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Appeals court: Trump exceeded authority with travel ban
Legal Opinions |
2017/12/28 11:22
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
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Michigan High Court to Hear Arguments on Guns in Schools
Law & Court News |
2017/12/27 11:22
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Michigan's high court is expected to weigh in next year on whether school districts can ban anyone not in law enforcement from carrying guns onto school grounds.
The Michigan Supreme Court last week invited school districts and gun rights groups in a disputed lower-court decision to file written arguments. Oral arguments are expected in coming months, though a hearing date hasn't been set, the Detroit News reported.
The legal battle stems from a 2016 appellate court ruling that public schools can ban guns from their premises, citing more than two dozen state laws with language referencing "weapon-free school zones." The ruling rejected a challenge by gun rights groups and parents who are licensed to carry firearms.
Gun rights advocates said the court was wrong to find Ann Arbor Public Schools and the Clio Area School District aren't in conflict with state law, which prohibits local governments from regulating gun possession.
The Ann Arbor district banned all guns on school property and school-sponsored activities in 2015 after Ulysses Wong, a parent, openly carried a firearm into a high school music concert. Under the district's rules, bringing a gun into the school would constitute an emergency and result in evacuation or other response strategies. |
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Indiana Supreme Court considers eavesdropping case
Law Firm Blog News |
2017/12/25 11:22
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The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.
Last month, the Supreme Court suspended Neary's law license for four years.
Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .
Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.
Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.
Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."
The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
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Commission to recommend pretrial reforms for Illinois courts
Topics in Legal News |
2017/12/23 11:22
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Key players in the Illinois court system are set to scrutinize pretrial processes statewide to identify ways to make them fairer and more transparent.
The Illinois Supreme Court says the focal point of the push for reforms will be a Commission on Pretrial Practices. It’ll include everyone from judges and lawyers to legislators and court clerks.
Chief Justice Lloyd Karmeier said in a statement last week that the aim is to enact “sensible and practical reforms” that, among other things, ensure pretrial detention is ordered only when a suspect poses a clear threat.
He says the commission’s goal will be to understand “where the greatest problems lie” and “how those problems differ from jurisdiction to jurisdiction.” He didn’t say when the commission hoped to release its recommended reforms.
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Court convicts British woman of smuggling powerful painkillers
Attorney Blog News |
2017/12/22 11:21
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A court in Egypt's Red Sea region has convicted a British woman of smuggling hundreds of powerful painkillers banned in the Arab country, sentencing her to three years in prison.
The woman, 33-year-old Laura Plummer from Hull, has maintained her innocence since her arrest in October on arrival from Britain at Hurghada, a Red Sea resort city. She has insisted the Tramadol tablets were for her Egyptian partner who suffers chronic back pain.
Tramadol is listed by Egyptian authorities as an illegal drug given its wide use as a heroin substitute.
Tuesday's conviction came as a surprise since the hearing was supposed to be taken up by the argument of the defense. The verdict can be appealed.
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