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Ex-Gov. Blagojevich to ask Supreme Court to hear case
Court Center |
2015/08/16 21:16
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A full appellate court indicated Wednesday that it will not rehear an appeal of Rod Blagojevich's corruption convictions, and his lawyer responded that the imprisoned former Illinois governor will appeal next to the U.S. Supreme Court.
After a three-judge panel tossed out five of his 18 convictions in July, Blagojevich had hoped the full court might overturn even more. But the 7th U.S. Circuit Court of Appeals posted a notice saying no judges on the court asked for a rehearing.
Blagojevich, 58, is serving a 14-year prison sentence at a federal prison in Colorado on convictions including his attempt to sell an appointment to President Barack Obama's old U.S. Senate seat.
An appeal to the nation's highest court is a last and seemingly slim hope for a major legal victory. The Supreme Court tends to accept cases that raise weighty issues and ones that federal courts disagree on.
But defense attorney Leonard Goodman said in a statement he believed the Supreme Court would agree Blagojevich was involved in legal, run-of-the-mill politicking.
Allowing the remaining convictions to stand "puts every public official who must raise campaign funds to stay in office and to be effective at the mercy of an ambitious or politically motivated federal prosecutor," he said.
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Federal court: Anti-Muslim group can't post ads on buses
Court Center |
2015/08/13 16:02
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An anti-Muslim group cannot post ads on buses in Washington state showing photos of wanted terrorists and wrongly claiming the FBI offers a $25 million reward for one of their captures, a federal appeals court ruled Wednesday.
A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected a claim by the American Freedom Defense Initiative that King County violated its First Amendment right to free speech by refusing to post the advertisements on buses.
The group — whose leader, Pamela Geller, organized the Prophet Muhammad cartoon contest in Texas that exploded in violence in May — has similar bus ads in other cities and has gone to court with mixed results after some transportation officials rejected them.
David Yerushalmi, the group's lawyer, said it will appeal Wednesday's ruling to the U.S. Supreme Court.
The American Freedom Defense Initiative sought to display an ad in Washington state called "Faces of Global Terrorism," which included 16 photographs of militants with their names listed and the statement "AFDI Wants You to Stop a Terrorist." It said the FBI offers a $25 million reward to capture one of the people shown.
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Appeals court revives challenge to consumer age
Court Center |
2015/07/24 23:28
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A federal appeals court on Friday revived a legal challenge to the Consumer Financial Protection Bureau, the federal office created to protect consumers in financial dealings with banks, lenders and credit card companies.
The federal appeals court in Washington ruled that a Texas bank could challenge the constitutionality of the watchdog agency's powers even though the bank's conduct has not been subject to any enforcement.
A federal district judge had dismissed the lawsuit in 2013 after finding the bank had no legal standing to bring the claims.
The independent agency was created in 2010 by a sweeping law that overhauled financial regulations following the 2008 financial crisis. Wall Street interests and Republicans in Congress fiercely opposed the agency.
The appeals court sent the case back to the lower court to consider the challenges.
Eleven states had joined the lawsuit filed by State National Bank of Big Spring, Texas, to argue that Congress delegated too much power to the bureau. They also argue that it should not be headed by just one person and that President Barack Obama illegally appointed the agency's director, Richard Cordray, during a congressional recess. Cordray was later confirmed by the Senate.
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Penn State ex-officials' case heads to appeals court hearing
Court Center |
2015/07/15 05:46
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A long delayed criminal case against three former Penn State administrators accused of covering up complaints about Jerry Sandusky is heading to a Pennsylvania courtroom next month, but not for trial.
Superior Court — a state appeals court — last week scheduled oral argument before a three-judge panel in Harrisburg for Aug. 11 to consider the claims by Graham Spanier, Tim Curley and Gary Schultz regarding a county judge's decision earlier this year.
If upheld, the judge's order could clear the way for trial in the matter that has gone on for nearly four years without a trial date being set.
The appeals court file has been sealed, but the online docket indicates the men are appealing a January order by Dauphin County Judge Todd Hoover that rejected arguments they had made about the fairness and legality of the grand jury investigation that resulted in charges.
All three defendants held high-ranking positions at the university in 2011, when Sandusky, the former assistant football coach, was charged with sexual abuse of children; Spanier was president, Schultz was vice president for business and finance and Curley was athletic director. |
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US appeals court upholds EPA plan to clean up Chesapeake Bay
Court Center |
2015/07/08 23:56
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A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.
The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.
Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,
The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.
The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.
Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people.
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Michael Jackson’s doctor pleads not guilty
Court Center |
2015/07/06 21:48
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Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama.
Dr. Conrad Murray, accused of giving Jackson a fatal dose of an anesthetic to help him sleep, appeared in court in a gray suit and burgundy tie as Jackson’s father Joe, mother Katherine, and siblings LaToya, Jermaine, Tito, Jackie and Randy watched from courtroom seats behind prosecutors.
Neither Murray nor the Jacksons showed much emotion as the six-foot-five Murray entered his plea through his attorney Ed Chernoff, but as he emerged from court, Joe Jackson declared, “My son was murdered.”
“We need justice,” he added before leaving with family members in a fleet of Cadillac Escalades.
On Monday night, Joe Jackson told CNN’s Larry King that he doesn’t believe Murray is the only person responsible for his son’s death. “To me, he’s just the fall guy. There’s other people I think involved with this whole thing,” Joe Jackson said, without elaborating.
Joe Jackson also told King his son believed his life was in danger. “Michael said it himself that he would be killed,” Joe Jackson said. “He even told his kids that he would be murdered.”
Earlier, several people shouted “murderer” as Murray walked past a crowd of hundreds of reporters and Jackson fans on his way to a courthouse adjacent to Los Angeles International Airport. Others held signs urging “Justice For Michael.”
Murray, 56, a Houston cardiologist who was with Jackson when he died June 25, entered his plea just hours after he was charged.
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Bryant tells court it should affirm same-sex marriage ruling
Court Center |
2015/07/05 21:47
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Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.
In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.
Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.
Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.
Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.” |
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