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Today's Date: 5/13/125 | 11:29 A.M. Law Firm & Legal Blog News Feed
Judge says Kobach has shown pattern of misleading court
Top Court Watch | 2017/07/25 16:59
A federal judge says Kansas Secretary of State Kris Kobach has demonstrated a pattern of misleading the court about the facts and record in a voting rights case.

U.S. District Judge Julie Robinson refused Tuesday to reconsider a $1,000 fine and order requiring Kobach to submit to a deposition by the American Civil Liberties Union.

A magistrate judge had fined Kobach for misrepresenting the contents of documents he took into a November meeting with then President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.

Robinson cited three earlier instances where Kobach mischaracterized the record or exhibits. She says sanctions are necessary to deter him from misleading the court in the future.

Kobach is vice chairman of President Donald Trump's Presidential Advisory Commission on Election Integrity.


Top Vatican official to face Australian court on sex charges
Legal Blog News | 2017/07/25 16:59
The most senior Vatican official ever charged in the Catholic Church sex abuse crisis is expected to make his first court appearance in Australia on Wednesday, as he vows to clear his name in a scandal that has rattled Rome.

Cardinal George Pell, Australia's highest-ranking Catholic and Pope Francis' top financial adviser, was charged last month with sexually abusing multiple people years ago in his Australian home state of Victoria. The details of the allegations against the 76-year-old cardinal have yet to be released to the public, though police have described the charges as "historical" sexual assault offenses - meaning crimes that occurred years ago.

Pell is to appear at the Melbourne Magistrates' Court for a hearing that will likely last just minutes and deal largely with administrative matters, such as setting future court dates. Despite the routine nature of the hearing, it is expected to draw hordes of journalists, abuse survivors and spectators.

Pell took a leave of absence from his duties in Rome to return to Australia to fight the charges. He has vehemently denied the allegations, saying last month, "The whole idea of sexual abuse is abhorrent to me."

The pope has said he will wait for Australian justice to run its course before making a judgment of Pell himself.

For years, Pell has faced allegations that he mishandled cases of clergy abuse when he served as archbishop of Melbourne and, later, Sydney. But more recently, Pell became the focus of a clergy sex abuse investigation, with Victoria detectives flying to the Vatican to interview him last year.



Vietnamese activist sentenced to 9 years in prison
Law & Court News | 2017/07/24 17:00
A Vietnamese court on Tuesday sentenced an activist to nine years in prison on charges of producing videos that defamed the country’s leadership, in the latest crackdown on dissent.

Tran Thi Nga was convicted of spreading propaganda against the state in the one-day trial at the People’s Court in Ha Nam province in northern Vietnam, her lawyer said.

Nga, 40, campaigned against environmental pollution, police brutality and illegal land confiscation, and called for a tougher stance toward China’s assertive territorial claims in the South China Sea.

The court also imposed five years of house arrest following her prison term, lawyer Ha Huy Son said.

“I think this is an unjust verdict,” Son said. “She did not commit the crime for which she was convicted by the court.”


Indiana's newest Supreme Court justice joins high court
Top Court Watch | 2017/07/22 16:59
Former Wabash County Superior Court Judge Christopher Goff was sworn in Monday as Indiana's newest state Supreme Court justice, joining a high court that's been completely remade since 2010 following a series of retirements.

Chief Justice Loretta Rush administered the oath of office for Goff during the swearing-in at the court's Statehouse offices.

Goff, 45, is now the court's youngest member. He succeeds Justice Robert Rucker, who retired in May after 18 years on the court. Rucker retired five years before reaching the court's mandatory retirement age of 75. In 1999, he became only Indiana's second black justice when Democratic Gov. Frank O'Bannon named him to the high court.

All five justices are now white and all have been appointed since 2010 by Republican governors to replace justices who retired.

Goff joins Rush and justices Steven David, Mark Massa and Geoffrey Slaughter on the court.

Gov. Eric Holcomb will preside over a ceremonial oath and public robing ceremony on Sept. 1 for Goff, who is expected to hear his first oral arguments with the court on Sept. 7.

Holcomb chose Goff in June to fill the court's vacancy from among three finalists selected by Indiana's Judicial Nominating Commission.


Idaho Supreme Court upholds grocery tax veto
Topics in Legal News | 2017/07/21 13:02
The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.

However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.

"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.

Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.

For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.


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