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Family of Colorado man killed by police settles laws
Attorney News | 2017/05/20 10:43
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.

The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.

Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.

Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.

The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.

A court filling from this week does not show the terms of the settlement.




Judge rejects effort to block Confederate statue's removal
Attorney News | 2017/05/11 10:38
A last-ditch effort to block the removal of a monument to a Confederate general in New Orleans was rejected Wednesday by a Louisiana judge who turned away arguments that the city doesn't own the statue or the land on which it sits.

"This has gone on an inordinate amount of time," Judge Kern Reese said as he outlined reasons for his refusal to grant an injunction protecting the statue of Gen. P.G.T Beauregard. It was a reference to state and federal court battles that delayed removal of the Beauregard monument and three others for more than a year.

The huge bronze image of Beauregard on horseback sits in the center of a traffic circle at the entrance to New Orleans City Park. Those who don't want it removed argued that it belongs to a park board and, therefore, the city has no authority to remove it.

Reese's rejection of an injunction means the city can remove the statue pending further proceedings in his court. Richard Marksbury, a New Orleans resident and monument supporter, said he may go to an appeal court to block removal.

The Beauregard statue, a statue of Gen. Robert E. Lee and one of Confederate President Jefferson Davis are slated for removal. A fourth structure, the Liberty Place monument, was removed late last month. It honored whites who battled a biracial Reconstruction-era government in New Orleans.

The Liberty Place monument was taken down without advance notice in the dead of night by workers in masks and body armor. City officials have been secretive about removal plans due to threats of violence against those tasked with taking down the structures.

In Reese's court, Franklin Jones, an attorney for Marksbury, cited documents asserting that the independent, state-supervised board that oversees City Park owns the Beauregard statue and the tract of land on which it sits. Adam Swensek, an assistant city attorney, noted court precedents holding otherwise and said delays in removing the monuments only prolong a controversy that has resulted in tense confrontations between pro- and anti-monument groups at monument sites.


Dems force 1-week delay on panel vote on Supreme Court pick
Attorney News | 2017/03/25 11:19
Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.

As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.

That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.

The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.

It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.

Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.

Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.



Court bars release of videos made by anti-abortion group
Attorney News | 2017/03/20 11:20
A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.

The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.

The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.

The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.

It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.

A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.


NC governor, legislature head to court in power showdown
Attorney News | 2017/03/03 08:38
North Carolina's new Democratic governor and majority Republican legislature are charging at each other in a constitutional game of chicken over their powers, a confrontation that could shape the recent conservative direction of state policies and spending.

The confrontation continues Tuesday, when the two branches of state government appear for a court hearing before the third. A panel of three trial judges will gather in Raleigh to hear lawyers for Gov. Roy Cooper dispute attorneys for the state House and Senate leaders over whether new laws are constitutional.

"This is a fight that involves really the three branches of government. It's one of a series of possible contests that we can see as the governor serves his term in office about who is going to make what decisions," High Point University political scientist Martin Kifer said. "It also has to do with the pace of policymaking. This isn't speeding things up."

GOP lawmakers passed several provisions that reduced the incoming governor's powers during a surprise special legislative session two weeks before Cooper took office Jan. 1. The laws:

— require Cooper's choices to run 10 state agencies to be approved by the GOP-led Senate.

— strip Cooper's control over administering elections and gives Republicans control over state and local elections boards during even-numbered years when elections for major statewide and national office are held.

— slash Cooper's patronage hiring discretion and gives civil service protections to hundreds of political appointees hired by former Republican Gov. Pat McCrory, who narrowly lost to Cooper last fall.

Cooper might not like the increasing number of limits Republicans impose, but he'd better get used to it, attorneys for legislative leaders said in a court filing. The state's constitution and legal precedents have created one of the country's weakest governors, and makes the General Assembly the dominant branch, attorneys for state House Speaker Tim Moore and Senate leader Phil Berger wrote.



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