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Changed Supreme Court weighing Louisiana abortion clinic law
Legal Interview | 2019/02/03 03:18
The outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.

The high court is expected to decide in the next few days whether the state can begin enforcing a law requiring doctors who work at abortion clinics to have admitting privileges at a nearby hospital. It was passed in 2014, but has never taken effect.

The Supreme Court struck down a similar law in Texas three years ago. But the court's lineup has changed since then. Two appointees of President Donald Trump have joined the bench and Justice Anthony Kennedy has retired. Kennedy voted to strike down the Texas law.


NC high court sidesteps decision on tracking sex offenders
Headline News | 2019/02/03 03:18
The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.

The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.

The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.



Lambert to be sworn in as Supreme Court justice
Law Firm Business | 2019/02/02 03:24
A new Kentucky Supreme Court justice will be sworn in to office next week.

A statement from the Administrative Office of the Courts says Debra Hembree Lambert will be formally sworn in as a justice on Feb. 4 at the state Capitol in Frankfort. She was elected to the court in November and will serve the 3rd Supreme Court District, which includes 27 counties in southern and south-central Kentucky.

Before her election to the Supreme Court, Lambert served as an appellate judge for four years and before that was a circuit judge for Lincoln, Pulaski and Rockcastle counties.

Lambert succeeds retired Justice Daniel Venters.



New Jersey's top court won't hear ex-NFL star's appeal
Top Legal News | 2019/02/01 03:24
The New Jersey Supreme Court won't hear a request from former NFL star Irving Fryar to overturn his conviction for his role in a mortgage scam.

The court announced its decision Tuesday but did not elaborate.

Fryar and his mother were convicted in August 2015 of applying for mortgage loans in quick succession while using the same property as collateral. They eventually were found guilty of conspiracy and theft by deception.

Fryar's defense argued at trial he was the victim of a "con artist" who told him to carry out the scheme.

Fryar was a star wide receiver at the University of Nebraska and played in the NFL in the 1980s and 1990s for the New England Patriots, the Miami Dolphins, the Philadelphia Eagles and the Washington Redskins.



Appeals court reopens case involving payment to law firm
Legal Interview | 2019/01/27 03:25
An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.

A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.

"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.

"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.

The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."

The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.


Iowa Supreme Court contender was sued over unjustified case
Legal Interview | 2019/01/25 03:25
An eastern Iowa county agreed to pay $50,000 to settle a civil rights lawsuit against its top prosecutor last month, days before he applied for a seat on the Iowa Supreme Court.

The payment settled a lawsuit that alleged Muscatine County Attorney Alan Ostergren abused his power during his unsuccessful two-year prosecution of former West Liberty city manager Chris Ward. Ostergen pursued misconduct and fraud charges against Ward that courts later ruled were unjustified.

Ostergen, 46, a Republican considered a strong contender for the Supreme Court vacancy, has been involved in several high-profile cases. He applied for the opening created by the retirement of Justice Daryl Hecht last month and disclosed the lawsuit against him as required in his application .

He and other candidates will interview with the judicial nominating commission next week. Republican Gov. Kim Reynolds will make the appointment from three finalists recommended by that panel. Her choice is expected to tilt the historically progressive court to the right at a time when a major abortion rights case is unfolding.

Ostergren was one of three finalists recommended last year by Republican Sens. Charles Grassley and Joni Ernst to be the top federal prosecutor in southern Iowa but was passed over by President Donald Trump. He narrowly won re-election in November in Muscatine County, where he's been the top prosecutor since 2011.

Ostergen has raised his profile by using his position with an organization representing county attorneys to file several friend-of-the-court briefs with the Supreme Court. Civil liberties advocates have been concerned by some of his actions including his support of limiting the voting rights of felons and his unsuccessful prosecution of an immigrant on identity theft charges.

The lawsuit that prompted the settlement accused Ostergren of filing unsupported criminal charges against Ward and taking actions to interfere with his new job as city manager in Vinton, Iowa. The lawsuit noted that Ward was one of three African-American city managers in Iowa but did not allege race was a factor in the prosecution.


Congress to Probe Report that Trump Directed Lawyer to Lie
Top Legal News | 2019/01/22 07:08
The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.

House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”

The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.

The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.



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