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Florida Legislature at "Open War" with State Supreme Court
Legal Business |
2017/03/01 15:56
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The Republican-dominated Legislature's tense relationship with the state Supreme Court is hanging over this year's legislative session as lawmakers take up two bills to deal with the aftermath of court rulings that Republicans don't like.
One of them is a fix to the state's death penalty rules and the other a revision of the "stand your ground" law to better protect defendants claiming self-defense.
It's no surprise that two other bills are seen as a shot back at the court - a proposal to limit justices' terms to 12 years and a bill that would require them to file reports to the governor and Legislature on the timeliness of their decisions.
House Speaker Richard Corcoran says one of his highest priorities is to "reign in" the Supreme Court.
Former Supreme Court Justice James Perry said the Legislature is at "open war" with the judiciary, but he said the Legislature can't control the court.
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US appeals court upholds Maryland assault weapons ban
Legal Business |
2017/02/22 14:16
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Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., said the guns banned under Maryland's law aren't protected by the Second Amendment.
"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.
Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it's "unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment."
"It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said, noting that all of the court's judges participated.
Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law.
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High court turns away appeal from former AIG executives
Legal Business |
2016/12/20 16:56
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The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.
The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.
executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.
The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.
Greenberg was seen at Trump Tower in New York on Monday. He did not stop to speak with the press. |
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Philippine court urged to order Marcos' remains exhumed
Legal Business |
2016/11/22 22:52
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Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.
They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.
Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.
Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.
The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.
Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."
He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.
Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989. |
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Nevada high court considering email public records question
Legal Business |
2016/11/15 22:51
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Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.
The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between county commissioners and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.
The question focuses on whether the public has a right to government information contained on personal electronic devices and in personal email accounts.
Senior Washoe County District Court Judge Steven Kosach rejected the request earlier this year, ruling records on personal devices and accounts are outside the public agency's control and aren't covered under the Nevada Public Records Act.
The judge also found the communications were not official actions. But he acknowledged his ruling "may cause public employees to skirt the provision of the (public records law) by conducting business on their personal devices," the Las Vegas Review-Journal reported.
Barry Smith, director of the Nevada Press Association, said the lower court ruling allows the "electronic version of the old backroom deal."
"Officials could avoid the open-records law by conducting public business through their private phones and email accounts," Smith said.
In a brief filed Nov. 7 with the state high court, association attorney Luke Busby said the court's decision would provide "critical guidance" to public officials about access to public records.
In court filings, Busby noted that then-Commissioner Vida Keller said at the January 2014 commission meeting that she had contacted her colleagues outside the public meeting regarding the land-use change.
"As it turned out, Commissioner Keller and other members of the Lyon County Commissioners used their personal devices or email accounts to conduct official business," Busby said. "An otherwise public record does not lose public status simply because it was created, received or stored on a personal device or personal account."
A three-member panel of justices heard oral arguments in the case Sept. 14. It could be several months before a ruling is made. |
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