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High court won't hear California's prison appeal
Court News |
2014/06/10 12:33
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The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.
The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.
The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.
She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.
That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.
The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.
"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.
The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."
That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said. |
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High Court Refuses to Block Oregon Gay Marriage
Court News |
2014/06/06 14:50
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The U.S. Supreme Court on Wednesday refused to halt same-sex weddings in Oregon while a federal appeals court considers whether a group opposed to gay marriage can intervene in the case.
The order follows an emergency appeal by the National Organization for Marriage, which seeks to overturn U.S. District Judge Michael McShane's May 19 ruling that declared Oregon's same-sex marriage ban unconstitutional. The group had unsuccessfully tried to intervene in the lower court proceeding after Oregon Attorney General Ellen Rosenblum declined to defend the same-sex ban.
The group filed its request with Justice Anthony Kennedy and he referred it to the full court. The justices denied it without comment.
Hundreds of same-sex couples have obtained marriage licenses since McShane's order, including 245 in Multnomah County, the state's largest.
The Oregon case differs from others where the Supreme Court or federal appeals judges have temporarily blocked lower-court rulings, halting same-sex unions while appeals proceed.
In Oregon, the appeal is focused on whether an outside group can intervene in the case, not on the constitutionality of the same-sex marriage ban, so it raises a different set of legal questions.
Lawyers for the attorney general's office have said they won't appeal McShane's ruling and are fighting the National Organization for Marriage's appeal in the 9th U.S. Circuit Court of Appeals.
Rosenblum, the attorney general, said there were no legal arguments she could offer in defense of the marriage ban that would be consistent with decisions last year by the U.S. Supreme Court and with state laws.
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The Salazar Law Firm - Houston Car Accident Lawyers Services
Court News |
2014/06/03 12:34
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The Salazar Law Firm, PLLC understands the burdens auto accidents and injuries place on an individual. Our goal is to lessen our client's stress and burden by managing the complex relationships with insurance companies, medical facilities, government agencies, and other insurance defense lawyers.
If you've been injured in an accident, don't let your claim get weakened by not taking the right steps. Get medical treatment for your injuries as soon as possible. Insurance companies pay close attention to "laspes in treatment" and whether or not treatment was sought immediately after the accident.
Insurance companies are in the business of making money. If the insurance company is giving you the run-around, contact our houston car accident lawyers at the Salazar Law Firm today. |
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Federal court upholds California water transfer
Court News |
2014/05/20 12:03
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A federal appeals court says environmental reviews were properly done on the nation's largest farm-to-city water transfer, the latest ruling to uphold a 2003 agreement on how California agencies divide that state's share of Colorado River water.
A three- judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that federal authorities properly considered how the transfer from Imperial County to San Diego would affect the Salton Sea, California's largest lake. The shrinking lake relies on water runoff from Imperial Valley farms.
The ruling upholds a decision by U.S. District Judge Anthony Battaglia in San Diego. Imperial County and the Imperial County Air Pollution Control sued in 2009, alleging violations of the National Environmental Policy Act. |
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Spain court rejects torture case extraditions
Court News |
2014/05/02 11:22
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Spain's National Court has rejected the extradition to Argentina of a second former police officer accused of torturing people during Spain's long dictatorship.
The court turned down the extradition of Spaniard Antonio Gonzalez Pacheco on Wednesday, saying his alleged offences in the 1970s were not crimes against humanity and thus had exceeded the statute of limitations.
The court recently rejected the extradition to Argentina of another former officer, Jesus Munecas, on similar grounds.
An Argentine investigative magistrate had sought their extradition for questioning under the principle of universal jurisdiction.
The judge took up the probe after a Spanish investigation into the dictatorship's crimes was halted in 2012. Spain was ruled by Gen. Francisco Franco from 1939 until his death in 1975.
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