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Justice delayed: Virus crisis upends courts system across US
Legal News |
2020/04/03 03:07
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The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court. |
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Georgia high court election cancellation headed for appeal
Legal News |
2020/03/18 17:41
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A would-be candidate for a seat on Georgia's highest court on Wednesday asked the state's lower appeals court to step in after a judge this week said the governor had the right to fill the position even though a judge who's resigning won't leave until November.
Georgia Supreme Court Justice Keith Blackwell, whose six-year term ends in December, told Gov. Brian Kemp last month that he planned to resign but would remain on the bench until Nov. 18. Kemp's office then told Secretary of State Brad Raffensperger that the Republican governor intended to fill the seat by appointment, and Raffensperger canceled the scheduled May 19 election for the position.
John Barrow, a former Democratic congressman from Athens, and former Republican state lawmaker Beth Beskin of Atlanta had both planned to challenge Blackwell. They filed separate lawsuits in Fulton County Superior Court saying the election had been illegally canceled and asking a judge to order Raffensperger to put it back on the calendar and allow candidates to qualify.
Judge Emily Richardson on Monday ruled that according to the Georgia Constitution and state law, Blackwell's seat became vacant Feb. 26, when Kemp signed a letter accepting the justice's resignation. Raffensperger was no longer required to hold an election for the seat once the governor signaled his intent to appoint someone to fill it, she wrote.
Even though the effective date of Blackwell’s resignation is after the May election, it is still within his current term, which ends Dec. 31, meaning Kemp has the authority under the state Constitution to fill the vacancy by appointment, Richardson wrote.
Barrow on Wednesday filed an emergency request with the Georgia Court of Appeals, arguing that Richardson was wrong and asking the court to take up the case. Beskin's lawyer, Cary Ichter, said in an email that they intend to do the same on Thursday.
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Ohio Supreme Court keeps camera challenge alive
Legal News |
2019/11/20 03:45
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Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.
The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.
The Toledo Blade reports Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.
The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state. |
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EPA reaffirms glyphosate safe for users as court cases grow
Legal News |
2019/05/01 22:37
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The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.
The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.
The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”
Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.
Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.
Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.
In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.
The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph. |
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Malaysia court to resume Kim Jong Nam murder trial on Jan. 7
Legal News |
2018/11/06 18:08
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A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.
A High Court judge in August found there was enough evidence to infer that Indonesian Siti Aisyah and Vietnamese Doan Thi Huong, along with four missing North Korean suspects, had engaged in a “well-planned conspiracy” to kill Kim Jong Nam.
The women appeared somber but calm during Wednesday’s hearing. The trial had been due to resume Nov. 1 but was postponed after a defense lawyer fell ill.
Aisyah’s lawyers made a new application to the court to compel prosecutors to provide them with statements that eight witnesses had given to police earlier.
Her lawyer, Kulaselvi Sandrasegaram, said they were informed that one of the witnesses, the man who chauffeured Kim to the airport, had died while two Indonesian women who were Aishah’s roommates were believed to have returned to their homeland. She said they have only managed to interview two of the witnesses offered by prosecutors, while two others didn’t turn up for their appointments and couldn’t be contacted.
The witness statements taken by police are important in “the interest of justice” and to ensure that what they say to defense lawyers is consistent with what they told police, Sandrasegaram told reporters later.
Prosecutor Iskandar Ahmad said the police interviews are privileged statements and shouldn’t be made public.
Judge Azmi Ariffin said the court will make a decision on the defense application on Dec. 14. He also set 10 days from Jan. 7 through February for Aishah’s defense and 14 days from March 11 through April for Huong.
The two are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in custody. The four North Korean suspects fled the country the same morning Kim was killed.
Lawyers for Aisyah, 25, and Huong, 29, have told the judge they will testify under oath in their defense.
They have said their clients were pawns in a political assassination with clear links to the North Korean Embassy in Kuala Lumpur, and that the prosecution failed to show the women had any intention to kill. Their intent is key to concluding they are guilty of murder. |
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Attorney files challenge to eastern Iowa judge appointment
Legal News |
2018/11/03 13:31
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An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge.
Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution.
Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it.
Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment.
Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status.
In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal proces
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Judge: Michael Avenatti must pay $4.85M in ex-lawyer's suit
Legal News |
2018/10/23 04:30
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Porn actress Stormy Daniels' lawyer Michael Avenatti must pay $4.85 million to an attorney who worked at his former law firm, a California judge ruled Monday in an order that holds the potential presidential candidate personally liable in a lawsuit over back pay.
The Los Angeles judge ordered the payout the same day a separate ruling came down evicting Eagan Avenatti LLC from its office space in Southern California after four months of unpaid rent.
In the case over back pay, Los Angeles Superior Court Judge Dennis Landin ruled that Avenatti personally guaranteed a settlement with attorney Jason Frank, who said Eagan Avenatti misstated its profits and that he was owed millions of dollars.
Avenatti, who is best known for representing Daniels in her lawsuit against President Donald Trump following an alleged 2006 affair, did not appear at Monday's hearing and never filed arguments in the case.
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