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Kansas tells court broad support is reason to OK schools law
Court Center |
2019/04/14 00:58
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Lawyers for Kansas told the state Supreme Court on Monday that it should sign off on a new law boosting spending on public schools and end a protracted education funding lawsuit partly because the law has broad, bipartisan support.
Attorney General Derek Schmidt, a Republican, filed written legal arguments defending the new law. It contains Democratic Gov. Laura Kelly's proposal for an education funding increase of roughly $90 million a year and is aimed at satisfying a state Supreme Court ruling last year that education funding remained inadequate.
Four school districts sued the state in 2010, and their attorneys have said that the new law does not provide enough additional funding after the 2019-20 school year. Schmidt said the districts are seeking a "heckler's veto" after Kelly, many Republican lawmakers and the GOP-led State Board of Education agreed that the increase she sought would satisfy the court.
"This court should give great weight to the considered decisions of both the education officials and the people's representatives," Schmidt's written argument said. "That is particularly true here given the widespread, bipartisan consensus."
Attorneys for the four school districts asked in their own filing for the Supreme Court to order higher spending after the 2019-20 school year, give legislators another year to comply and keep the case open so that the state's actions can be monitored. |
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DC-area sniper shootings case to have Supreme Court hearing
Court Center |
2019/03/19 19:15
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The Supreme Court on Monday agreed to consider Virginia’s plea to reinstate the life-without-parole sentence of a man who as a teenager participated in sniper shootings that terrorized the Washington, D.C., region in 2002.
The justices said they will take up the state’s appeal in the case of Lee Boyd Malvo, who was 17 when he and John Allen Muhammad fatally shot 10 people in Maryland, Virginia and Washington. Malvo was sentenced to life-without-parole terms in Virginia and in Maryland. Muhammad, who was 41 at the time of the shootings, was sentenced to death and was executed in 2009.
Malvo was sentenced to four life terms for crimes he committed in Virginia. But the U.S. Court of Appeals for the 4th Circuit ruled last year that while Malvo’s life-without-parole sentences were legal when they were imposed, Supreme Court decisions that followed altered sentencing requirements for juvenile offenders.
The appeals court judges said a resentencing would determine whether Malvo qualifies as “one of the rare juvenile offenders” who can be sentenced to life without the possibility of parole because his “crimes reflect permanent incorrigibility.” They said if his crimes instead “reflect the transient immaturity of youth,” he is entitled to a sentence short of life without parole.
The Supreme Court will review that decision. As is typical, the justices did not make any comment in agreeing to hear the case, which will be argued in the fall.
Regardless of what the Supreme Court decides, it is unlikely that Malvo would get out of prison anytime soon. He isn’t currently getting a new sentencing hearing in Maryland, where he struck a plea deal and was sentenced to six life-without-parole prison terms for shootings that took place in that state.
A judge previously ruled that Malvo would not get new sentencing hearings in Maryland. Malvo, who has been serving his sentences at Red Onion State Prison in Pound, Virginia, has appealed. |
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Supreme Court set for case on racial bias in jury selection
Court Center |
2019/03/18 02:15
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Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn't get a murder conviction against him to stick through five trials.
Three convictions were tossed out, and two other juries couldn't reach unanimous verdicts.
This week, the Supreme Court will consider whether his conviction and death sentence in a sixth trial should stand or be overturned for a familiar reason: because prosecutors improperly kept African-Americans off the jury.
The justices on Wednesday will examine whether District Attorney Doug Evans' history of excluding black jurors should figure in determining if Evans again crossed a line when he struck five African-Americans from the jury that most recently convicted Flowers of killing four people.
In overturning Flowers' third conviction, the Mississippi Supreme Court called Evans' exclusion of 15 black prospective jurors "as strong a prima facie case of racial discrimination as we have seen" in challenges to jury composition. This time around, though, the state's high court has twice rejected Flowers' claims, even after being ordered by the U.S. Supreme Court to take another look. |
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Court rejects Ghosn’s request to attend Nissan board meeting
Court Center |
2019/03/10 03:42
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A Japanese court has rejected a request by former Nissan chairman Carlos Ghosn, released on bail last week, to attend the Japanese automaker’s board meeting on Tuesday.
Nissan dismissed Ghosn as chairman after his Nov. 19 arrest, but he remains on the board. The Tokyo District Court said it rejected Ghosn’s request on Monday but did not elaborate on the reasons.
It had been unclear whether Ghosn could attend the board meeting. The court’s approval was needed based on restrictions imposed for his release on bail. The restrictions say he cannot tamper with evidence, and attending the board meeting could be seen as putting pressure on Nissan employees.
Prosecutors had been expected to argue against his attendance. They were not available for immediate comment.
Ghosn has been charged with falsifying financial reports in underreporting his compensation and breach of trust in making payments to a Saudi businessman and having Nissan shoulder investment losses.
He insists he is innocent, saying the compensation was never decided or paid, the payments were for legitimate services and Nissan never suffered the losses.
Since his release on March 6 from Tokyo Detention Center on 1 billion yen ($9 million) bail, he has been spotted taking walks in Tokyo with his family, but he has not made any comments.
His attempt to exercise what his lawyer, Junichiro Hironaka, called his “duty” by attending the board meeting signals one way he may be fighting back.
Hironaka has said Ghosn will speak to reporters soon. A date for a news conference has not been announced. |
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Ex-Illinois Rep. Aaron Schock to appear in court in Chicago
Court Center |
2019/03/07 03:43
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Former Illinois Rep. Aaron Schock is scheduled to appear in court for the first time since the U.S. Supreme Court declined to get involved in his corruption case.
A federal judge in Chicago set a Wednesday hearing for the 37-year-old, who once was a rising star of the Republican Party.
Schock resigned from Congress in 2015 amid scrutiny of his spending, including redecorating his office in the style of the "Downton Abbey" TV series. He was indicted in 2016 on 22 counts, i ncluding wire fraud and falsification of election commission filings.
Schock has pleaded not guilty. His attorneys argued the case should be dismissed, saying his prosecution violated separation-of-powers clauses. The Supreme Court declined last month to consider it.
The case was originally filed in central Illinois. The Justice Department transferred it to prosecutors in Chicago last year. |
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Governor says 'no executions' without court-backed drugs
Court Center |
2019/02/26 17:34
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Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate.
Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method.
Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system.
After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long.
The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious.
Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.
But because attorneys for death row inmate Keith Henness didn't prove a viable alternative exists, Merz declined to stop the execution. But DeWine did, postponing Henness' execution from Feb. 13 until Sept. 12, although that would be contingent on the state having a new, court-approved lethal injection system in place, which is unlikely in that time frame.
Ohio is also scheduled to execute Cleveland Jackson on May 29, a timeline Merz questioned last week, given the governor's order. |
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Court upholds car rental tax imposed in Maricopa County
Court Center |
2019/02/25 01:35
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The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal.
Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways.
A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies.
But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling.
The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage.
The surcharge is charged on car rental companies, but the costs are passed along to customers.
Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case. |
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