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High Court Rules in Dispute Over Immigrant Teen's Abortion
Top Legal News | 2018/06/06 06:56
The Supreme Court ruled Monday in a case about a pregnant immigrant teen who obtained an abortion with the help of the ACLU, siding with the Trump administration and wiping away a lower court decision for the teen but rejecting a suggestion her lawyers should be disciplined.

The decision is about the teen's individual case and doesn't disrupt ongoing class action litigation about the ability of immigrant teens in government custody to obtain abortions. The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion.

Government lawyers had complained to the Supreme Court that attorneys for the American Civil Liberties Union didn't alert them that the teen's abortion would take place earlier than expected. The administration said that deprived its lawyers of the chance to ask the Supreme Court to block the procedure, at least temporarily. The Trump administration told the court that discipline might be warranted against the teen's attorneys. The ACLU said its lawyers did nothing wrong.

The Supreme Court said it took the government's allegations "seriously" but the court declined to wade into the finger-pointing between the sides.

"Especially in fast-paced, emergency proceedings like those at issue here, it is critical that lawyers and courts alike be able to rely on one another's representations. On the other hand, lawyers also have ethical obligations to their clients and not all communications breakdowns constitute misconduct," the justices wrote in a 5-page opinion, adding that the court "need not delve into the factual disputes raised by the parties" in order to vacate the decision for the teen.

The teen at the center of the case entered the U.S. illegally in September as a 17-year-old and was taken to a federally funded shelter in Texas for minors who enter the country without their parents. The unnamed teen, referred to as Jane Doe, learned while in custody that she was pregnant and sought an abortion. A state court gave her permission, but federal officials — citing a policy of refusing to facilitate abortions for pregnant minors in its shelters — refused to transport her or temporarily release her so that others could take her for the procedure.

The ACLU helped the teen sue the Trump administration, and after a federal appeals court sided with her, the government was preparing to ask the Supreme Court to step in and block the procedure, at least temporarily.

But the teen, allowed out of the shelter by court order, had an abortion first, about 12 hours after a court gave her the go-ahead. In response, the Trump administration, in a highly unusual filing with the Supreme Court, cried foul. The ACLU has defended its attorneys' actions, saying government lawyers made assumptions about the timing of the teen's abortion.


Top Texas court says condemned inmate not mentally disabled
Lawyer Blogs | 2018/06/05 06:55
Texas' highest criminal court narrowly ruled Wednesday that a death row inmate is mentally capable enough to execute, despite a U.S. Supreme Court ruling that his intellectual capacity had been improperly assessed and agreement by his lawyer and prosecutors that he shouldn't qualify for the death penalty.

In a 5-3 ruling with one judge not participating, the Texas Court of Criminal Appeals said it reviewed the case of convicted killer Bobby James Moore under guidance from the Supreme Court's March 2017 decision and determined that Moore isn't intellectually disabled based on updated standards from the American Psychiatric Association.

"It remains true under our newly adopted framework that a vast array of evidence in this record is inconsistent with a finding of intellectual disability," the Texas court's majority wrote. "We conclude that he has failed to demonstrate adaptive deficits sufficient to support a diagnosis of intellectual disability."

The Supreme Court last year said the state court used outdated standards to reach its earlier decision on Moore. In a lengthy dissent joined by judges Bert Richardson and Scott Walker, Judge Elsa Alcala wrote that the majority got it wrong. "The majority opinion's assessment of the evidence in this record is wholly divorced from the diagnostic criteria that it claims to adhere to," she wrote.

The ruling came despite Harris County prosecutors telling the court they believed Moore is mentally disabled and shouldn't be found eligible for the death penalty. Cliff Sloan, who argued Moore's case before the Supreme Court, said Wednesday's ruling was "inconsistent" with the high court's decision.



Suspect in vandalism to Jewish boundary heads to court
Top Legal News | 2018/06/03 06:56
A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.

Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.

Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.

The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.

Taube was held in custody over the weekend. It was not clear if he has a lawyer.

The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers.


Congressional Dems take Trump to court over foreign favors
Attorneys News | 2018/06/03 06:55
Lawyers representing nearly 200 Democrats in Congress plan to argue in federal court Thursday that President Donald Trump is violating the Constitution by accepting foreign state favors without first seeking congressional approval.

The case argues that the president has received foreign government favors, such as Chinese government trademarks for his companies, payments for hotel room stays and event space rentals by representatives of Saudi Arabia and Kuwait, and proceeds from Chinese or Emirati-linked government purchases of office space in Trump Tower.

Ethics experts say the constitutional emoluments clause was created by the Founding Fathers to ensure that government officials act with the interests of the American public in mind instead of their own pocketbooks. Since then, it has been applied to the lowest of government of officials up to the president without a court challenge.

"This argument on Thursday will essentially put to the test the proposition that no one is above the law, not even the president," said Sen. Richard Blumenthal, a Connecticut Democrat who is leading the effort. "He's thumbed his nose at the plain text and in doing so he's thumbed his nose at the American people."

Unlike prior presidents, Trump chose not to divest from his assets and he remains the owner of the Trump Organization, a sprawling business empire with 550 entities in more than 20 countries that include branded hotels, golf courses, licensing deals and other interests. His Washington, D.C., hotel just steps from the White House has become a magnet for foreign governments, including groups tied to Kuwait, Bahrain, Turkey, Malaysia and Saudi Arabia.



Man run down, 50 years after killing girl in hit-and-run
Legal Interview | 2018/06/02 06:56
A Vietnam War veteran who confessed five years ago to killing a 4-year-old girl in a 1968 hit-and-run was trying to protect children when a woman drove her car onto a baseball field in Maine during a game, striking and killing him.

Screaming bystanders and ballplayers fled as Carol Sharrow, of Sanford, Maine, drove through an open gate onto the field Friday night, police said. Video shows the car driving around the infield, turning over home plate and then heading toward the stands behind third base.

Douglas Parkhurst, of West Newfield, was near the park's main gate before he was hit and Sharrow sped away, police said. Parkhurst died on the way to the hospital and no one else was hurt.

"It was awful," said Sanford resident, Karyn Bean, who said she saw Parkhurst being struck. "A car driving through the gate hitting a man who was pushing kids out of the way, then her driving up the road easily doing 50 to 60 miles per hour past us.

"It felt awful because we couldn't do anything."

Sharrow was scheduled to appear in court later Monday to face a manslaughter charge. She was to have an attorney appointed to represent her then.

Sharrow has two previous drunken driving convictions in Maine and New Hampshire, according to Sanford police Det. Sgt. Matthew Jones. Authorities have declined to say whether alcohol was involved on Friday.

Parkhurst was never charged in the hit-and-run death that killed Carolee Ashby on Halloween night in 1968. The statute of limitations had long run out when Parkhurst walked into a police station in 2013 and confessed after two interviews with investigators.

In his four-page confession obtained by the Syracuse Post-Standard during its reporting about the case, Parkhurst said he and his brother had been drinking before he hit the girl. He said his brother was passed out in the back seat.


Detroit-area couple in court over control of frozen embryos
Attorneys News | 2018/06/02 06:55
A Detroit-area woman seeking custody of as many as 10 frozen embryos is asking a judge to appoint a guardian over them while she clashes with her former partner for control.

Gloria Karungi and Ronaldlee Ejalu have a daughter who has sickle cell disease. Karungi believes if she can bear another child with one of the embryos, bone marrow cells from that sibling could potentially cure the girl's blood illness.

But Ejalu must give his consent, according to a contract with an in vitro fertilization clinic, and he's not interested. Karungi and Ejalu never married and are no longer together.

Oakland County Judge Lisa Langton last year said she didn't have the authority to wade into the embryo dispute; she was simply determining financial support and parenting time for the couple's daughter. But the Michigan appeals court sent the case back to Langton for more work, including an evidentiary hearing if necessary.

Karungi "wants to cure her daughter and is seeking the embryos to that end. ... Without the embryos coming to term, that child has no ability to be cured," the woman's attorney, Dan Marsh, said in a court filing.

Ejalu's lawyer, Dan Weberman, said he'll argue again that a Family Division judge has no role in what's basically a contract quarrel. He also said it's misleading for Karungi to claim that cells from a sibling are the only cure for the 7-year-old girl.

"They want to paint a picture like she's on her death bed," Weberman told The Associated Press. "She's in school. She's a happy girl. She gets treatment once a month."

Ejalu no longer believes that using frozen embryos is a good idea.

"He doesn't feel ethically that a life should be created for human tissue harvesting. That's somewhat mind-boggling," Weberman said.

Under orders from the appeals court, Langton on June 20 again will hear arguments on whether she has jurisdiction over contested property held by unmarried parties. But in the meantime, the judge has scheduled a hearing for Wednesday on Karungi's request to have a lawyer appointed as guardian over the embryos.


Spanish court nixes terrorism accusation in Basque incident
Legal Watch | 2018/06/01 20:56
Spain's National Court has sentenced seven men and a woman to between two and 13 years in prison for beating up two police officers and their girlfriends, but rejected the prosecutors' argument that the defendants should face terror charges.

The call for terror charges caused outrage at the trial because the incident took place two years ago in an area of northern Spain with a strong Basque identity.

The Basque region is trying to put behind it decades of violence at the hands of armed separatist group ETA, which killed more than 800 people, including police, before giving up its armed campaign in 2011.

The court said in sentencing Friday that terrorist intent was not proven and that the accused did not belong to a terrorist organization.



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