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Top German court rejects ex-Auschwitz guard's prison appeal
Legal Opinions |
2017/12/27 14:07
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Germany's highest court said Friday it has thrown out a bid by a 96-year-old former Auschwitz death camp guard for a reprieve on serving his sentence as an accessory to murder.
Oskar Groening was convicted in July 2015 of being an accessory to the murder of 300,000 Jews and sentenced to four years in prison. A federal court rejected his appeal against the conviction last year.
Groening has remained free during a dispute over his fitness for prison. Prosecutors argued that he is fit to serve time so long as there is appropriate medical care, and regional courts threw out appeals against their decision.
Germany's Federal Constitutional Court said it has now rejected a complaint arguing that Groening's fundamental right to life and physical safety was being violated. In the ruling dated Dec. 21 and released Friday, it said it saw no constitutional reason to question the lower courts' rulings.
The supreme court noted that German law allows for prison sentences to be interrupted if a detainee's health deteriorates significantly.
It wasn't immediately clear when Groening will be formally summoned to start serving his sentence, but he isn't expected to go to prison before the new year. |
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Ohio court to hear big online school's funding case Feb. 13
Legal Opinions |
2017/12/23 14:07
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The Ohio Supreme Court will hear arguments in February over the state's efforts to recoup $60 million from one of the nation's largest online charter schools.
The Electronic Classroom of Tomorrow is challenging how officials tallied student logins to determine that the virtual school was overpaid for the 2015-16 school year.
The state says that ECOT didn't sufficiently document student participation to justify its funding and could owe millions more from 2016-17.
The court has scheduled oral arguments in the case for Feb. 13.
The e-school has said it could be forced to close in early 2018, in the middle of the school year, if the court doesn't intervene. ECOT said such a closure would affect almost 12,000 students and eliminate more than 800 jobs. |
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Connecticut Governor Will Get His 6th Supreme Court Pick
Legal Opinions |
2017/11/04 07:52
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When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.
Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.
Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.
"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."
Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.
Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member. |
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Washington Supreme Court to hear education funding case
Legal Opinions |
2017/10/23 01:29
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The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.
Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.
The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others. |
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