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Court pauses criminal case against Texas' attorney general
Court Issues |
2017/05/18 00:57
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A state appeals court has temporarily halted Texas Attorney General Ken Paxton's criminal case on securities fraud charges as he presses for a new judge.
The ruling Tuesday comes as Paxton is scheduled to stand trial in Houston in September on felony accusations that he misled investors in a tech startup. He has pleaded not guilty.
The Dallas-based 5th Court of Appeals is now putting the case on hold while it considers Paxton's demand for a new judge. The Republican has sought to remove state District Judge George Gallagher after the trial was moved from Paxton's hometown near Dallas.
The court didn't indicate when it will make a final decision. If convicted, Paxton faces five to 99 years in prison.
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High court could soon signal view on Trump immigration plans
Court Issues |
2017/05/15 21:52
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Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.
Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.
The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.
President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.
For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”
Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.
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Appeal in boy's burp arrest case relies on Gorsuch dissent
Court Issues |
2017/05/13 08:51
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One of Neil Gorsuch's sharpest dissents as an appeals court judge came just six months before he was nominated for the Supreme Court.
That's when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps.
Nearly a year later, Gorsuch sits on the nation's higher court and the boy's mother is asking the justices to take up her appeal. She's using Gorsuch's words to argue that she has a right to sue the officer who arrested her son.
The court could act as early as Monday, either to deny the case or take more time to decide.
Justices typically withdraw from cases they heard before joining the Supreme Court, which means Gorsuch probably would not have any role in considering this one. But that hasn't stopped lawyers for the mother from featuring his stinging dissent prominently in legal papers. Gorsuch said arresting a "class clown" for burping was going "a step too far."
"If a seventh-grader starts trading fake burps for laughs in gym class, what's a teacher to do?" Gorsuch wrote. "Order extra laps? Detention? A trip to the principal's office? Maybe. But then again, maybe that's too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen-year-old to the principal's office, an arrest would be a better idea."
Whether the Supreme Court ultimately takes the case or not may have nothing to do with Gorsuch. The justices have repeatedly turned away disputes over school disciplinary policies. Or they may decide it's not important enough for the court to intervene.
The appeal comes as some school districts have been rolling back "zero tolerance" discipline policies that expanded in the 1990s. The shift is aimed at preventing students from getting caught up in the criminal justice system.
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Indian tycoon Vijay Mallya guilty of disobeying top court
Court Issues |
2017/05/08 04:50
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India's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.
Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.
The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.
Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.
He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.
India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him. |
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