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City attorney criticizes law used to arrest Stormy Daniels
Attorneys News | 2018/07/19 13:56
An Ohio city attorney has recommended that the state law police cited to arrest porn actress Stormy Daniels should not be enforced.

In a memo to the city's police chief, Columbus City Attorney Zach Klein says Wednesday that future charges filed under that law will not be prosecuted. Klein has also dismissed charges brought against two other employees arrested with Daniels.

The law states dancers at "sexually oriented" businesses are prohibited from touching customers and vice versa.

Klein says the law is "glaringly inequitable" because its applicability depends on how regularly the employee performs. He also says employees who touch police are not in violation because on-duty public officials are not legally considered patrons.

Daniels' lawyer says he applauds Klein's decision. Messages seeking comment were left Wednesday for Columbus police.


Suspect in 1988 killing of Indiana girl, 8, appears in court
Attorneys News | 2018/07/14 05:35
A judge has given prosecutors until Thursday to formally charge a man who's being held in the 1988 slaying of an 8-year-old Indiana girl.

Fifty-nine-year-old John D. Miller of Grabill was arrested Sunday on preliminary murder, child molesting and criminal confinement charges in the abduction, rape and killing of April Marie Tinsley.

The Fort Wayne girl's body was found three days after her April 1988 abduction in a ditch about 20 miles (32 kilometers) away.

Court documents say Miller's DNA matches DNA recovered from Tinsley's underwear. WANE-TV reports Miller appeared Monday morning before an Allen County judge, who gave prosecutors 72 hours to formally charge Miller in the killing.

He's being held without bond. It wasn't clear if Miller has a lawyer who could speak on his behalf.


UK Supreme Court criticizes Northern Ireland abortion laws
Attorneys News | 2018/06/07 06:55
Britain's Supreme Court on Thursday criticized Northern Ireland's strict anti-abortion laws but dismissed a legal challenge.

A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.

The justices went on to say, however, that a majority finds Northern Ireland's abortion prohibitions "disproportionate" and that they violate European human rights laws.

That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland's laws. Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.

When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.

Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court's ruling "a momentous day for women in Northern Ireland" and said it is now up to British Prime Minister Theresa May to take action to ease the laws.

She said May has an obligation to make sure the U.K. government is "now longer acting unlawfully by breaching the human rights of women across Northern Ireland."

However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission's right to bring it means the judges' views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes.


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.



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.


Supreme Court upholds audit law, ending Otto's lawsuit
Attorneys News | 2018/04/17 03:04
The Minnesota Supreme Court has upheld a 2015 law limiting State Auditor Rebecca Otto's duties.

Wednesday's unanimous decision ends Otto's years of challenges and mounting legal fees. A district court and the Minnesota Court of Appeals had previously ruled against Otto, triggering her appeal to the Supreme Court.

The legal saga began after the Legislature passed a law allowing more counties to hire private firms for annual financial audits. Otto has argued that law was a constitutional breach of her duties that significantly downgraded the state's oversight of county finances.

But the state's high court disagreed. Wednesday's ruling maintained that the law left the auditor's oversight of those private audits intact. A spokesman for Otto did not immediately return a request for comment.


Greek court rejects Turkish extradition request
Attorneys News | 2018/03/13 11:30
A Greek court on Wednesday rejected a Turkish extradition request for a young woman who was among nine suspected Turkish militants arrested in Athens ahead of an official visit by Turkey's president late last year.

A panel of three judges ruled 21-year-old Halaz Secer may be tried for issues other than what the extradition request sought her for and that her life could be in danger if returned to Turkey. The judges also ruled that some offences she was being sought for, such as participating in protests and making banners, were not crimes.

The nine, Turkish citizens of Kurdish origin, were arrested for alleged links to the left-wing Revolutionary People's Liberation Party-Front, which Turkey, the United States and the European Union consider a terrorist organization.

Secer is the third of the nine to see an extradition request from Turkey rejected. Two others - Naci Ozpolat, 48 and Mehmet Dogan, 60 - have also had the extradition request for them rejected in recent weeks.

After the hearing she returned to jail, where she is being held on Greek charges related to the possession of explosives. She denies being part of a terrorist organization.

Proesecutor Ourania Stathea had recommended the judges reject the extradition request, noting that charges for which Turkey was seeking Secer included "forming and running an armed terrorist organization since 2007," when she would have been 10 years old. Stathea noted Turkey has been under a state of emergency since July 2016, after a failed military coup there, which has led to the imprisonment of thousands of people, including civil servants, journalists, judges and military personnel.

Testifying in court, Secer insisted she was not a member of any terrorist organization, and said she had been protesting in Turkey to call for free education. The young woman said she has been arrested three times from the age of 17 for her activism, and held several months each time. She told the court she suffered injuries during each of the arrests.


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