2018/01/15 10:03
Charles Manson orchestrated murders in his adopted hometown of Los Angeles, served time in a state prison in Corcoran and died in a hospital in Bakersfield.

The legal battle for his body or possessions could land in any of three California counties where those cities are located as friends and purported kin wage a court fight Friday that includes nasty accusations about profiteering off the death of the cult leader.

At least three parties have staked claims to collect Manson's body from the Kern County morgue two months after he died and take control of any assets, which could include potentially lucrative rights to the use of his image and songs he wrote and any other property.

"It's a circus show," said a frustrated Ben Gurecki, one of two pen pals who hold dueling wills allegedly signed by Manson. "It's despicable that I'm still sitting here 60 days later and I can't get my friend cremated."

But first a Los Angeles Superior Court judge must decide which court takes up the separate issues of Manson's remains and his estate.

A Florida man, Jason Freeman, claims he's a grandson and the rightful heir and that the killer left no will. He's been challenged in Los Angeles by Michael Channels, another pen pal and collector of Manson memorabilia, who holds a will bearing what appears to be Manson's signature and names him as executor and sole beneficiary.

Gurecki, who like Channels also sells Manson mementos to fans of so-called murderabilia, has filed a will with the Kern County coroner's office bearing Manson's purported signature. It names Gurecki as executor and leaves everything to his "one living child," Matthew Lentz, a Los Angeles musician. Lentz and Gurecki have yet to file the will in court.



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