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Malaysia's top court annuls unilateral conversions of minors
Court Center | 2018/01/27 02:45
Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.

M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.

Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.

The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.

The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.


Analysis: Outside groups may factor in Arkansas court race
Court Center | 2018/01/23 02:47
Arkansas Supreme Court Justice Courtney Goodson lost her bid to run the state's highest court two years ago after coming under fire from conservative groups that spent big on mailers and TV ads targeting her. Two years earlier, David Sterling was defeated in the race for the Republican attorney general nomination despite outside groups going after his rival in that race.

Now, the two are about to face off in what could wind up being another costly and heated fight for a state high court seat that could overshadow other races on the ballot this year. It could also turn into a proxy fight over the state's resumption of executions and the court's role in scaling back what had been an unprecedented plan to put eight men to death over an 11-day period.

Goodson quietly launched her campaign last week, with an adviser confirming that she planned to seek another term on the state's high court in the May judicial election. The same day, Sterling said he planned to challenge the incumbent jurist.

Neither candidate has laid out campaign arguments, but the past two election cycles offer some guide of what to expect. Goodson launched her bid for the chief justice seat ago vowing to represent "conservative values" on the court.

"The Supreme Court is supposed to represent your common sense, conservative values, to uphold the rule of law and to look out for your rights," Goodson said in a campaign video she posted in the fall of 2015.

A year earlier, Sterling was touting his conservative credentials in his campaign for attorney general and promised to use the office to protect Arkansans from "an overreaching federal government." Sterling lost in the runoff for the Republican nomination against Leslie Rutledge, who is now seeking re-election as the state's top attorney.


Court rules Puigdemont must return to Spain for re-election
Court Center | 2018/01/22 02:47
Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.

The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.

The court also said that Puigdemont must seek judicial authorization to attend the session.

Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.

The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.

The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."

That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.

The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.



S Carolina Rep. Quinn pleads guilty to corruption charge
Court Center | 2017/12/12 03:11
South Carolina Rep. Rick Quinn Jr. pleaded guilty to corruption charges Wednesday, becoming the third Republican lawmaker convicted in a wide-ranging Statehouse corruption probe.

Prosecutors said they will ask for prison time for the 52-year-old former House Majority leader. Quinn faces up to a year behind bars on a charge of misconduct in office. The other two lawmakers who have pleaded guilty in the investigation have received probation.

Quinn planned to plead guilty to one count of misdemeanor misconduct in office, prosecutor David Pascoe said as Wednesday's hearing started. Pascoe agreed to drop a second charge.

Quinn broke the law by taking $4 million in unreported money from lobbyists, Pascoe said. "It wasn't about service to the people, it was about service to his pocketbook," Pascoe said.

As part of the deal, Pascoe also agreed to drop corruption charges against Quinn's Republican consultant father Richard Quinn Sr., but he must testify before a grand jury that continues to investigate legislators and others and fully cooperate with the State Law Enforcement Division. Quinn has dozens of high-powered clients in the state, including U.S. Sen. Lindsey Graham and Attorney General Alan Wilson.

The consulting business, First Impressions, is also pleading guilty to not registering as a lobbyist and will pay a fine. Quinn resigned an hour before the hearing. He called his 21 years in the South Carolina House "one of the greatest honors of my life" in a letter to House Speaker Jay Lucas.


Travel ban is headed back to a federal appeals court in Virginia
Court Center | 2017/11/27 18:09
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.


Court asked to stop suit against prosecutor in man's death
Court Center | 2017/11/23 03:08
A lawyer for Baltimore's top prosecutor asked a federal appeals court Wednesday to dismiss a lawsuit by five police officers who claim she maliciously prosecuted them in the death of a black man gravely injured in custody.

Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Marilyn Mosby has immunity from the lawsuit filed by officers who were charged but later cleared in the arrest and death of Freddie Gray. Pothier urged the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial.

"A prosecutor's protective cloak of absolute immunity is not so easily removed," Pothier said.

Lawyers for the officers, however, said Mosby acted as an investigator — not simply as a prosecutor — and is therefore not immune from the lawsuit.

Gray, 25, died on April 19, 2015, from a fatal spinal injury suffered in a police van, prompting days of widespread protests and rioting. While tensions were still smoldering in Baltimore, Mosby charged six officers in Gray's arrest and death, an announcement that brought celebrations in the streets.

Three were ultimately acquitted and Mosby dropped the remaining cases.

On Wednesday, Judge J. Harvie Wilkinson III grilled the officers' lawyers about why they should be allowed to sue Mosby for bringing criminal charges against them and holding a news conference to announce the charges.

"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers," said Wilkinson, who repeatedly raised his voice while questioning the officers' lawyers.


'Dirty soda' Utah court battle ends with legal settlement
Court Center | 2017/11/05 02:50
Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.

Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.

Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.

Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.

Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.

Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.

Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.

The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.

Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix.


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