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WVa AG's help sought in Supreme Court impeachment appeal
Legal Line News | 2019/01/03 16:34
Three months after a ruling halted the impeachment process involving most of West Virginia's Supreme Court justices, the state Senate president is seeking a second opinion.

Senate President Mitch Carmichael said Friday at the annual Legislative Lookahead forum he's asked state Attorney General Patrick Morrisey to look into handling a possible appeal to the U.S. Supreme Court.

Carmichael, a Republican, is still steamed at a panel of state Supreme Court stand-ins that ruled impeachment efforts of the justices were a violation of the separation of powers doctrine. The process was officially derailed when the presiding judge didn't show up to Justice Margaret Workman's trial in the state Senate in light of the court's ruling blocking it.

"We believe it is totally, completely wrong," Carmichael said. The acting justices ruled the Senate lacked jurisdiction to pursue Workman's trial and later applied the decision to trials involving justices Robin Davis and Allen Loughry, who had petitioned the court to intervene.

Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court.



Court extends detention for Nissan ex-chair Ghosn by 10 days
Law Firm News | 2019/01/01 00:56
Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once revered auto industry figure faces allegations that have marked a stunning downfall.

Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1.

The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension.

Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015.

Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust.

It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk.

In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence.

Another Nissan executive, Greg Kelly, was arrested on suspicion of collaborating with Ghosn on the under-reporting of income and was freed Dec. 25 on 70 million yen ($635,600) bail after more than a month of detention.


Low-key days at Supreme Court may be ending soon
Legal Line News | 2018/12/31 01:12
The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals.

The justices have been unusually solicitous of each other in the courtroom since Kavanaugh's confirmation, and several have voiced concern that the public perceives the court as merely a political institution. Chief Justice John Roberts seems determined to lead the one Washington institution that stays above the political fray. Even Roberts' rebuke of President Donald Trump, after the president criticized a federal judge, was in defense of an independent, apolitical judiciary.

The next few weeks will test whether the calm can last. When they gather in private on Jan. 4 to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.

Abortion restrictions, workplace discrimination against LGBT people and partisan gerrymandering are on the agenda. Close behind are appeals from the Trump administration seeking to have the court allow it to end an Obama-era program that shields young immigrants from deportation and to put in place restrictive rules for transgender troops.


Gun law, hurricanes added to Florida courts' workload
Legal Line News | 2018/12/28 01:12
Florida's new gun law is keeping courts busy, and the state Supreme Court also says lawsuits over hurricane disputes could be on the rise.

The Florida Supreme Court said Friday 100 petitions a month have been filed statewide to try to keep guns out of the hands of people at risk to themselves and others. The Legislature passed new gun restrictions in March following a school shooting in Parkland that left 17 dead.

The court also said to watch out for a rise in claims related to Hurricanes Irma and Michael, particularly involving indebtedness and contracts. Irma affected nearly the entire state in 2017, and Michael devastated communities from Mexico Beach to the Georgia border in October.

The court said four additional circuit court judges are needed next fiscal year, including one in the circuit that covers counties hit by Michael.



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