Alabama Supreme Court won't move lawsuit against Moore

Headline Legal News 2018/08/18 18:02   Bookmark and Share
The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago.

The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous."

Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones.

Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election.

Moore sought to have the case heard in Etowah County where he and Corfman both live.

"The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said.

Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery.

Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.
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Court, regulators clash over uranium project in South Dakota

Headline Legal News 2018/08/13 23:19   Bookmark and Share
Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.

The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported.

Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area.

The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants.

Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.

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Nevada Supreme Court taking up execution case

Headline Legal News 2018/08/11 23:19   Bookmark and Share
The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.

A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.

Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.

The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.

A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.

Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."

Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.

The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.
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Lawyers ask US Supreme Court to stay Tennessee execution

Headline Legal News 2018/08/08 23:18   Bookmark and Share
Attorneys are asking the U.S. Supreme Court to stay the looming execution of a convicted child killer after the Tennessee Supreme Court and governor decided against a delay.

In a filing Tuesday, federal public defender Kelley Henry and attorney Carl Gene Shiles Jr. wrote that Billy Ray Irick should get a stay of Thursday's scheduled lethal injection while a challenge of the state's protocol continues on appeal.

The state Supreme Court wrote Monday that Irick's attorney didn't meet the burden of proving the lawsuit challenging Tennessee's new three-drug cocktail is likely to succeed. Gov. Bill Haslam said Monday he won't intervene.

Protesters demonstrated Tuesday, urging Haslam to stop the execution.

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Filing period opens for West Virginia Supreme Court seat

Headline Legal News 2018/08/06 12:50   Bookmark and Share
The filing period has begun for a special election for the West Virginia Supreme Court.

The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Ketchum announced his retirement last month. He had two years remaining in his term.

Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.
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Widower wins court battle for estate of 'Thorn Birds' author

Headline Legal News 2018/07/19 23:22   Bookmark and Share
An Australian judge ruled on Friday that best-selling author Colleen McCullough's widower was the sole beneficiary of her estate following a bitter court wrangle.

The author of the novel "The Thorn Birds," which sold 33 million copies worldwide, died on Norfolk Island in 2015 aged 77.

Her husband of 32 years, Ric Robinson, had been battling the executor of the author's estate and close friend, Selwa Anthony, in the New South Wales state Supreme Court over who was entitled to her 2.1 million Australian dollar ($1.5 million) estate.

McCullough wrote a will in 2014 leaving everything to The University of Oklahoma Foundation, of which she was a founding board member. Anthony alleged Robinson took advantage of his wife's ill health to change her will in October 2014, leaving him everything, before her death four months later.

Anthony maintained the foundation was the rightful beneficiary according to the earlier will signed in Sydney, around the time McCullough said she had "kicked Ric out for good" because he had a mistress.

Justice Nigel Rein on Friday found McCullough had intended to bequeath her entire estate to Robinson.

He found the foundation will was later revoked following the couple's reconciliation, when McCullough signed or initialed documents leaving everything to her husband.

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