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Trump choosing white men as judges, highest rate in decades
Top Court Watch | 2017/11/13 13:40
President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.

So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.

The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges. That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.



Human rights group accuses Guatemalan courts of delays
Attorney Blog News | 2017/11/11 13:40
An international human rights group says Guatemalan courts are foot- dragging on high-profile cases and threatening the work of the country's prosecutors and a U.N. anti-corruption commission.

Human Rights Watch analyzed eight major cases that have bogged down and concluded the courts are undermining the anticorruption work by taking too long to process appeals and pretrial motions. In a report released Sunday, the group accuses the courts of trying to run out the clock on prosecutions by keeping defendants from ever making it to trial.

Among the cases is a customs fraud scandal that allegedly sent kickbacks to then President Otto Perez Molina and Vice President Roxana Baldetti. They resigned and were jailed to await trial, but more than 100 defense filings have delayed the trial.

Perez Molina and Baldetti, who resigned in 2015, both deny the charges against them.

Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, said Guatemala has made progress on holding officials accountable for abuses of power, but still needs to "move forward and close those circles with trials." "The strategic defense (of those accused) was always to delay the cases," Wilkinson said.

The report notes a pattern in which pretrial proceedings drag on as defense lawyers appeal court decisions and file petitions seeking the recusal of judges.

"The repeated filing of such petitions has brought many key prosecutions to a standstill, and lawyers are not effectively sanctioned even when filing petitions that are manifestly frivolous," Wilkinson said.


Ohio crime victims' rights issue could face court challenge
Legal Blog News | 2017/11/11 13:39
A civil rights group is weighing a legal challenge to the crime victim rights amendment passed by Ohio voters.

An ACLU of Ohio spokesman said Wednesday the organization is watching to see how Marsy's Law is implemented across Ohio.

Issue 1 amends the Ohio Constitution to give crime victims and their families the same rights as the accused, including notice of court proceedings, input on plea deals and the opportunity to tell their story.

The issue was approved in all 88 counties Tuesday and received nearly 83 percent support statewide. A second ballot issue aimed at curbing skyrocketing drug costs lost in a landslide with nearly 80 percent opposition.

The ACLU argues the victim rights amendment will erode due process rights. Montana's high court declared Marsy's Law unconstitutional last week.



Supreme Court passes on taking John Madden Football case
Topics in Legal News | 2017/11/10 13:39
A contest for Supreme Court tops the ballot Tuesday in Pennsylvania's general election.

An appointed justice, Republican Sallie Mundy, is looking to keep her seat for a full 10-year term. Her opponent is Democrat Dwayne Woodruff, a former Pittsburgh Steeler who's now an Allegheny County judge.

Four seats on the Superior Court are also being contested. A ballot question asks whether the Legislature should have the authority to let counties, municipalities and school districts exclude up to the full value of residents' homes from taxation.

In Allentown, Democrat Ed Pawlowski is seeking a fourth term despite his indictment on corruption charges. He faces Republican real estate developer Nat Hyman. Pawlowski has denied wrongdoing.

In Philadelphia, civil rights attorney Larry Krasner, a Democrat, and career prosecutor Beth Grossman, a Republican, are vying to succeed former District Attorney Seth Williams, sentenced last month to prison for corruption.


'Dirty soda' Utah court battle ends with legal settlement
Top Court Watch | 2017/11/10 13:39
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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