Court News 2018/01/23 11:31
The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.
The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.
Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial.
Supreme Court won't take case of ex-NY assembly speaker
The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.
The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.
Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.
The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.

Headline Legal News 2018/01/23 11:30
A New Jersey doctor accused of having his wife killed to protect an illegal prescription drug ring he was running with an outlaw biker gang has been moved to a different jail nearly 100 miles away due to an alleged plot by a co-defendant to kill him.
James Kauffman, 68, of Linwood, New Jersey, is charged with numerous offenses, including murder, racketeering and weapons offenses.
Kauffman and co-defendant Ferdinand Augello, 61, of Petersburg, New Jersey, are charged in the death of Kauffman's 47-year-old wife, April, a radio talk show host who was fatally shot in her home in May 2012.
The charges, including those relating to April Kauffman's shooting as well as the alleged plot to kill James Kauffman, were announced Tuesday after more than five years of investigation.
On Thursday, following brief initial court appearances via video links, prosecutors said Kauffman has been moved from the Atlantic County Jail in Mays Landing to the Hudson County Jail in Kearney, nearly 100 miles away, for his protection.
"We don't think it would be prudent for those two to be lodged together," Atlantic County Prosecutor Damon Tyner said.

Legal Business 2018/01/22 11:32
Opponents of an Obama administration rule aimed at protecting small streams and wetlands from development and pollution now know which courts should be hearing their lawsuits.
The Supreme Court ruled unanimously Monday that litigation over the rule should begin in the lowest level of federal courts, not in the federal courts of appeal. The rule has never taken effect because of lawsuits and is now under review by President Donald Trump's administration.
The 2015 rule sought to settle a debate over which waterways are covered under the Clean Water Act. The debate has dragged on for years and remained murky despite two Supreme Court rulings.
President Barack Obama's administration redefined "waters of the United States" protected under the act to include smaller creeks and wetlands.
Opinions 2018/01/20 11:29
Lawmakers in Greece are set to limit the powers of Islamic courts operating in a border region that is home to a 100,000-strong Muslim minority.
Backed by parliament's largest political parties, the draft law is set to be voted on later Tuesday. The proposal aims to scrap rules dating back more than 90 years ago and which refer many civil cases involving members of the Muslim community to Sharia law courts. The new legislation will give Greek courts priority in all cases.
The changes — considered long overdue by many Greek legal experts — follow a complaint to the Council of Europe's Court of Human Rights over an inheritance dispute by a Muslim woman who lives in the northeastern Greek city of Komotini.
Legislation concerning minority rights was based on international treaties following wars in the aftermath of the Ottoman empire's collapse. The Muslim minority in Greece is largely Turkish speaking. Minority areas were visited last month by Turkish President Recep Tayyip Erdogan.
Greek governments in the past have been reluctant to amend minority rights, as many disputes between Greece and Turkey remain unresolved.
Currently, Islamic court hearings are presided over by a single official, a state-appointed Muslim cleric.
In parliament Tuesday, Constantine Gavroglou, minister of education and religious affairs, praised opposition party support for the bill.

Court News 2018/01/18 11:32
The Supreme Court sided Monday with police over partygoers in a dispute about arrests at a 2008 bash at a vacant home that had been turned into a makeshift strip club.
The high court ruled that police had sufficient reason to make arrests at the raucous party, which took place in a District of Columbia duplex furnished only with a few metal chairs and a mattress. Supreme Court Justice Clarence Thomas wrote in an opinion that police reasonably concluded that the revelers "were knowingly taking advantage of a vacant house as a venue for their late night party."
"Most homeowners do not live in near-barren houses. And most homeowners do not invite people over to use their living room as a strip club, to have sex in their bedroom, to smoke marijuana inside, and to leave their floors filthy. The officers could thus infer that the partygoers knew their party was not authorized," he wrote.
Police officers arrived after receiving a complaint about loud music and illegal activities at a home that had been vacant for months. Arriving officers found loud music playing. Inside the home, they smelled marijuana and saw beer bottles and cups of liquor on the floor. Scantily clad women were performing lap dances while wearing cash-stuffed garter belts. Upstairs, officers found a naked woman, several men, open condom wrappers and a bare mattress.
The partiers provided police with inconsistent stories about the bash. Many said it was a bachelor party, but no one could identify the bachelor. Partygoers claimed they'd been invited to the home but could not say by whom. Two people said that a woman named "Peaches" was the party's host, but she wasn't there when police arrived. Reached by phone, Peaches eventually told police she had invited people to the house but didn't have the homeowner's approval to use the place.

Legal Insight 2018/01/15 11:30
Three backers of Catalonia's independence sought Thursday to get released from jail for their role in the region's push to break from Spain, which triggered the country's worst political crisis in decades.
Former Catalan interior minister, Joaquim Forn, Jordi Sanchez, a member of pro-independence civic group National Catalan Assembly, and Catalan activist Jordi Cuixart made their cases to a Spain Supreme Court judge. A ruling from Judge Pablo LLarena is not expected Thursday.
Forn was one of several regional ministers jailed on provisional charges of rebellion after the regional parliament unilaterally — and unsuccessfully — declared Catalonia an independent republic Oct. 27.
The action prompted the Spanish government in Madrid to remove the region's government from office, dissolve the parliament and call a fresh election that was held last month.
Sanchez and Forn were elected on separatist party tickets, but the Spanish government still is running Catalonia.
Sanchez and Cuixart had been jailed earlier on provisional sedition charges related to preparations for an Oct. 1 independence referendum, which Spain's Constitutional Court had suspended.
All three supporters of Catalan independence told the judge they would oppose further unilateral moves to secede and act in accordance with Spanish law, according to lawyers familiar with the proceedings.
The lawyers requested anonymity because they weren't authorized to discuss what was said during the closed-door hearings.
The lawyers said Sanchez acknowledged that the Oct. 1 referendum was not legally valid. Forn, who as interior minister oversaw Catalonia's security and its regional police, said he would not accept the post again, if he were asked to.
Developments surrounding Catalonia have gripped Spain for months, and the tumult is showing no sign of letting up before the new parliament's first session on Wednesday.
