Kentucky governor, attorney general clash before high court

Attorney News 2017/08/19 09:37   Bookmark and Share
Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.

But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.

What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.

Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.

But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.

If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.

Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.

In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.

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French Designer Wins Court Case in Dispute with Brad Pitt

Court News 2017/08/18 09:38   Bookmark and Share
A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.

But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.

Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.

Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.

The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.
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German court sends ECB challenge to European court

Court Watch 2017/08/16 08:42   Bookmark and Share
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.

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Former Pakistan PM challenges disqualification by court

Court Watch 2017/08/16 08:38   Bookmark and Share
A Pakistani official says former Prime Minister Nawaz Sharif has filed petitions with the Supreme Court to challenge his disqualification and removal from office.

Environment Minister Mushahidullah Khan, who is in Sharif's party, said Tuesday that the former prime minister's lawyers filed three petitions to review the verdict.

The court disqualified Sharif after documents leaked from a Panama-based law firm showed that his family held previously undisclosed overseas assets. A five-judge panel last month disqualified Sharif, accusing him of concealing assets.

Last week Sharif held a series of rallies across the country, criticizing the court ruling and seeking to whip up popular support.
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Missouri Supreme Court rejects request to stop execution

Legal Business 2017/08/16 08:38   Bookmark and Share
The Missouri Supreme Court on Tuesday denied a motion from attorneys seeking to halt the execution of a man scheduled to die next week but did not explain its decision.

Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.

In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.

"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"

After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.

"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."

Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review.

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Hailey attorney named to Idaho District Court bench

Court News 2017/08/15 08:43   Bookmark and Share
Central Idaho attorney Ned Williamson has been named the new judge in Idaho's 5th District Court.

Gov. C.L. "Butch" Otter selected Williamson, a Hailey resident, to replace recently retired Judge Robert Elgee in Blaine County.

The Times-News newspaper reports Williamson served as a deputy prosecutor in both Canyon and Blaine counties before opening his private law practice in 2001. Williamson was one of four candidates submitted to Otter for the judgeship.

Otter said Williamson's local experience will serve him well on the bench. Williamson said he's honored by the selection and will dedicate himself to being a fair and impartial judge.
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