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SD Supreme Court upholds school funding system
Court Watch |
2011/09/01 09:46
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The South Dakota Supreme Court on Thursday upheld the constitutionality of the state's system for funding school districts, rejecting the schools' arguments that the current arrangement does not provide enough money to assure students of an adequate education.
In a unanimous ruling, the high court said a lawsuit supported by about two-thirds of the state's school districts raises serious questions about the funding system and shows that some districts struggle to provide adequate facilities and qualified teachers.
"Even so, reasonable doubt exists that the statutory funding mechanisms or level of funding are unconstitutional," Justice Judith Meierhenry wrote for the court.
The 41-page main decision upholds a ruling by Circuit Judge Lori Wilbur of Pierre, who ruled in 2009 that the school funding system is constitutional because it provides students with an adequate education that prepares them for life after high school. Wilbur has since been appointed to the Supreme Court, but did not take part in Thursday's ruling. |
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A Court Cannot Exclude Evidence Because It Is Self-Serving
Court Watch |
2011/08/31 08:46
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In Reed v. City of Evansville, _ N.E.2d _ (Ind. Ct. App. 2011), Cause No. 82A05-1012-PL-768, Evansville sought to have some of the evidence the Reeds submitted in opposition to the City's motion for summary judgment because it was "self-serving." Today, the Court of Appeals clearly stated that parties should not make this same objection in the future.
The Reeds filed a claim against Evansville and Evansville moved for summary judgment, arguing that the notice was not timely under the Tort Claims Act. The trial court granted that motion and the Reeds appealed.
On appeal, the Court held that the trial court erred when granting summary judgment to the City, because there were genuine issues of material fact. The court then addressed the City's cross-appeal, which challenged the trial court's denial of the City's motion to strike some of the Reeds' evidence. The City moved to strike some of that evidence because it was "self-serving." The Court had none of it.
http://www.indianalawupdate.com/entry/A-Court-Cannot-Exclude-Evidence-Because-It-Is-Self-Serving
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Court to hear appeal over medicating Loughner
Court Watch |
2011/08/29 09:32
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A federal appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.
At issue in Jared Lee Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.
Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.
Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.
He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia and a judge ruled him mentally unfit to stand trial. He was sent to the facility in a bid to restore his mental competency so he can assist in his legal defense.
Loughner was forcibly medicated from June 21 to July 1 after prison doctors concluded that he was a danger. His attorneys appealed U.S. District Judge Larry Burns' ruling that said Loughner could be forcibly medicated in prison.
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BofA sued over $1.75 billion mortgage trust
Court Watch |
2011/08/29 09:31
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Bank of America Corp was sued by the trustee of a $1.75 billion mortgage pool, which seeks to force the largest bank to buy back all of the loans in the trust because of alleged misrepresentations.
The banking unit of US Bancorp said Countrywide Financial Corp, which issued the loans in the HarborView Mortgage Loan Trust 2005-10, breached its obligations by misrepresenting the quality of its underwriting and loan documentation.
It said that because of this material breach, Bank of America, which bought Countrywide in 2008, was obligated to buy back all the loans in the mortgage pool.
The lawsuit was filed in the New York State Supreme Court in Manhattan.
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Del. pediatrician gets life for abusing patients
Court Watch |
2011/08/26 10:15
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A Delaware pediatrician convicted of sexually abusing scores of young patients over more than a decade was sentenced Friday to life in prison.
Earl Bradley showed no emotion as a judge sentenced him to 14 life sentences for 14 counts of first-degree rape. Bradley was also sentenced to 165 years for multiple counts of assault and continuous sexual exploitation of a child.
Bradley was arrested in Dec. 2009 after a 2-year-old girl complained to her mother after an office visit that the doctor had hurt her.
Investigators searched his office complex, decorated with Disney characters and miniature amusement park rides, and seized dozens of homemade videos.
Bradley's public defenders presented no defense at his trial, opting instead for a swift verdict so they could more quickly appeal the judge's decision to allow the videos as evidence. The defense contends they were improperly seized by investigators acting outside the scope of their search warrant.
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