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Walker appointee, judge, prof face off in high court primary
Court Watch | 2020/02/15 02:49

Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.

Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.

The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.

Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.


Court ‘deeply troubled’ by woman’s jailing over unpaid fines
Court Line | 2020/02/14 02:50

Federal appeals court judges said they were “deeply troubled” that a Georgia municipal court jailed a woman when she couldn’t pay a fine for driving without insurance.

A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld the dismissal of Ziahonna Teagan’s claims that her civil rights were violated, but said she could pursue a false imprisonment claim against the city of McDonough, news outlets reported.

“We are deeply troubled by what happened to Ms. Teagan in the McDonough municipal court,” the unsigned opinion says. “She, like all other citizens of that city, deserved better.”

After Teagan pleaded not guilty in December 2013, Judge Donald Patten found her guilty during a bench trial in March 2014. He imposed a $745 fine for driving without insurance and a $50 fine for arriving late to court.



Court fight over lost dog survives after dog's owner dies
Legal PR | 2020/02/10 03:07

A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.

The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.

Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.

A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.

Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.

The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration.


Court raises sentence for banker who smuggled a Picasso
Court Watch | 2020/02/07 11:11

A Spanish court has raised the sentence against a former bank president found guilty of trying to smuggle a painting by Pablo Picasso out of the country.

The Madrid court announced the decision Tuesday to raise the sentence against fined ex-Bankinter head Jaime Botin to three years instead of 18 months. The move came after the prosecution detected an error in the original sentence handed down last month.

The court also raised the amount Botin was fined from 52.4 million euros ($57. 9 million) to 91.7 million euros.

The trial last year heard how a team of Spanish police experts flew to the French island of Corsica in 2015 to retrieve the painting, Picasso’s masterpiece “Head of a Young Woman.” The Spanish government had ruled in 2012 that the painting, which is valued at some 24 million euros ($26.5 million), could not be taken out of the country.

The work was owned by Botin, an uncle of Ana Botin, president of the powerful Santander banking group.

Corsican authorities said they had been tipped off about an attempted smuggling of the prized painting from Spain by boat. They said the oil painting, which comes from the Cubist master’s “pink period” and features a woman with long black hair, was seized when the boat’s captain was unable to produce a proper certificate.

On the boat, authorities found a document in Spanish confirming that the work was of “cultural interest” and was banned from leaving Spain, Picasso’s homeland, without permission.





Cross-examination drives key Weinstein accuser to tears
Court Watch | 2020/02/05 11:13

A  key accuser in the New York City rape trial of Harvey Weinstein broke down in tears on the witness stand on Monday during an exhaustive cross-examination over the nature of her relationship with the once-powerful movie mogul.

The drama, which prompted the judge to send the jury home about an hour earlier than usual, came as the defense sought to paint the 34-year-old woman as an opportunistic manipulator who took advantage of Weinstein while pursuing an acting career, even after he allegedly raped her.

The woman said she tried to make Weinstein "my pseudo father" after a rough upbringing. She said she sent him flattering emails and kept seeing him because “I wanted him to believe I wasn't a threat."

“I was afraid of his unpredictable anger," the woman testified.

She became emotional while reading an email passage about being abused earlier in her life. It was part of a lengthy confessional email she sent to her then-boyfriend in May 2014 about her relationship with Weinstein. She was bawling as she left the courtroom, and her cries could be heard from a nearby witness room.

She returned after about a 10-minute break, but continued to weep loudly, resting her head on the witness stand and blotting tears with a tissue. The lead prosecutor tried to console her, but she couldn't continue. Her cross-examination will resume Tuesday.


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