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Court takes another look at Native American adoption law
Headline Legal News |
2020/01/22 16:14
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
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Kentucky lawmaker Harris to run for state Supreme Court
Headline Legal News |
2020/01/06 10:51
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A state representative from eastern Kentucky says he is running for the state’s Supreme Court.
News outlets report that state Rep. Chris Harris, a Democrat who represents District 93, said in a statement that he plans to run for a seat in the 7th District of the Supreme Court of Kentucky.
Harris has served in Kentucky’s House of Representatives since 2015. He previously served as a Pike County magistrate and president of the Kentucky Association of Counties.
Harris also has had a private law practice for nearly 25 years. The 7th District covers 22 counties in eastern Kentucky.
Supreme Court rejects death row inmate’s appeal
The Nebraska Supreme Court has rejected the latest appeal of a Texas man on Nebraska’s death row for killed two Grand Island men in 2007.
Marco Torres Jr., formerly of Pasadena, Texas, had sought post-conviction relief for a third time after being sentenced to death for two counts of first-degree murder and other counts in the robbery and shooting deaths of 48-year-old Timothy Donohue and 60-year-old Edward Hall. In his latest appeal, Torres argued that his death sentence should be converted to life in prison based on the Legislature’s vote to repeal the state’s death penalty in 2015. Nebraska voters later reinstated the death penalty.
Torres argued in the appeal that the referendum process to reinstate Nebraska’s capital punishment and his death sentence amounted to violations of his constitutional due process rights and against cruel and unusual punishment.
The state’s high court on Friday rejected Torres’ arguments, saying it found no merit to his claims.
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Court: Washington drivers must use turn signals to turn
Headline Legal News |
2019/12/28 17:32
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The state Supreme Court has unanimously ruled that drivers must use their signal every time they turn or change lanes on a roadway.
Thursday’s ruling reverses a Court of Appeals ruling that said a signal is required only when public safety is affected. The high court ruled that the plain language of the law requires drivers “to ensure turns and lane changes are done safely and with an appropriate turn signal."
The ruling was issued in the case of David Brown, who was arrested for driving under the influence in Kennewick in March 2015. State patrol officers pulled him over after he briefly turned on his left turn signal while approaching a light in a designated left turn lane but turned it off and did not reactivate it while at the light or making the turn. He was arrested after his breath test showed .26 breath alcohol content, more than triple the legal limit.
Brown had argued that the evidence of the breath test should be suppressed because the underlying traffic stop was without cause, and a lower court agreed and dismissed the case. The only issue before the Supreme Court was whether Brown violated traffic laws. The case now goes back to the lower courts to proceed in accordance with the high court's guidance on the initial stop. |
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Mississippi man freed months after court rules racial bias
Headline Legal News |
2019/12/16 09:23
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A Mississippi man whose murder conviction was overturned by the U.S. Supreme Court for racial bias was released from custody Monday for the first time in 22 years.
Curtis Flowers walked out of the regional jail in the central town of Louisville hours after a judge set his bond at $250,000. A person who wanted to remain anonymous posted $25,000, the 10% needed to secure Flowers’ release, said his attorney Rob McDuff.
At the bond hearing earlier Monday in the city of Winona, Circuit Judge Joseph Loper ordered Flowers to wear an electronic monitor while waiting for the district attorney’s office to decide whether to try him a seventh time or drop the charges. Flowers also must check in once a week with a court clerk, McDuff said. He said attorneys would file papers asking the judge to dismiss the charges.
Flowers was accompanied from the jail Monday by his attorneys and two sisters, Priscilla Ward and Charita Baskin. The siblings said they were going home to fry some fish for dinner and hang out together.
“It’s been rough,” Flowers said. “Taking it one day at a time, keeping God first ? that’s how I got through it.”
When asked another question, Flowers sighed, smiled and tossed his hands in the air. “I’m so excited right now, I can’t even think straight,” he said with a laugh.
Flowers was convicted four times in connection with a quadruple slaying in Winona in 1996: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials.
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Judge criticized by abortion foes named to top Kansas court
Headline Legal News |
2019/12/16 08:54
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Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.
Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.
Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.
“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "
Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”
Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.
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