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Case about indigent drivers and drivers' licenses in court
Lawyer News Source |
2019/03/09 12:38
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A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.
Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification.
The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor.
The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.
They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment. |
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Japan court OK's Nissan ex-Chairman Ghosn's release on bail
Lawyer News Source |
2019/03/03 12:57
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A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.
He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.
Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.
Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."
He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."
The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.
His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.
Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."
Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.
In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.
The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.
Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News. |
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Republicans pitch keeping Court of Appeals at 15 judges
Lawyer News Source |
2019/02/18 09:26
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North Carolina Republican legislators now want to give up on the law they approved two years ago that reduces the number of Court of Appeals judges from 15 to 12 as retirements and other vacancies arise.
A state Senate judiciary committee Tuesday recommended unanimously a bill that would keep the court's size at 15 after all. Bill sponsors say the measure, if agreed to by the full General Assembly, should end as moot a lawsuit filed by Democratic Gov. Roy Cooper challenging the 2017 law. A key House GOP leader said later that he believed party members in his chamber are inclined to go along with the repeal.
A trial-judge panel actually sided with Republicans last year in upholding the law, but the state Supreme Court scheduled oral arguments in the case for March 4. With registered Democrats a strong majority on the Supreme Court, there's uncertainty about whether they'll be inclined to uphold the law.
"I think we still feel the rationale for the bill was appropriate, but this will end the lawsuit with the governor, and so that's why we're going forward with it," said Sen. Warren Daniel, a Burke County Republican and a chief bill sponsor.
The law is one of several approved by the GOP-controlled legislature since December 2016 — just before Cooper took office — that have eroded Cooper's powers. In this case, it would prevent Cooper from filling three vacancies when they occur, because the seat would be simply eliminated.
No vacancies have occurred on the intermediate-level court since the law took effect, but the first could come next month. Court of Appeals Judge Bob Hunter, a registered Republican, must step down March 31 after meeting the state-mandated judicial retirement age of 72 the day before.
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Congo runner-up Fayulu asks court to order election recount
Lawyer News Source |
2019/01/13 00:32
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Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."
He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.
"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.
Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."
Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.
The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country. |
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WVa AG's help sought in Supreme Court impeachment appeal
Lawyer News Source |
2019/01/05 06:33
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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.
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