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Lobster fishing union drops lawsuit about new whale closure
Headline News | 2022/08/26 19:28
A lobster fishing union in Maine has decided to drop part of its lawsuit against the federal government over new restrictions meant to protect rare whales.

The Maine Lobstering Union sued the National Oceanic and Atmospheric Administration after the government instated a seasonal ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect North Atlantic right whales. The whales are vulnerable to entanglement in the gear.

Lawyers for the lobster fishing union told WCSH-TV the union wants instead to focus on other ongoing litigation about new rules intended to protect whales. New fishing rules meant to protect the whales are the subject of other lawsuits that are still under consideration by federal court.

A federal court ruling last month came down in favor of stronger protections for the animals. U.S. District Judge James Boasberg ruled in July that the federal government hasn’t done enough to protect the whales, and must craft new rules. The lobstering union and other fishing groups have pledged to follow that process closely with an eye to protecting the industry.


Judge rules teen was justified in shooting assailant 7 times
Court Center | 2022/08/23 16:39
A Georgia judge has dismissed a murder charge against a teen after concluding that he was legally justified in shooting a man seven times in 2021 because the man was trying to kidnap him.

The Ledger-Enquirer of Columbus reports that Muscogee County Superior Court Judge John Martin dismissed charges Wednesday against the unnamed teen at the behest of prosecutors who concluded from witnesses and video footage that the boy had a right to defend himself to stop a forcible felony under Georgia’s “stand your ground” law.

The boy, then 16, shot and killed Iverson Gilyard in August 2021 at a Columbus park. The newspaper withheld the boy’s name because he was a juvenile and has now been cleared of charges.

The boy was indicted as an adult in February for murder, aggravated assault, and possessing a gun while committing a felony. But prosecutors later concluded that Gilyard was the primary aggressor, entering the park and hitting the boy over the head with a handgun three times as the boy tried to get away.

Assistant District Attorney Robin Anthony said Gilyard, 22, also threatened to shoot the teen, saying “I’m going to bust you in the kidney.” When parents at the park complained, Anthony said Gilyard told the teen to follow him, stuck the gun in his waistband, and said, “You’d better not run, either.” Anthony said when Gilyard turned to walk away, the teen took a gun from his backpack and shot Gilyard. The 22-year-old was shot seven times, four times in the back, his family has said.


Court puts on hold Graham’s testimony in Ga. election probe
Headline News | 2022/08/19 05:23
A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.

A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday.

U.S. District Judge Leigh Martin May last Monday denied Graham’s request to quash his subpoena and on Friday rejected his effort to put her decision on hold while he appealed. Graham’s lawyers then appealed to the 11th U.S. Circuit Court of Appeals.

On Sunday, a three-judge panel of the appeals court issued the order temporarily pausing May’s order declining to quash the subpoena. The panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the U.S. Constitution.

Once May decides that issue, the case will return to the 11th Circuit for further consideration, according to the appeals court order.

Graham’s representatives did not immediately respond Sunday to messages seeking comment on the appellate ruling. A spokesperson for Fulton County District Attorney Fani Willis declined to comment.

Willis opened the investigation early last year, prompted by a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger. During that conversation, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss in the state.



Appeals court puts Georgia PSC elections back on ballot
Court Center | 2022/08/15 05:26
A federal appeals court on Friday ordered that statewide elections for two Georgia public service commissioners be put back on the November ballot, only a week after a federal judge postponed the elections after finding that electing the five commissioners statewide illegally diluted Black votes.

A three judge panel of the 11th U.S. Circuit Court of Appeals blocked the lower court’s order after an appeal by the state, which follows a U.S. Supreme Court decision saying judges shouldn’t order changes close to elections.

The 2-1 split decision came at the state’s deadline for finalizing ballots ahead of the election, so there is enough time to print ballots before the first ballots are mailed to voters living outside the country in late September.

District 3 Commissioner Fitz Johnson and District 2 Commissioner Tim Echols, both Republicans, are seeking reelection to six-year terms. Johnson is being challenged by Democrat Shelia Edwards while Echols faces Democrat Patty Durand and Libertarian Colin McKinney.

Circuit Judges Robert Luck and Adalberto Jordan found that U.S. District Judge Steven Grimberg’s decision came too close to the election, that having Johnson and Echols remain on the commission past the end of their terms is an improper fundamental alteration of the state’s election system, and that not only did Grimberg need to issue his decision before the ballot printing deadline but far enough in advance “to allow for meaningful appellate review.”

Friday’s decision is not the 11th Circuit’s final word on Grimberg’s decision, but only a stay. Luck and Jordan clearly anticipate the plaintiffs will appeal to the nation’s highest court, writing in a short opinion that “if we are mistaken on this point, the Supreme Court can tell us.”

Circuit Judge Robin Rosenbaum dissented, saying the other judges were extending the doctrine barring changes close to an election to a whole new category of cases without “a sufficient explanation.” She said the majority is, in effect, letting the state conduct an election under a system that a judge already determined is illegally discriminatory.


Federal horserace authority rules again blocked in 2 states
Law Firm Business | 2022/08/11 18:06
A national horse racing authority has again been blocked by a federal court from enforcing some of its rules in the states of Louisiana and West Virginia.

A north Louisiana federal judge last month had blocked the Horseracing Integrity and Safety Authority from enforcing its rules in the two states.

That ruling was put on hold last week by the 5th U.S. Circuit Court of Appeals. But a revised ruling this week from the New Orleans-based appeals court keeps some of the limits on enforcement in place.

Rules blocked under the latest court order deal with the authority’s access to racetrack records and facilities, the calculation of state fees paid to the authority, and definitions of which horses are covered by the regulations.

The appeals court on Wednesday set arguments in the case for Aug. 30.

State and racing officials in Louisiana and West Virginia had sued to prevent the rules from going into effect.


Probation for woman who wiped up blood after killing spouse
Law Firm Business | 2022/08/08 02:42
A Florida woman who was acquitted of murdering her husband, a prominent official at the University of Central Florida, was sentenced Friday to a year of probation for tampering with evidence.

A judge sentenced Danielle Redlick in state court in Orlando.

Last month, a jury acquitted Danielle Redlick of second-degree murder in the death of her husband, Michael Redlick. Danielle Redlick said she had killed her husband out out of self-defense during a fight inside their home in which he had tried to “smother her to death.”

Jurors found Danielle Redlick guilty of evidence tampering for cleaning up her husband’s blood after stabbing him. Detectives found a pile of bloody towels, a bloody mop, bloody footprints and the strong smell of bleach in the house. She spent three years in jail prior to the trial.

Michael Redlick was the director of external affairs and partnership relations for the DeVos Sport Business Management Program at the University of Central Florida. He had previously worked for the Indianapolis Motor Speedway, Cleveland Browns and Memphis Grizzlies.

Court records showed that the Redlicks had been going through a divorce before the case was dismissed from a lack of action by Danielle Redlick, who initiated the court proceeding.

In a divorce petition, Danielle Redlick said the marriage was “irretrievably broken” and she was asking for alimony because she said she was unable to support herself without assistance. She listed herself as an unemployed photographer and multimedia professional.


Family loses Supreme Court bid to extend boy’s life support
Legal Watch | 2022/08/02 19:01
Britain’s Supreme Court on Tuesday refused to prevent a hospital withdrawing life support from a 12-year-old boy with catastrophic brain damage, rejecting a bid by his parents to extend his treatment.

The parents of Archie Battersbee had aske Supreme Court justices to block a lower court’s ruling that the Royal London Hospital can turn off the boy’s ventilator and stop other interventions that are keeping him alive.

Archie’s treatment had been due to end at noon on Tuesday, but the hospital said it would await the decision of the Supreme Court.

Justices at the U.K.’s top court said Archie had “no prospect of any meaningful recovery,” and even with continued treatment would die in the next few weeks from organ and heart failure.

The judges agreed with a lower court that continuing treatment “serves only to protract his death.”

Archie was found unconscious at home with a ligature over his head on April 7. His parents believe he may have been taking part in an online challenge that went wrong.

Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests. Several British courts have agreed.

The family appealed to the U.N. Committee on the Rights of Persons with Disabilities, and wanted the withdrawal of treatment put on hold while the committee examines the case.


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