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Supreme Court hopeful had DWI charge in 2009
Lawyer Blog News |
2018/10/18 16:47
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A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.
The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty.
That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s.
Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober.
Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race.
Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago."
Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters."
Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.
Anglin is one of three candidates seeking a place on the court. The other candidates are Barbara Jackson, a Republican who's seeking re-election, and Anita Earls, a Democrat and longtime civil rights lawyer.
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Sessions criticizes court order on deposition in census case
Court Feed News |
2018/10/17 23:47
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Attorney General Jeff Sessions on Monday criticized a court order that allows for the questioning of Commerce Secretary Wilbur Ross on how a citizenship question came to be added to the 2020 census.
The court's actions, the attorney general said in a speech to the conservative Heritage Foundation, represent an improper attempt "to hold a trial over the inner-workings of a Cabinet secretary's mind."
With his remarks, Sessions waded into a simmering legal dispute that may ultimately be resolved by the Supreme Court, which solidified its conservative majority with the recent addition of Justice Brett Kavanaugh.
The conflict centers on a judge's order that Ross may be deposed by lawyers challenging whether a question on citizenship legally can be included on the census. Plaintiffs in two lawsuits, including more than a dozen states and big cities, have sued, saying the question will discourage immigrants from participating in the census.
The judge, Jesse M. Furman, has said Ross can be questioned about how the citizenship inquiry was added to the census because he was "personally and directly involved in the decision, and the unusual process leading to it, to an unusual degree." A New York-based federal appeals court backed Furman's ruling last week, but Supreme Court Justice Ruth Bader Ginsburg issued a temporary stay.
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Court picks prosecutor to defend ruling on Arpaio's pardon
Business Law Info |
2018/10/15 23:51
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A Los Angeles attorney has been appointed to defend a ruling by a lower court judge who refused to erase the criminal record of former metro Phoenix Sheriff Joe Arpaio after he was pardoned by President Trump.
The 9th Circuit Court of Appeals on Monday picked Christopher G. Caldwell to argue in support of the ruling that dismissed the lawman's case but refused to expunge his record.
The appointment in the appeal came after President Donald Trump's Justice Department refused to handle the case.
Caldwell worked for the Justice Department in the 1980s and, in private practice since then has focused on cases involving the entertainment industry, intellectual property and other areas.
After the six-term sheriff was defeated in late 2016, he was convicted of criminal contempt of court for his acknowledged disobedience of a judge's 2011 order that barred his traffic patrols that targeted immigrants. Arpaio was accused of prolonging the patrols for 17 months to boost his successful 2012 re-election campaign.
The pardon of the misdemeanor conviction spared Arpaio — an early supporter of Trump's presidential campaign — a possible jail sentence.
Arpaio is appealing the ruling that refused to expunge his criminal record.
Lawyers for the Justice Department won the conviction. But after the pardon, it sided with Arpaio, arguing that the conviction should be expunged because he was pardoned before it became final. |
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Colorado Supreme Court hears high-stakes oil and gas lawsuit
Business Law Info |
2018/10/14 23:49
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An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.
A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.
The justices heard oral arguments in the high-stakes case but did not say when they would rule.
The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.
The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.
The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.
Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.
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Manhattan DA drops part of Weinstein case
Criminal Law Updates |
2018/10/12 18:21
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Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.
The development was announced in court Thursday with Weinstein looking on.
The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.
In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.
Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.
“In short, your honor, we are moving full steam ahead,” she said.
Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements. |
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Former FIFA official Makudi at court for ban appeal hearing
Lawyer Blog News |
2018/10/11 17:21
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Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.
Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."
The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).
FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.
He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.
"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.
Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations. |
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