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Appeals court delay requested in ex-Virginia governor's case
Legal Line News |
2016/07/26 12:48
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Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.
The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.
McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.
The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.
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Appeals court orders Utah to fund Planned Parenthood branch
Legal Line News |
2016/07/14 08:32
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The Utah governor’s order to block funding to Planned Parenthood probably was a political move designed to punish the group, a federal appeals court wrote in an ruling that ordered the state to keep the money flowing.
The 10th U.S. Circuit Court of Appeals in Denver decided Tuesday there’s a good chance the governor’s order violated the group’s constitutional rights.
Utah’s Republican Gov. Gary Herbert cut off cash last fall for sexually transmitted disease and sex education programs after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.
The head of the Planned Parenthood Association of Utah hailed the ruling as a victory for the clinic’s patients.
“Our doors are open today and they will be tomorrow ? no matter what,” CEO Karrie Galloway said in a statement.
Herbert’s spokesman says the governor believes contract decisions should be made by the state and that he was disappointed in the ruling blocking the defunding order while Planned Parenthood’s lawsuit challenging it goes back to be heard by a lower court.
The state is considering its next legal steps, which could include asking the full 10th Circuit to reconsider the panel’s decision.
Herbert didn’t comment on a finding by two appeals court judges that he likely used the controversy to politically attack the group because it provides abortions. A third judge dissented and questioned whether Planned Parenthood would ultimately prevail.
Lawyers for the Utah branch argued it has never participated in fetal donation programs.
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Court denies hospital's bid to perform brain death test
Legal Line News |
2016/07/11 08:32
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The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.
The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.
The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.
The Lawsons' appeal is due to the state Supreme Court in September.
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Spain court orders Operation Puerto blood bags released
Legal Line News |
2016/06/15 15:10
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A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.
The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.
The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.
The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.
The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."
Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.
The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.
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