News -
Legal Marketing News
Bookmark This Site
Idaho Supreme Court won’t weigh legality of child marriage
Legal News Feed | 2022/10/24 10:05
A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court on Tuesday.

In a split decision, the high court declined to decide whether Idaho’s child marriage law — which allows 16- and 17-year-olds to marry if one parent agrees to the union — is unconstitutional. Instead, the justices said that once a child is emancipated by marriage, the family court loses jurisdiction over custody matters.

The case arose from a custody battle between a Boise woman and her ex-husband, who planned to move to Florida and wanted to take their 16-year-old daughter along. The ex-husband was accused of setting up a “sham marriage” between his daughter and another teen as a way to end the custody fight.

It’s not a rare scenario — all but seven states allow minors below the age of 18 to marry, according to Unchained At Last, an organization that opposes child marriage. Nevada, Idaho, Arkansas and Kentucky have the highest rates of child marriage per capita, according to the organization. Although minors are generally considered legally emancipated once they are married, they generally still have limited legal rights and so may be unable to file for divorce or seek a protective order.

Erin Carver and William Hornish divorced in 2012, and only their youngest was still living at home last year when both sides began disputing the custody arrangements.

Carver said she learned Hornish was planning a “sham marriage” for the teen to end the custody battle, and asked the family court magistrate to stop the marriage plans. Several days later, the magistrate judge agreed, but it was too late. The teen had already married.

The high court heard arguments in March, and Carver’s attorney contended that the child marriage law is unconstitutional because it allows one parent to terminate another parent’s rights without due process. Hornish’s attorney, Geoffrey Goss, countered that his client had acted legally and followed state law.

In Tuesday’s ruling, a majority of the Supreme Court justices said that because the marriage had occurred before an initial ruling was made, the family court lost jurisdiction. Once a child is married, they are emancipated and no longer subject to child custody arrangements, the high court said.


Arizona judge nixes suit that wants Trump backers off ballot
Legal News Feed | 2022/04/23 14:10
A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.

The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.

The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.

None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.

Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.


Groups seek to stop gold mine exploratory drilling in Idaho
Legal News Feed | 2022/04/04 15:04
Environmental groups are renewing efforts to stop exploratory drilling by a Canadian mining company hoping to build a gold mine in Idaho west of Yellowstone National Park.

The Idaho Conservation League and Greater Yellowstone Coalition, in documents filed in federal court last month against the U.S. Forest Service, ask that the case involving Excellon Idaho Gold’s Kilgore Gold Exploration Project in the Caribou-Targhee National Forest in Clark County be reopened.

Excellon Idaho Gold is a subsidiary of Toronto, Ontario-based Excellon Resources Inc.

The company says the area contains at least 825,000 ounces (23.4 million grams) of gold near the surface, and potentially more deeper. The company said it is looking at possibly building an open-pit mine if exploration finds that the gold is mostly near the surface, or an underground mine if the gold is deeper.



Ruling: Missed court date in Washington does not imply guilt
Legal News Feed | 2021/05/29 15:32
The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime.

State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported.

The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law.

Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state.

A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year.

Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other.

Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed.

During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?”

Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation


[PREV] [1][2][3][4][5][6][7][8][9].. [51] [NEXT]
All
Legal News
Law Firm News
Court News
U.S. Court News
Legal Line News
Legal News Feed
Law Firm Press
Legal Opinions
Amazon workers strike at multiple faci..
TikTok asks Supreme Court to temporari..
Supreme Court rejects Wisconsin parent..
US inflation ticked up last month as s..
Court seems reluctant to block state b..
Harvey Weinstein hospitalized after ‘..
Romanian court orders a recount of pre..
Judge blocks Louisiana law requiring t..
PA high court orders counties not to c..
Court overturns actor Jussie Smollett'..
Tight US House races in California as ..
North Carolina Attorney General Josh S..
High court won’t review Kari Lake’s ..
What to know about the unprecedented f..
A man who threatened to kill Democrati..


   Law Firm Networks
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Eugene Criminal Defense Attorneys
Eugene DUI Lawyer. Oregon Criminal Defense
www.mjmlawoffice.com
New York Adoption Lawyers
New Jersey Adoption Attorneys
New York Foster Care Lawyers
www.lawrsm.com

Law Firm News Updates
Legal News Updates
Click The Law News
Daily Legal News
Legal News Voice
Recent Legal News
 
 
©Legal Marketing News. All rights reserved.

The content contained on the web site has been prepared by Legal Marketing News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Also this site may contain legal advice, legal opinions, and statements of various legal information providers. The Content contained on the site has been prepared by Legal Marketing News as a service to its readers and is not intended to constitute legal or professional advice, which is always fact specific. Criminal Law Firm Website Design