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Texas court tosses criminal case against former Gov. Perry
Legal News | 2016/02/24 22:09
The felony prosecution of former Texas Gov. Rick Perry ended Wednesday when the state's highest criminal court dismissed an abuse-of-power indictment that the Republican says hampered his short-lived 2016 presidential bid.

The 6-2 decision by the Texas Court of Criminal Appeals, which is dominated by elected Republican judges, frees Perry from a long-running criminal case that blemished the exit of one of the most powerful Texas governors in history and hung over his second failed run for the White House.

A grand jury in liberal Austin had indicted Perry in 2014 for vetoing funding for a public corruption unit that Republicans have long accused of wielding a partisan ax. The unit worked under Travis County District Attorney Rosemary Lehmberg, an elected Democrat. Perry wanted her to resign after she was convicted of drunken driving.

Perry was accused of using his veto power to threaten a public official and overstepping his authority, but the judges ruled that courts can't undermine the veto power of a governor.

"Come at the king, you best not miss," Republican Judge David Newell wrote in his concurring opinion, quoting a popular line from the HBO series "The Wire."

Perry has been campaigning for Republican presidential candidate Ted Cruz since becoming the first major GOP candidate to drop out of the race last year. He conceded to reporters in Austin on Wednesday that the indictments hurt his candidacy but didn't dwell on the impact, and said he would veto the same funding again if given the chance.

"I've always known the actions I took were not only lawful and legal, they were right," said Perry, who spoke at the headquarters of an influential Texas conservative think tank, which has previously christened its balcony overlooking downtown as the "Gov. Rick Perry Liberty Balcony."

The court said veto power can't be restricted by the courts and the prosecution of a veto "violates separations of powers." A lower appeals court had dismissed the other charge, coercion by a public servant, in July.

Perry had rebuked the charges as a partisan attack from the start, calling it a "political witch hunt," but the dismissal brought accusations of Republican judges doing a favor for a party stalwart. Texans for Public Justice, a left-leaning watchdog group that filed the original criminal complaint that led to the indictment, said Perry was handed a "gift" based on his stature.



Connecticut's top court hears Kennedy cousin murder case
Legal Watch | 2016/02/23 22:10
Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.

State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.

Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.

Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.

Prosecutors are appealing Bishop's decision to the Supreme Court.

Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.

But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.



German court ends fight over estate of Iran shah's 2nd wife
Court Center | 2016/02/21 22:10
A German court has ruled that the estate of the former shah of Iran's second wife, Soraya Esfandiari-Bakhtiari, belongs to her late brother's ex-chauffeur.

The ruling announced Tuesday by the Cologne state court comes nearly 15 years after Soraya's death. She named as heir her brother, Bijan Esfandiari, who lived in Cologne and died days after her. The court ruled that a short will the brother wrote in a notebook, naming his former chauffeur and private secretary as his heir, is valid.

The man had spent several years disputing part of the inheritance with relatives of Soraya. The court didn't specify its value.

Soraya married Shah Mohammed Reza Pahlavi in 1951. Seven years later, the shah repudiated her in an Islamic divorce after they failed to have children.


Chief justice remembers Scalia's 'irrepressible spirit'
Legal Interview | 2016/02/20 22:10
Chief Justice John Roberts on Monday remembered the late Justice Antonin Scalia as a friend and colleague of "irrepressible spirit" as the Supreme Court resumed work for the first time since Scalia's death.

"He was our man for all seasons and we will miss him beyond measure," Roberts said in brief remarks after the court's eight remaining justices took the bench.

Roberts recounted Scalia's humble roots in New Jersey, his graduation at the top of his class at Georgetown University and his stellar performance at Harvard Law School. As a top attorney at the Justice Department, Roberts said Scalia argued his first and only case before the Supreme Court in 1976.

"He prevailed, establishing a perfect record before the court," Roberts said to laughter.

Scalia became the 103rd justice confirmed to the high court in 1986, Roberts noted, and wrote 292 majority opinions for the court.

"He was also known on occasion to dissent," Roberts said to more laughter.

The high court is resuming work just two days after the justices and thousands of dignitaries, friends and family mourned his loss at a funeral Mass in Washington.

The void created by Scalia's death was visible on Monday. His chair, in its usual place to the right of Roberts, was draped in black wool crepe, which will remain until next month.

Only in late March do the justices plan to switch seats in line with their seniority on the court. Justice Anthony Kennedy is now the longest-serving member of the court, with 28 years of experience.

President Barack Obama has vowed to nominate a candidate to take Scalia's seat, but Senate Republicans, backed by their party's presidential contenders, have pledged to block anyone Obama puts forward. Republicans have said the choice should await the next president.

Scalia's sharp questioning of lawyers transformed arguments into lively sessions in which the justices sometimes seemed to be talking to each other, rather than to the lawyers arguing before them.


Man recounts harrowing Uber ride with Kalamazoo suspect
Top Legal News | 2016/02/19 22:10
An Uber passenger says he called the police to report an erratic driver more than an hour before authorities allege the driver began shooting people at random, killing six and wounding two others before being arrested.

Matt Mellen told WWMT-TV in Kalamazoo that Jason Dalton picked him up at around 4:30 p.m. Saturday. He said Dalton introduced himself as "Me-Me" and that he sat in front, since Dalton had his dog in the backseat.

Mellen said about a mile into the trip, Dalton got a phone call and that when he hung up, he began driving erratically, blowing through stop signs and sideswiping cars.

"We were driving through medians, driving through the lawn, speeding along and when we came to a stop, I jumped out of the car and ran away," said Mellen. He said he called the police and that when he got to his friend's house, his fiancee posted a warning to friends on Facebook.

Authorities allege that Dalton shot the first victim outside of an apartment complex shortly before 6 p.m. and that he shot seven others over the next several hours. Dalton, 45, was arrested without incident early Sunday morning after a deputy spotted his vehicle driving through downtown Kalamazoo after leaving a bar parking lot.


Court to weigh cocaine cases, could alter sentencing in Ohio
Legal News | 2016/02/10 22:55
Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.

The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.

A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.

The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.

Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.



Supreme Court puts Obama's climate change plan on hold
Legal News | 2016/02/10 22:55
A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.

The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.

The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.

Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.

Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.




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