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  • Judge Stays Most of Ohio Gay Marriage Ruling

    04/16/2014 10:01:08 AM PDT · by SeekAndFind · 121 replies
    ABC News ^ | 04/16/2014 | AMANDA LEE MYERS
    Ohio officials must immediately recognize the same-sex marriages of four couples who sued over the state's gay marriage ban, a federal judge said Wednesday, while staying the broader effects of his ruling to avoid "premature celebration and confusion" in case it's overturned on appeal. Judge Timothy Black stayed his ruling ordering Ohio to recognize the marriages of gay couples who wed in other states pending appeal in the 6th U.S. Circuit Court of Appeals in Cincinnati. The appeals process likely will take months. Had Black not issued the stay, all married gay couples living in Ohio would have been able...
  • New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car

    05/28/2013 6:19:11 PM PDT · by KOZ. · 125 replies ^ | 5/27/2013 |
    New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car New Jersey appellate court upholds five-year sentence for ex-cop who was driving with his legally owned guns. Readington TownshipMotorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the...
  • Judge: Americans have no right to choose food

    10/06/2011 5:05:22 AM PDT · by tutstar · 126 replies
    WND ^ | 10 6 2011 | Bob Unruh
    A Wisconsin judge has decided – in a fight over families' access to milk from cows they own – that Americans "do not have a fundamental right to consume the milk from their own cow." The ruling comes from Circuit Court Judge Patrick J. Fiedler in a court fight involving a number of families who owned their own cows, but boarded them on a single farm. The judge said that's a "dairy farm" and is subject to the rules and regulations of the state of Wisconsin. "It's always a surprise when a judge says you don't have the fundamental right...
  • Breaking: 4th Circuit Rejects Two Obamacare Challenges on Procedural Grounds

    09/08/2011 9:48:27 AM PDT · by maggief · 31 replies
    Forbes ^ | September 8, 2011 | Avik Roy
    Today, the U.S. Court of Appeals for the Fourth Circuit has rejected two Obamacare constitutional challenges, on the creative premise that the individual mandate is a tax, and that the Anti-Injunction Act requires that a tax already be implemented in order for plaintiffs to have standing to sue on the basis that a tax is unconstitutional.
  • Federal judge blocks Ala. illegal immigration law

    08/29/2011 12:27:09 PM PDT · by Second Amendment First · 352 replies
    AP ^ | August 29, 2011
    A federal judge temporarily blocked enforcement of Alabama's new law cracking down on illegal immigration, ruling Monday that she needed more time to decide whether the law opposed by the Obama administration, church leaders and immigrant-rights groups is constitutional. The brief order by U.S. District Judge Sharon L. Blackburn means the law won't take effect as scheduled on Thursday. The ruling was cheered by opponents who have compared the law to old Jim Crow-era statutes against racial integration. But Blackburn didn't address whether the law is constitutional, and she could still let all or parts of the law take effect...
  • Appeals Court in Ohio Upholds Health Law (Requirement to buy Health Insurance is Constitutional)

    06/29/2011 11:05:59 AM PDT · by Recovering_Democrat · 204 replies
    Wall Street Journal ^ | 6/29/11 | P Landers
    A federal appeals court in Cincinnati on Wednesday upheld the health-care law passed by Congress last year, saying the law's requirement for most Americans to carry insurance or pay a penalty is constitutional. The vote was 2-1 on the three-judge panel on the key question of whether the insurance requirement exceeded Congress's powers under the Commerce Clause of the U.S. Constitution. The majority concluded that it did not.
  • 4th Amendment Dead, SCOTUS dancing on grave

    05/16/2011 11:44:39 AM PDT · by jonascord · 154 replies
    US Supreme Court, Kentucky vs King ^ | May 16, 2011 | SCOTUS
    The Fourth Amendment expressly imposes two requirements:All searches and seizures must be reasonable; and a warrant may notbe issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. Although“ ‘searches and seizures inside a home without a warrant are pre-sumptively unreasonable,’ ” Brigham City v. Stuart, 547 U. S. 398, 403, this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a]warrantless search is objectively reasonable under the Fourth Amendment,”
  • Wisconsin Fight Goes to Court

    03/29/2011 12:58:38 PM PDT · by prairiebreeze · 28 replies
    NRO ^ | March 28, 2011 | Robert Costa
    As the dust settles in Madison, Wisconsin Republicans face a troubling coda: Gov. Scott Walker’s budget-repair bill is being tripped up in the courts. Union heavies smell blood. And the unruly parade of lefty activists and hulking Teamsters that occupied the state capitol for weeks is back for a bruising final round. On paper, at issue is whether senate Republicans violated the state’s open-meeting laws. In mid-March, after a three-week stalemate, GOP lawmakers hustled Walker’s bill to the floor. The senate clerk approved the maneuver. But 14 Democratic state senators, on the lam in Illinois, howled in absentia. So did...
  • Brian Aitken’s Mistake - An outrageous gun prosecution in New Jersey

    03/28/2011 4:46:25 PM PDT · by neverdem · 59 replies
    Reason ^ | March 2011 | Radley Balko
    Sue Aitken called the police because she was worried about her son Brian. She now lives with the guilt of knowing her phone call is the reason Brian wound up sitting in a New Jersey prison. If it weren’t for a commutation of his sentence from the governor’s mansion, he would be stuck there for the next seven years. Aitken was sentenced in August for felony possession of a handgun. Before his arrest, Aitken, the owner of a media consulting business, had no criminal record. By all appearances he made a good-faith effort to comply with the stringent New Jersey...
  • Police state in electronic age?

    01/05/2011 11:23:52 AM PST · by Coleus · 13 replies
    The California Supreme Court ruled on Monday that police can search cell phone text messages of an arrested person without any warrant, and asserted that those arrested have no privacy rights over any personal belongings on them when they are taken into custody.  The 5-2 split verdict of the court settled a challenge to an appeals court judgment related to the arrest and trial of a drug dealer in 2007, but many see the verdict as a fresh encroachment by the government apparatus into the sphere of privacy rights and personal liberty.  Significantly, in a dissenting note, two judges...
  • Sex offender parolees test Jessica's Law housing limits in court

    12/22/2010 3:39:36 PM PST · by SmithL · 10 replies · 1+ views
    Contra Costa Times ^ | 12/22/10 | John Simerman
    Hundreds of paroled sex offenders are winning reprieves from a ban against their living near schools or parks as they flood local courts with constitutional challenges to the most controversial part of Jessica's Law. Judges in Contra Costa and elsewhere have routinely issued stays permitting sex offender parolees to ignore the ban on their living within 2,000 feet of a school or park where children "regularly gather," pending rulings in their cases. The slow pace of those challenges means the stays could last until their parole terms expire and the restrictions no longer affect them. In the East Bay, at...
  • Brian Aitken's Mistake. A NJ man gets seven years for being a responsible gun owner.

    11/16/2010 12:24:09 AM PST · by The Magical Mischief Tour · 74 replies · 1+ views
    Reason Magazine ^ | 11/15/2010 | Radley Balko
    Sue Aitken called the police because she was worried about her son, Brian. She now lives with the guilt of knowing that her phone call is the reason Brian spent his 27th birthday in a New Jersey prison last month. If the state gets its way, he will be there for the next seven years. Aitken was sentenced in August after he was convicted of felony possession of a handgun. Before his arrest, Aitken, an entrepreneur and owner of a media consulting business, had no criminal record, and it appears he made a good-faith effort to comply with New Jersey's...
  • How can New Jersey imprison a gun owner who broke no laws?

    10/19/2010 9:17:19 PM PDT · by Neil E. Wright · 45 replies · 1+ views
    Gun Rights Examiner ^ | October 19, 2010 | David Codrea
    "Hey David," the Facebook message began, "Thought you might be interested in Brian Aitken, in jail in NJ for 7 years for owning legal guns." I get people approaching me all the time wanting me to write about their legal cases. Most of the time, I get very subjectively-recounted narratives with very little to substantiate, and even less on what the defendants may have actually done. Experience has made me naturally wary of jumping on such bandwagons without investigation.Here's what I've found.His supporters have established the "Free Brian Aitken" Facebook page. Mission: To help free Brian Aitken, an innocent gunowner...
  • Judge Will Let DOJ Suit Against Arizona Proceed

    10/12/2010 12:10:52 PM PDT · by roses of sharon · 39 replies
    From the Courthouse News Service, a federal district judge has rejected a motion to dismiss the suit brought by the Obama Justice Department against the state of Arizona: PHOENIX (CN) – A federal judge rejected motions in which Gov. Jan Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu sought dismissal of a lawsuit challenging the constitutionality of Arizona’s new immigration law. The complaint filed by civil rights groups, including Friendly House and the American Civil Liberties Union, contains sufficient allegations that S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that...
  • Supreme Court Justice Breyer Open to Banning Koran Burning

    09/14/2010 6:19:55 AM PDT · by kristinn · 347 replies · 3+ views
    Tuesday, September 14, 2010 | Kristinn
    U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer...
  • Judge Blocks Parts Of Arizona Immigration Law

    07/28/2010 10:29:45 AM PDT · by edpc · 478 replies · 16+ views
    AP via Yahoo News ^ | 28 July 2010 | JACQUES BILLEAUD and AMANDA MYERS
    PHOENIX – A judge has blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown. The law will still take effect Thursday, but without many of the provisions that angered opponents — including sections that required officers to check a person's immigration status while enforcing other laws.
  • Court: Man who shot friend has earned parole

    06/07/2010 6:49:31 PM PDT · by SmithL · 1 replies · 10+ views
    San Francisco Chronicle ^ | 6/7/10 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- A man who shot and wounded a friend in Berkeley in 1991 because he thought the man had stolen his money and a necklace should be released from prison, a federal appeals court has ruled in a rare repudiation of the state parole board. Damon Cooke, a financial consultant with no criminal record before his conviction for attempted murder, has mentored other inmates and has done nothing to support the board's conclusion in 2002 that he would be dangerous if released, said the Ninth U.S. Circuit Court of Appeals in San Francisco.Although state courts have been overturning...
  • Judicial Supremacy and the Constitution: We need to reclaim the Constitution from the Supreme...

    05/03/2010 9:57:38 AM PDT · by neverdem · 63 replies · 1,370+ views
    NATIONAL REVIEW ONLINE ^ | May 3, 2010 | Robert Lowry Clinton
    Judicial Supremacy and the ConstitutionWe need to reclaim the Constitution from the Supreme Court.  Many Americans are puzzled and angry about the judicial assault on religion, morality, and common sense that has been going on for the past few decades. People wonder, for example, how the First Amendment (which guarantees freedom of religion as well as separation of church and state) could possibly require the expulsion of religion from public life, or outlaw prayers at high-school football games and graduation ceremonies. To answer questions like these, one must understand how federal judges got the power to make such controversial political...
  • A Gun Ban By Any Other Name...

    03/31/2010 9:51:55 AM PDT · by neverdem · 34 replies · 1,211+ views ^ | March 30, 2010 | John Lott
    Gun control laws divert money from law enforcement activities that work. The thousands of hours spent by police to register guns are time that police could have put to solving crimes. That diversion of resources is the real threat to public safety. On Friday, a federal District Court judge tried to indirectly reinstate the D.C. handgun ban. Judge Ricardo Urbina, a Clinton appointee, wants to make it so difficult for people living in DC to use a handgun defensively that few will get one. Last September, a Washington Post reporter, Christian Davenport, found out just how difficult it still is...
  • Federal Judge Upholds D.C.'s Post-'Heller' Firearm Restrictions

    03/29/2010 10:21:45 AM PDT · by greatdefender · 23 replies · 1,508+ views
    The National Law Journa ^ | March 29, 2010 | Tony Mauro
    Judge Ricardo Urbina of the U.S. District Court for the District of Columbia ruled Friday that the Washington, D.C., firearm ordinances enacted after the Supreme Court's D.C. v. Heller decision in 2008 "permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home." Urbina dismissed a case brought by Dick Heller, the same plaintiff who challenged the previous D.C. ordinance in the Supreme Court. Heller challenged the District's firearms registration process, its ban on assault weapons and its prohibition of "large capacity ammunition feeding devices," claiming they violated the Second...
  • Dan Walters: California's judges play an ever bigger policy role

    03/19/2010 7:59:44 AM PDT · by SmithL · 4 replies · 216+ views
    Sacramento Bee ^ | 3/19/10 | Dan Walters
    As noted in this space countless times, California's government is broken, endemically incapable of addressing the state's most pressing policy issues. As the crisis has deepened, another factor has made itself increasingly evident – intervention by state and federal courts in what used to be political policy decision-making. The chronically unbalanced state budget is the most obvious example of the system's dysfunction. Any major financial decision discomfits someone. Those who feel aggrieved often go to court, seeking either to overturn or at least delay its implementation. One federal judge seized control of the prison health care system, saying the state...
  • Leftist Judge orders ACORN funding restored

    03/10/2010 11:28:03 PM PST · by Prospero · 60 replies · 3,285+ views
    NewsReel (FrontPageNews) ^ | 3/11/2009 | Matthew Vadum
    Matthew Vadum NewsRealIf you thought you sent representatives and senators to Washington, D.C., to exercise the constitutionally mandated power of the purse — you’re wrong. Silly you. You wasted all that time in civics class learning a whole bunch of outdated claptrap about separation of powers and the lawmaking process for nothing. The spending power belongs to federal judges now, regardless of what that quaint little document called the U.S. Constitution says. That’s what ACORN’s favorite federal judge, Nina Gershon of the Eastern District of New York ruled Wednesday. In December Gershon, a Bill Clinton appointee, helped ACORN out by...
  • Courts play referee role in California budget cutting

    12/28/2009 7:53:29 AM PST · by SmithL · 11 replies · 723+ views
    Sacramento Bee ^ | 12/28/9 | Kevin Yamamura
    During his first year in office, Gov. Arnold Schwarzenegger railed against state lawmakers, calling them "girlie men" and "obstructionists." As he enters his final year, Schwarzenegger is targeting a different branch of government: judges who "are going absolutely crazy." The Republican governor openly complains about the judiciary these days for blocking budget decisions and forcing California to find billions of dollars elsewhere. Recent judgments have contributed to the state's $20.7 billion projected deficit. Courts have ruled that California's attempts to divert transit and redevelopment money are illegal. They have found in some cases that the state cannot furlough workers. They...
  • Lawmakers to probe prison health care staffing

    12/23/2009 9:01:25 PM PST · by SmithL · 2 replies · 246+ views
    Sacramento Bee ^ | 12/23/9 | Charles Piller
    Chairmen of two California legislative committees, responding to a recent Bee investigation, said this week that they would probe prison health care staffing as managed by receiver J. Clark Kelso, who operates under a federal court order. The Bee reported that the prisons last year spent more than $152 million on temporary clinical employees, such as doctors and nurses. Another $170 million went to overtime for clinicians and guards who accompany inmates to appointments. Some nurses work such long hours that they fall asleep on the job, workers and executives said. Assemblyman Hector De La Torre, D-South Gate, who chairs...
  • { 9th Circus } Court accuses state lawyers of lying

    12/21/2009 9:00:32 PM PST · by SmithL · 8 replies · 570+ views
    San Francisco Chronicle ^ | 12/21/9 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- A federal appeals court bluntly accused the Schwarzenegger administration and state Attorney General Jerry Brown's office on Monday of lying about its defense of cuts in Medi-Cal fees. Lawyers in Brown's office committed a "clear violation" of State Bar rules that prohibit attorneys from misleading judges, raising doubts about the credibility of any future statements they make on behalf of state health officials, said the Ninth U.S. Circuit Court of Appeals in San Francisco. The court said health officials, through their lawyers, had lied about why the state waited more than a year to make its current...
  • Oklahoma state reps seek removal of judges 'drunk with power'

    12/09/2009 8:53:51 AM PST · by SoonerStorm09 · 11 replies · 821+ views
    Red Dirt Report ^ | December 9, 2009 | Sasha Bradley
    OKLAHOMA CITY –State Reps Mike Reynolds and Mike Ritze announced today they plan on filing legislation to help facilitate removal of judges who give child rapists and murderers “slap on the hand” sentences. Representative Ritze, R-Broken Arrow said “After Oklahoma made national headlines with the sentence of child rapist David Earls by District Judge Tom Bartheld, you would have thought other Oklahoma judges would have begun to understand that the public will not put up with their bleeding hearts.” “It seems Judge Kellough must live in a different world”, added Reynolds, R-Oklahoma City . “When a jury recommends Life in...
  • Property Rights Are No Slam-Dunk

    12/03/2009 5:44:52 PM PST · by Kaslin · 11 replies · 1,013+ views ^ | December 3, 209 | INVESTORS BUSINESS DAILY staff
    Eminent Domain: Four years after the Supreme Court told a Connecticut homeowner that no one's house is safe from developers, Brooklyn homeowners may lose their homes to a pro basketball team. On June 3, 2005, by a 5-4 margin, the U.S. Supreme Court effectively repealed the 5th Amendment to the U.S. Constitution, deciding that your constitutional right to be secure in your home didn't matter if your state or community decided your property could produce more revenue as a shopping mall or condominium development. Pfizer coveted Susette Kelo's working-class neighborhood for an office park and condominium complex. The city fathers...
  • Give in on same-sex benefits, judge orders feds

    11/19/2009 9:14:39 PM PST · by SmithL · 20 replies · 1,003+ views
    San Francisco Chronicle ^ | 11/19/9 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- The chief federal appeals court judge in San Francisco bluntly ordered the Obama administration Thursday to stop resisting his finding that the wife of a lesbian court employee was entitled to government insurance coverage. The federal agency that oversees benefits for government employees "shall cease at once its interference with the jurisdiction of this tribunal," Judge Alex Kozinski said in response to the Office of Personnel Management's rejection of his earlier ruling in the case. He told the agency to let Karen Golinski, a staff attorney at the court's headquarters in San Francisco, enroll her wife, Amy...
  • Obama Pushing a "Radical's Radical" to the Federal Bench

    11/13/2009 11:12:05 AM PST · by neverdem · 19 replies · 1,753+ views
    Gun Owners of America ^ | November 12, 2009 | NA
    -- Vote could come as early as MondayHe has been called "extreme" by some. But to others, he's beyond extreme... he's a "Radical's Radical."  Whatever he is, he could become President Obama's next choice for the federal judiciary. This radical is Judge David Hamilton, and he's been nominated for a position on the Seventh Circuit Court of Appeals. Hamilton has made many political enemies on the right, seeing that his politics are to the far left of the political spectrum.  Oh yes, judges aren't supposed to be political, but this one has engaged in quite a bit of leftist activism....
  • Pfizer abandons site of infamous Kelo eminent domain taking

    11/09/2009 11:10:07 AM PST · by theruleshavechanged · 162 replies · 7,575+ views
    Washington Examiner ^ | 11-09-09 | Timothy P. Carney
    The private homes New London, Conn., took through eminent domain from Suzette Kelo and others, are torn down now, but Pfizer has just announced that it closing up shop at the research facility that led to the condemnation. Leading drugmakers Pfizer and Wyeth have merged, and as a result, are trimming some jobs. That includes axing the 1,400 jobs at their sparkling new research & development facility in New London, and moving some across the river to Groton. To lure those jobs to New London a decade ago, the local government promised to demolish the older residential neighborhood adjacent to...
  • N.J. Court Says Americans Have No Right To Buy Handguns

    10/29/2009 10:43:45 AM PDT · by neverdem · 85 replies · 5,496+ views ^ | October 28, 2009 | Declan McCullagh
    <p>A New Jersey appeals court has concluded that Americans have no Second Amendment right to buy a handgun.</p> <p>In a case decided last week, the superior court upheld a state law saying that nobody may possess "any handgun" without obtaining law enforcement approval and permission in advance.</p>
  • Governor blames budget woes on judges 'going absolutely crazy'

    10/22/2009 7:45:23 AM PDT · by SmithL · 15 replies · 671+ views
    Sacramento Bee ^ | 10/22/9 | Kevin Yamamura
    After railing against labor unions, waste and fraud in the past, Gov. Arnold Schwarzenegger on Wednesday found a new target to blame for California's budget woes: judges who "are going absolutely crazy." As pieces of the July state budget solution begin to unravel, the Republican governor said judges – especially on the federal level – are preventing California from solving its problems. He complained in particular about judicial actions that have struck down some state worker furloughs, required reductions in the prison population, imposed restrictions on water delivery in the Sacramento-San Joaquin Delta and this week blocked cuts to in-home...
  • Climate lawsuits are coming, AL Gore & Czar Browner warn

    09/23/2009 11:04:23 AM PDT · by opentalk · 30 replies · 1,457+ views
    Politico ^ | September 22, 2009 | Josh Gerstein
    Former Vice President Al Gore and current White House climate change czar Carol Browner are warning companies and lawmakers that the courts will step in to regulate greenhouse gases if Congress fails to act. "All of the discussion has been about the president and the Congress," Gore told journalists at a U.N. press conference Tuesday. "We have a third branch of government: the courts."
  • Schwarzenegger's prisons plan will fall short of judges' order

    09/18/2009 8:59:09 AM PDT · by SmithL · 8 replies · 394+ views
    Sacramento Bee ^ | 9/18/9 | Kevin Yamamura and Denny Walsh
    Gov. Arnold Schwarzenegger will file a court-mandated plan today to ease prison overcrowding that appears to defy demands by a panel of three federal judges, the latest salvo in a long-running feud between state and federal officials over California's corrections system. The federal judges last month ordered the state to reduce its prison population by 40,000 inmates over the next two years in response to lawsuits alleging that overcrowding has led to unconstitutional and inadequate levels of medical and mental health care. Schwarzenegger's Department of Corrections and Rehabilitation intends to file an inmate reduction plan with the court today, but...
  • State prison plan will fall short of judges' order

    09/17/2009 12:40:30 PM PDT · by SmithL · 6 replies · 298+ views
    Ventura County Star ^ | 9/17/9 | Timm Herdt
    SACRAMENTO — Gov. Arnold Schwarzenegger on Friday will submit to a panel of three federal judges a plan that would reduce the inmate population at California’s overcrowded prisons by substantially less than what the court has ordered, a move that a top prison administrator acknowledged will place state officials at risk of being held in contempt. Although the final plan will not be submitted until late Friday, administration officials have briefed other parties involved in the court proceedings on its major elements. They said exact projections of how much the prison population will be reduced have not yet been calculated,...
  • Court Throws Out Indiana Voter ID Law

    09/17/2009 7:47:19 AM PDT · by Abathar · 238 replies · 8,850+ views ^ | September 17, 2009
    INDIANAPOLIS -- The Indiana Court of Appeals has ruled that Indiana's voter identification law is unconstitutional. 6News is looking through the 29-page ruling now and will provide details from it as soon as possible. The decision comes after the U.S. Supreme Court upheld the state's voter ID law in 2008, a week before the presidential primary, in a splintered 6-3 ruling. Backers of the law, which requires a voter to present a photo identification to cast a ballot, said it curbs voter fraud. Those against the law contend that it keeps poor, older and minority voters from casting ballots. The...
  • Insulted in Restroom, Texas Judge Jails Court Attendee, 69, for Contempt

    09/08/2009 11:00:48 AM PDT · by Arec Barrwin · 84 replies · 4,147+ views
    ABA Journal ^ | September 8, 2009 | Martha Neil
    Insulted in Restroom, Texas Judge Jails Court Attendee, 69, for Contempt Posted 1 hour, 15 minutes ago By Martha Neil Angry about a Texas judge's ruling in a custody matter involving his granddaughter, Don Bandelman followed the jurist into a public restroom at the Caldwell County courthouse. Then the 69-year-old called District Judge Jack Robison a fool, reports the American-Statesman. Bandelman says the judge told him to leave, and he did. But then Robison had his bailiffs arrest Bandelman on the courthouse outside the sidewalk and, without any hearing, sentenced him to a 30-day jail term for contempt, the article...
  • CALIFORNIA: State ordered to reduce prison population

    08/04/2009 8:52:11 PM PDT · by SmithL · 21 replies · 1,351+ views
    San Francisco Chronicle ^ | 8/4/9 | Bob Egelko
    San Francisco -- A federal court panel ordered California on Tuesday to reduce the population of its bulging prisons by 40,000 over the next two years to meet constitutional standards for inmate health care, and said it could be done without releasing dangerous prisoners to the streets. "The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California's prisons to the breaking point," the three-judge panel said. Unless the courts intervene, the panel said, inmates will continue to suffer and die needlessly because prisons lack the space and the staff...
  • You're (Probably) a Federal Criminal

    07/31/2009 7:16:39 AM PDT · by marktwain · 43 replies · 2,535+ views
    fox forum ^ | 21 July, 2009 | Brian Walsh
    Federal law now criminalizes activities that the average person would never dream would land him in prison. ---------------------------cut--------------------------- Every year, thousands of upstanding, responsible Americans run afoul of some incomprehensible federal law or regulation and end up serving time in federal prison. What is especially disturbing is that it could happen to anyone at all -- and it has. We should applaud Reps. Bobby Scott (D-Va.) and Louie Gohmert (R-Texas), then, for holding a bipartisan hearing today to examine how federal law can make a criminal out of anyone, for even the most mundane conduct. --------------------------------------cut------------------ This is an inevitable...
  • Appeals court OKs Schwarzenegger contempt hearing

    03/25/2009 10:28:23 AM PDT · by SmithL · 9 replies · 444+ views
    AP vis SFGate ^ | 3/25/9 | DON THOMPSON, Associated Press Writer
    Sacramento, CA (AP) -- A federal appeals court says a judge can proceed with hearings to determine whether Gov. Arnold Schwarzenegger can be held in contempt for refusing to pay for improved inmate health care. The 9th U.S. Circuit Court of Appeals on Wednesday rejected an appeal from the administration that attempted to block U.S. District Judge Thelton Henderson's hearing.
  • Judges tentatively order Calif. inmate release

    02/09/2009 7:54:22 PM PST · by SmithL · 17 replies · 1,054+ views
    AP via SacBee ^ | 2/9/9 | DON THOMPSON - Associated Press Writer
    SACRAMENTO -- A special panel of federal judges tentatively ruled Monday that California will have to release tens of thousands of inmates to relieve overcrowding over the next several years. The judges said no other solution will improve conditions so poor that inmates die regularly of suicides or lack of proper care. The panel said it wants the state to present a plan to trim its prison population in two to three years. "There are simply too many prisoners for the existing capacity," they wrote in a 10-page order. "Evidence offered at trial was overwhelmingly to the effect that overcrowding...
  • Calif. AG challenges $8 billion prison proposal

    01/21/2009 4:34:02 PM PST · by SmithL · 6 replies · 442+ views
    AP via SFGate ^ | 1/21/9 | DON THOMPSON, Associated Press Writer
    Sacramento, CA (AP) -- California's attorney general is asking a federal appeals court to block what he describes as an extravagant spending proposal for prison medical facilities. The Legislature has refused to act on the request for $8 billion made by the court-appointed receiver overseeing reform of California's prison health care system. The receiver is seeking an immediate $250 million as a down payment. . . . - Clark Kelso
  • Why are 3 judges deciding to release inmates?

    12/14/2008 8:46:53 AM PST · by SmithL · 24 replies · 1,017+ views
    San Francisco Chronicle ^ | 12/14/8 | Debra J. Saunders
    A panel of three federal judges is holding a trial to determine whether to free 52,000 of California's 172,000 prison inmates to alleviate overcrowding. You might be asking yourself: Who elected these guys to run California? One of the three, U.S. District Judge Thelton Henderson, already determined in 2005 that California's prison health care system is so bad that it's unconstitutional. He put the system in receivership, and appointed law Professor Clark Kelso to oversee prison health care. Now Kelso is demanding $8 billion to renovate the system - even though the state spends about $14,000 on health care per...
  • Judges eye possible California inmate release plan

    12/04/2008 4:47:27 PM PST · by SmithL · 9 replies · 589+ views
    AP via SFGate ^ | 12/4/8 | DON THOMPSON, Associated Press Writer
    San Francisco, CA (AP) -- Three federal judges are considering whether they can force California to release 52,000 inmates to relieve crowded prisons without creating a public safety nightmare. The special panel seems persuaded by seven days of testimony that overcrowding in California prisons has led to unconstitutionally poor conditions for sick and mentally ill inmates. Now the judges must decide what to do about it. . . .
  • Schwarzenegger appeals order in contempt case

    10/31/2008 3:00:16 PM PDT · by SmithL · 5 replies · 412+ views
    AP via SFGate ^ | 10/31/8 | DON THOMPSON - Associated Press Writer
    The Schwarzenegger administration is appealing a federal judge's order in a growing battle between state sovereignty and inmates' constitutional rights. The administration is asking the 9th U.S. Circuit Court of Appeals to block Monday's order by U.S. District Judge Thelton Henderson. Henderson gave the state until next Wednesday to pay $250 million to design seven new prison medical facilities. The state on Friday also planned to ask Henderson to postpone a mid-November hearing he scheduled to consider finding Gov. Arnold Schwarzenegger and state Controller John Chiang in contempt of court if they don't turn over the money.
  • State defies federal judge, hangs onto money for prison health care

    10/27/2008 4:21:08 PM PDT · by SmithL · 23 replies · 591+ views
    San Francisco Chronicle ^ | 10/27/8 | Bob Egelko
    SAN FRANCISCO -- The lawyer representing California in a lawsuit over prison health care said today that state officials aren't ready to comply with a federal judge's order to turn over $250 million for new hospitals for inmates, despite the possibility of a contempt-of-court order against Gov. Arnold Schwarzenegger. U.S. District Judge Thelton Henderson ordered Schwarzenegger and state Controller John Chiang on Oct. 8 to tell him how soon they would provide the money, the first installment in an $8 billion construction plan that a court-appointed manager drew up to raise the prison health system to constitutional standards. Henderson said...
  • Medical reform in Calif. prisons heads to court

    10/05/2008 2:51:02 PM PDT · by SmithL · 7 replies · 502+ views
    AP via SacBee ^ | 10/5/8 | DON THOMPSON - Associated Press Writer
    SACRAMENTO, Calif. -- With California struggling to pay its bills and facing another deficit, the receiver in charge of the state's inmate medical care will argue Monday for the right to take $8 billion from the state treasury. The federal court hearing in San Francisco is one of two legal challenges weighing heavily on the California corrections department. In the other, a panel of three federal judges must decide whether to cap the state's inmate population to solve overcrowding. Addressing both will be expensive. In addition to the billions for medical beds, the state has approved a $7.4 billion construction...
  • Calif. fights contempt charge in prison case

    09/15/2008 7:36:25 PM PDT · by SmithL · 11 replies · 278+ views
    Sacramento, CA (AP) -- The state attorney general's office is fighting an attempt to hold Gov. Arnold Schwarzenegger in contempt of court for not releasing $8 billion for new inmate medical facilities. The court-appointed receiver who runs the prison medical system has asked a federal judge in San Francisco to force Schwarzenegger and Controller John Chiang to turn over the money. But Attorney General Jerry Brown said in a filing Monday that the federal court does not have the authority to require state prison construction.
  • 30 months in jail for broken gun (BATF gone wild)

    05/29/2008 9:52:39 AM PDT · by frankiep · 71 replies · 942+ views
    WEAPONS OF CHOICE 30 months in jail for broken gun Judge hands down penalty for misfire from 20-year-old rifle A federal judge has ordered a 30-month prison sentence for a man whose rifle misfired, letting loose three shots at a firing range, prompting 2nd Amendment supporters to warn their constituents how easily they, too, can become a "gun felon." "It didn't matter the rifle in question had not been intentionally modified for select fire, or that it did not have an M16 bolt carrier or sear, that it did not show any signs of machining or drilling, or that that...
  • Activist Judges Undermine Government by the People

    05/25/2008 10:57:36 AM PDT · by wagglebee · 13 replies · 93+ views
    Christian Post ^ | 5/23/08 | Ken Connor
    Last week the California Supreme Court struck a body blow to the principle of government of the people, by the people and for the people. The state's high court struck down a ban on same-sex marriage passed by a whopping 61.4 percent of voters in 2000. By a slim 4-3 majority, the court nullified the vote of the citizens of California and substituted its own judgment for that of the people. The court ruled that the ban violated the equal protection clause of the constitution because it discriminated on the basis of sexual orientation. Never mind that, since time immemorial,...