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Top prosecutor in Del Norte County suspended
Top Legal News |
2013/04/12 22:56
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The top prosecutor in Northern California's remote Del Norte County has been suspended without pay after a judge recommended he be disbarred.
The Del Norte Board of Supervisors voted unanimously in a closed session Friday to suspend District Attorney Jon Alexander.
The suspension comes after State Bar Judge Lucy Armendariz recommended that Alexander be disbarred after concluding Alexander had violated three rules of prosecutorial conduct - communication with a represented party, moral turpitude and suppression of evidence.
The judge ordered Alexander placed on inactive status, meaning he will not be able to practice law in California as of Sunday, pending a possible appeal. |
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Court won't allow challenge to surveillance law
Top Legal News |
2013/03/04 23:35
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A sharply-divided Supreme Court on Tuesday threw out an attempt by U.S. citizens to challenge the expansion of a surveillance law used to monitor conversations of foreign spies and terrorist suspects.
With a 5-4 vote, the high court ruled that a group of American lawyers, journalists and organizations can't sue to challenge the 2008 expansion of the Foreign Intelligence Surveillance Act (FISA) because they can't prove that the government will monitor their conversations along with those of potential foreign terrorist and intelligence targets.
Justices "have been reluctant to endorse standing theories that require guesswork," said Justice Samuel Alito, who wrote for the court's majority.
The Foreign Intelligence Surveillance Act, or FISA, was enacted in 1978. It allows the government to monitor conversations of foreign spies and terrorist suspects abroad for intelligence purposes. The 2008 FISA amendments allow the government to obtain from a secret court broad, yearlong intercept orders, raising the prospect that phone calls and emails between those foreign targets and innocent Americans in this country would be swept under the umbrella of surveillance.
Without proof that the law would directly affect them, Americans can't sue, Alito said in the ruling.
Despite their documented fears and the expense of activities that some Americans have taken to be sure they don't get caught up in government monitoring, they "have set forth no specific facts demonstrating that the communications of their foreign contacts will be targeted," he added. |
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NY dismemberment defendant dons trash bag in court
Top Legal News |
2013/03/01 07:45
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A New York City man accused of killing and dismembering his mother has appeared at his arraignment on a murder charge wearing a large garbage bag.
Bahsid McLean was held without bail following his Bronx court appearance Thursday.
His attorney says his client had been urinating on himself and had no other clean clothing. He says he is off medication, and will undergo a psychiatric evaluation.
The criminal complaint says McLean stabbed Tanya Byrd and then cut up her body with help from another man.
A resident walking his dog came across the remains early Tuesday. Police say they were stuffed in four bags and scattered along four blocks.
The second suspect, William Harris, was arraigned on charges that include hindering prosecution. There was no immediate information on his attorney. |
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SUPREME COURT NOTEBOOK: Sitting out the speech
Top Legal News |
2013/02/15 22:53
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While his colleagues got ready to go to the Capitol, Justice Antonin Scalia sat on a stage across town and held forth about why, for the 16th consecutive year, he would not be joining them for the State of the Union.
He doesn't go when a Democrat is president. He stays away when the president is Republican.
"It has turned into a childish spectacle. I don't want to be there to lend dignity to it," Scalia said, with a certain amount of mischief.
The 76-year-old justice has previously made clear his disdain for the event, but Tuesday may have been the first time he did so at nearly the same time as the speech.
The occasion was a talk sponsored by the Smithsonian Associates and moderated by National Public Radio's Nina Totenberg, one of many public appearances by the justices during their winter recess. They will meet in private on Friday and return to the bench on Tuesday.
Lest anyone think the timing of his talk was anything other than a coincidence, Scalia tried to put those thoughts to rest. |
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Fla. to execute mass killer after court lifts stay
Top Legal News |
2012/10/25 21:07
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A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court.
The execution of John Ferguson, 64, was tentatively back on for 6 p.m. at Florida State Prison pending a final order from the governor's office, state corrections officials said. Ferguson has been on Florida's death row for 34 years.
The 11th U.S. Circuit Court of Appeals on Monday lifted a stay put in place over the weekend by a judge in Florida. Ferguson's lawyers argued he is mentally ill and therefore the Constitution prohibits the state from executing him.
His attorneys sought reinstatement of the stay in an emergency filing Tuesday morning with the U.S. Supreme Court. There was no immediate ruling from the justices.
Ferguson was convicted of killing eight people in South Florida in 1977 and 1978, including a teenage couple.
Two of the three appeals court judges in Atlanta ruled that U.S. Judge Daniel Hurley "abused" his discretion on Saturday when he issued a stay in the case. |
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High court begins new term with human rights case
Top Legal News |
2012/10/08 22:50
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The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.
The justices appeared ready to impose new limits on lawsuits brought in U.S. courts over human rights violations abroad.
The argument was the first in a term that holds the prospect for major rulings about affirmative action, gay marriage and voting rights.
Meeting on the first Monday in October, as required by law, the justices entered the crowded marble courtroom for the first time since their momentous decision in late June that upheld President Barack Obama's health care overhaul.
The lineup of justices was the same as in June, but the bench had a slightly different look nonetheless. Justice Antonin Scalia was without the glasses he no longer needs following cataract surgery over the summer.
Chief Justice John Roberts formally opened the term and the court turned quickly to its first argument.
The dispute involves a lawsuit filed against Royal Dutch Petroleum over claims that the oil company was complicit in abuses committed by the Nigerian government against its citizens in the oil-rich Niger Delta. |
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Appeals court reverses ruling on campaign donors
Top Legal News |
2012/09/22 23:14
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An appeals court on Tuesday reversed a lower court ruling that likely would have led to greater disclosure of who is paying for certain election ads.
In March, U.S. District Judge Amy Berman Jackson ruled that the Federal Election Commission overstepped its bounds in allowing groups that fund certain election ads to keep their financiers anonymous.
But Tuesday's unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia sent the case back to Jackson, with instructions to refer the matter to the FEC for further consideration.
At issue are electioneering communications — ads that don't expressly advocate voting for or against a candidate running for federal office. In 2007, the FEC ruled that only contributors whose donations were "made for the purpose of furthering electioneering communications" had to be identified; those who gave unrestricted money did not have to be identified. The FEC regulation came in response to a Supreme Court ruling that gave more latitude to nonprofit groups — like the Karl Rove-backed Crossroads GPS and the President Barack Obama-leaning Priorities USA — on pre-election ads.
Rep. Chris Van Hollen, D-Md., sued the FEC over the regulation, which he called a "loophole" that made the disclosure requirements meaningless. He won a summary judgment from Jackson, who was appointed by Obama. The judge ruled that "Congress spoke plainly" in passing the McCain-Feingold campaign finance law — and did not delegate authority to the FEC to narrow the disclosure requirement. |
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