Thursday, February 19, 2015

High court must fix special prosecutor process, lawyers say

The Pennsylvania Supreme Court, not known for being shy about defending its prerogatives, has put itself in a curious situation.After months of intrigue and court silence, the justices surprised Pennsylvania's legal community by saying they would hear public arguments on Attorney General Kathleen Kane's legal challenge to the court's self-appointed power to launch special prosecutions.

The case in question is a court-ordered investigation into whether Kane's office illegally shared secret investigative material with the Philadelphia Daily News. The result was a grand jury's recommendation that Kane be charged with perjury and other offenses.

The justices may not ultimately agree with Kane that the courts lack the authority to appoint prosecutors to run grand juries or investigate her office. But, say lawyers and court watchers, the justices must at least clean up a murky and messy process that has been dogged by questions about legality and constitutionality.

Republicans welcome court decision in immigration lawsuit

House Speaker John Boehner says a federal judge's ruling temporarily blocking President Barack Obama's executive action on immigration underscores that he acted beyond his authority.
 
In a statement Tuesday, the Ohio Republican said the ruling by a Texas judge was no surprise, citing Obama's repeated comments about the limits of his authority. Boehner said he hoped that Senate Democrats will relent in their opposition to a Homeland Security Department spending bill that overturns Obama's actions to spare millions of immigrants from deportation.

The department's funding expires Feb. 27 and Congress has only a few legislative days to act.

Sen. John Cornyn of Texas, the No. 2 Republican in the Senate, said in a statement that he hoped Obama obeys the court's ruling. The Justice Department has said it would appeal.

Thursday, February 5, 2015

Brother of murder victim attacks defendant in court

The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.
 
Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.

News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.

After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,

Jones was sentenced to between 16 and 20 years in prison.

Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney.

Court dismisses 3rd lawsuit against hen cage law


A federal appeals court on Wednesday upheld a decision to dismiss a lawsuit by a farmer that challenged a law banning the inhumane confinement of egg-laying hens.

The 9th U.S. Circuit Court of Appeals affirmed the 2012 decision by a lower court to throw out the lawsuit by egg farmer William Cramer. Cramer's lawsuit said the law is unconstitutionally vague.

It's the third time courts have rejected lawsuits by egg farmers against California's landmark Proposition 2.

"We are thrilled that the court sided with the millions of California voters who supported this measure and chose to end extreme and reckless factory farming practices," said Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation for the Humane Society of the United States.

The initiative approved in 2008 bans the inhumane confinement of egg-laying hens, breeding pigs and veal calves in cages so small the animals cannot stretch their limbs, lie down or turn around.Since its passage, farmers have complained that the measure lacks specific language designating appropriate cage size and as a result puts them at risk of misdemeanor charges and fines up to $1,000.

In addition, they say they are on the hook for millions of dollars in upgrades but can't get bank loans without knowing whether new cages will be in compliance.

Monday, December 29, 2014

NY court: Argentina must disclose to US creditors

Argentina and various banks must reveal information about the nation's assets to U.S. bondholders who are owed about $1.5 billion, a federal appeals court said Tuesday, though the panel cautioned a judge that a sovereign state is entitled to grace and civility and some records may be off limits.
 
The ruling by a three-judge panel of the 2nd U.S. Circuit Court of Appeals gives a green light to lawyers for bondholders who refused to trade their holdings for bonds worth less than half as much after Argentina in 2001 defaulted on $100 billion of debt.

U.S. District Judge Thomas P. Griesa had allowed the lawyers to pursue records from Argentina and related entities, including banks.

The appeals court said his discretion over what must ultimately be turned over is delicate, especially when it affects Argentina's diplomatic and military affairs.

It said it might not be possible for Griesa to review documents regarding diplomatic or military issues on his own to determine if they are relevant. The appeals panel said he should be "effective and respectful" as he handles the sensitive aspects of the document review.

The ruling came after U.S. hedge funds that hold Argentina bonds won judgments requiring that they be paid. The hedge funds claim Argentina defaulted on $1.5 billion they are owed after moving assets far and wide to hide them from creditors.

Argentina said in court papers it is being harassed by the hedge funds.

It said the requests for information concern property and finances of the republic's military and diplomatic core, over 100 separate entities and top republic officials including its current and former presidents.

Friday, December 12, 2014

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