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Court ‘deeply troubled’ by woman’s jailing over unpaid fines
Court Line |
2020/02/14 02:50
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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.
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Supreme Court allows enforcement of new green card rule
Court Line |
2020/01/27 03:06
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A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.
Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.
The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.
Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.
The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.
The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges. |
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US courts rule for border walls both public and private
Court Line |
2020/01/09 02:10
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Crews could start building a private border wall in South Texas within the coming days following a federal judge’s ruling Thursday that lifted a restraining order against the project.
U.S. District Judge Randy Crane’s order was the second federal ruling in two days in favor of border barriers. On Wednesday, the 5th U.S. Circuit Court of Appeals lifted a lower court’s stay that had prevented President Donald Trump’s administration from diverting $3.6 billion from military construction projects to fund 175 miles (280 kilometers) of border wall.
While the White House on Thursday celebrated the appeals court’s ruling, saying it rightfully lifted an “illegitimate nationwide injunction,” Crane’s ruling actually went against the U.S. government’s position.
Fisher Industries, a North Dakota-based construction firm, wants to install 3 miles (4.8 kilometers) of steel posts about 35 feet (10 meters) from the U.S. bank of the Rio Grande, the river that forms the U.S.-Mexico border in Texas. The company’s president, Tommy Fisher, wants to spend $40 million on the private border wall ? originally promoted by a pro-Trump online fundraising group ? to prove that his company can build barriers more effectively. |
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Supreme Court won't disturb ruling against anti-homeless law
Court Line |
2019/12/17 01:15
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The U.S. Supreme Court on Monday left a lower court ruling in place that struck down a law making it a crime to sleep in public places when homeless shelter space is unavailable.
A federal appeals court had ruled that the anti-camping ordinance in Boise, Idaho, was cruel and unusual punishment, violating the Constitution's Eighth Amendment. "A state may not criminalize conduct that is an unavoidable consequence of being homeless," the appeals court said.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
Lawyers for the city argued that Boise wanted to enforce the ordinance "in the parks, foothills, and other public areas not just to keep them safe and sanitary but also to allow users to utilize the public spaces as they were intended to be used." Supporters of the law said people sleeping on the streets are unsafe and make residents feel less safe. |
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Kansas Supreme Court getting new member, new chief justice
Court Line |
2019/12/12 05:33
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The Kansas Supreme Court will have a new member and a new chief justice next week.
Democratic Gov. Laura Kelly plans to have a Monday morning news conference to name a replacement for former Justice Lee Johnson, who retired in September.
And Justice Marla Luckert is set to become the state court system's top official Tuesday when current Chief Justice Lawton Nuss retires.
Kelly's appointment Monday will be her first to the seven-member court, and she'll fill a second spot by mid-March because of Nuss' retirement.
The finalists for Kelly's first appointment are Shawnee County District Judge Evelyn Wilson, state Assistant Solicitor General Steven Obermeier and Deputy Kansas Attorney General Dennis Depew.
Johnson left the court after 12 1/2 years. Nuss is stepping down after serving on the court since 2002 and as chief justice since 2010.
Luckert is Nuss' replacement as chief justice because she's the next justice on the seven-member court with the most seniority.
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