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Lawyer: Incapacitated woman who gave birth not in coma
Legal News Feed | 2019/01/19 23:08
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.

The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.

Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.

A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.

News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.

“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.


Connecticut Supreme Court issues fewer rulings in 2018
Court News | 2019/01/17 23:10
Connecticut officials say state Supreme Court rulings declined sharply in 2018, possibly a result of a major shakeup of the court over the past two years that included the appointments of a new chief justice and four new associate justices.

The Connecticut Law Tribune reports the seven-member high court decided 86 cases in 2018, a 17 percent decrease from the 104 cases decided in 2017.

Paul Hartan is the chief administrative officer for state appeals courts. He says the learning curve of new justices likely contributed to the decline in rulings.

New justices appointed to fill vacancies since March 2017 include Gregory D'Auria, Raheem Mullins, Maria Araujo Kahn and Steven Ecker. Justice Richard Robinson became chief justice last May, succeeded Chase Rogers, who retired.



Congo court poised to rule on presidential vote challenge
Legal Line News | 2019/01/15 23:13
Congo's constitutional court is poised to rule on a challenge to the presidential election, with the government on Friday dismissing an unprecedented request by the African Union continental body to delay releasing the final results because of "serious doubts" about the vote.

Upholding the official results could spark new violence in a country hoping for its first peaceful, democratic transfer of power since independence in 1960. At least 34 people have been killed since provisional results were released on Jan. 10, the United Nations said.

The AU on Monday will send a high-level delegation to Congo to address the crisis in the vast Central African nation rich in the minerals key to smartphones and electric cars around the world. Its neighbors are concerned that unrest could spill across borders.

Congo government spokesman Lambert Mende called the matter one for the country's judicial bodies, and "the independence of our judiciary is no problem."

The declared runner-up in the Dec. 30 election, Martin Fayulu, has requested a recount, alleging fraud. He asserts that Congo's electoral commission published provisional results wildly different from those obtained at polling stations.

Fayulu welcomed the AU's stance and urged Congolese to support it.

Congo faces the extraordinary accusation of an election allegedly rigged in favor of the opposition. Fayulu's supporters have asserted that outgoing President Joseph Kabila made a backroom deal with the declared winner, Felix Tshisekedi, when the ruling party's candidate did poorly.



Kansas abortion foes brace for state Supreme Court decision
Legal News | 2019/01/13 00:51
Abortion opponents in Kansas have been bracing themselves for nearly two years for a ruling from the state's highest court that protects the right to have an abortion and potentially upends politics in a state long at the center of the national debate.

The Kansas Supreme Court is relatively liberal in a state with a Republican-dominated Legislature that has strong anti-abortion majorities.

Court watchers also are asking: Why is it taking so long for the justices to rule? No one outside the court knows for sure and the justices are not saying, as is their long-standing custom. One educated guess is that they still are wrestling with the implications of declaring that the state constitution protects abortion rights.

That was the core legal issue when the court heard attorneys' arguments in March 2017 in a major abortion lawsuit . An abortion-rights decision could allow state courts in Kansas to chart their own course on abortion and invalidate restrictions that the federal courts would uphold.

"What's the test for that?" said Jeffrey Jackson, a Washburn University of Topeka law professor. "There's any number of weird possible decisions that you can get to."

The case arises from abortion opponents' numerous legislative victories during eight years under Republican governors. Democratic Gov.-elect Laura Kelly, a strong abortion rights supporter, takes office Monday, but the Legislature emerged from last year's elections more conservative — and as anti-abortion as ever.

GOP conservatives' power in the Legislature surged following "Summer of Mercy" protests in 1991 against the late Dr. George Tiller's clinic in Wichita, among a few in the U.S. known to do late-term abortions. An anti-abortion zealot shot Tiller to death in 2009.

Legislators debate abortion annually. Kansas recorded its lowest number of abortions in 30 years in 2017, fewer than 6,800 — 46 percent less than the peak of more than 12,400 in 1999.



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