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Cosby asks court to reseal testimony about affairs, drugs
Court Watch |
2016/04/13 07:42
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Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.
Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.
Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
But the judges questioned that strategy, too.
The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women. |
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Clinton: Americans should put Court nomination at forefront
Court Watch |
2016/03/28 19:17
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Hillary Clinton wants voters to consider what Republican front-runner Donald Trump might do to shape the Supreme Court.
Clinton planned to use in a speech in Madison, Wisconsin, on Monday to argue that Trump could roll back the rights of individuals, further empower corporations and undo some of the nation's progress.
Clinton was campaigning in Wisconsin ahead of the state's April 5 primary and speaking Monday at the University of Wisconsin about President Barack Obama's nomination of Judge Merrick Garland.
Clinton holds a large lead among delegates against Democratic rival Bernie Sanders but is trying to stamp out the Vermont senator's momentum following his victories in five of the last six states holding contests.
Clinton's campaign said ahead of the speech that the Democratic presidential candidate would call on Senate Judiciary Chairman Charles Grassley of Iowa to commit to giving Garland a hearing. Grassley and Senate Majority Leader Mitch McConnell, R-Ky., have said that the late Justice Antonin Scalia should not be replaced until the next president picks a nominee.
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Court gives green light to death penalty fast-tracking
Court Watch |
2016/03/22 16:07
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A federal appeals court Wednesday cleared the way for the Department of Justice to allow states to have their inmates' death penalty appeals expedited through federal court.
Legal organizations that challenged the DOJ's criteria for certifying states for the fast-track program lacked standing to bring the lawsuit, the 9th U.S. Circuit Court of Appeals said. The court also noted that the DOJ had not yet granted any certifications, and those certifications would be reviewed by a separate appeals court.
The decision threw out a lower court ruling that blocked the certification process.
The fast-track program would require inmates to file petitions in federal court within six months of a final ruling on their appeal in state court. They normally have a year. It would also require federal courts to act faster on the inmates' petitions.
At least one state, Arizona, has asked the DOJ to certify it for the fast-track program.
Opponents say it would force attorneys representing death penalty inmates to scramble to file appeals, possibly leading some cases to be neglected. Supporters say the program could take years off the death penalty appeals process, giving crime victims faster justice.
"This decision is important not only for the families of murder victims, but also for everyone in the United States who depends upon the rule of law and relies upon the courts to follow it," Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, said in a statement. The Sacramento-based nonprofit organization advocates for swift punishment for guilty defendants and filed arguments in the case.
Marc Shapiro, an attorney for the legal organizations that sued — the San Francisco-based Habeas Corpus Resource Center and the Office of the Federal Public Defender in Arizona — said he will ask a larger 9th Circuit panel to review the ruling.
"We're living in a time where our system of capital punishment is being exposed for its critical flaws," he said. "There's a heightened need for assuring we're not sending innocent or otherwise undeserving people to the execution chamber."
To qualify for the fast-track program, a state has to require a court to appoint an attorney to represent an indigent capital inmate unless the inmate rejects the attorney or is not indigent, according to the 9th Circuit's ruling. Regulations finalized by the DOJ in 2013 set benchmarks for attorney competency.
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White S.C. trooper pleads guilty in shooting of unarmed black man
Court Watch |
2016/03/21 05:06
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A white South Carolina trooper pleaded guilty Monday to assault and battery of a high and aggravated nature in the 2014 shooting an unarmed black driver seconds after a traffic stop.
Trooper Sean Groubert, 32, faces up to 20 years in prison. The shooting captured on dash-cam video from the trooper's patrol car shocked the country, coming during a wave of questionable police shootings.
Levar Jones was walking into a convenience store in September 2014 when Groubert got out of his patrol car and demanded Jones' driver's license.
Jones turned back to reach into his car and Groubert fired four shots. Jones' wallet is seen flying out of his hands.
Groubert's boss, state Public Safety Director Leroy Smith, fired Groubert after seeing the video.
Jones was shot in the hip and survived. He walked into the courtroom Monday with a noticeable limp and played with a Rubik's Cube before the hearing started.
Video of the encounter was played in the courtroom and showed Groubert pulling up to Jones without his siren on, and the trooper asking Jones for his license after he also was out of his car.
As Jones turns and reaches back into his car, Groubert shouts, "Get outta the car, get outta the car." He begins firing and unloads a third shot as Jones staggers away, backing up with his hands raised, and then a fourth.
From the first shot to the fourth, the video clicks off three seconds.
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