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Court upholds sentence for son of Schwarzenegger ally
Areas of Focus |
2015/06/03 19:05
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A California appeals court on Tuesday upheld former Gov. Arnold Schwarzenegger's decision to dramatically reduce the manslaughter sentence of a political ally's son, saying his conduct may be considered wrong but it didn't violate any laws.
On his last day in office in 2011, Schwarzenegger commuted the sentence of Esteban Nunez to seven years from 16 years in the stabbing death of college student Luis Santos in San Diego. Esteban Nunez's father is Fabian Nunez, speaker of the state Assembly while Schwarzenegger was governor.
Frederico and Kathy Santos, the victim's parents, and San Diego County District Bonnie Dumanis sued to overturn the shortened sentence, arguing that the governor violated a voter-approved constitutional amendment that requires victims to be notified before a decision. But the 3rd District Court of Appeal in Sacramento agreed with a trial judge that the amendment approved in 2008 and known as Marsy's Law does not apply to commuted sentences.
"We are compelled to conclude that, while Schwarzenegger's conduct could be seen as deserving of censure and grossly unjust, it was not illegal," Associate Justice Harry E. Hull Jr. wrote.
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German court cancels session in Auschwitz guard trial
Court Watch |
2015/06/02 19:05
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A German court has canceled another session in the trial of a 93-year-old former Auschwitz guard due to his poor health.
The Lueneburg state court said Wednesday's session in the trial of former SS sergeant Oskar Groening was called off, the fourth to be scrapped, and proceedings should resume June 9. The court already has limited sessions in Groening's trial, which opened in April, to three hours.
Groening is charged with 300,000 counts of accessory to murder on allegations he helped the death camp function by sorting cash and valuables seized from Jews.
On Tuesday, the court heard testimony from Angela Orosz-Richt, who was born at Auschwitz. She said she survived "because I have a mission to speak for those who can't speak," the news agency dpa reported. |
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High court: Bankrupt homeowners can't void second mortgage
Legal Business |
2015/06/01 19:06
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A unanimous Supreme Court says homeowners who declare bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
The justices on Monday ruled in favor of Bank of America in two Florida cases where bankrupt homeowners wanted to "strip off" a second loan because they were underwater on the primary mortgage.
Lower courts allowed both homeowners to nullify the second loans and the Atlanta-based 11th U.S. Circuit Court of Appeals affirmed both cases.
But Bank of America said the rulings conflicted with Supreme Court precedent. The company argued that the second loan might be repaid eventually if the property's value rises.
The homeowners argued that the second loans were basically worthless. |
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High court throws out conviction for Facebook threats
Headline Legal News |
2015/06/01 19:05
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The Supreme Court has thrown out the conviction of a Pennsylvania man accused of making threats on Facebook.
The justices ruled Monday that it was not enough for prosecutors to show that the comments of Anthony Elonis would make a reasonable person feel threatened.
Elonis was prosecuted for making illegal threats after he posted Facebook rants in the form of rap lyrics about killing his estranged wife, harming law enforcement officials and shooting up a school.
Elonis claimed the government had no right to prosecute him if he didn't actually intend his comments to be threatening to others. But the Obama administration said that the test is whether the comments would strike fear in a reasonable person. |
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Court: State can’t order unions, companies to reach binding contracts
Headline Legal News |
2015/05/18 07:19
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A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.
Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.
However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.
The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.
At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms. |
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Attorney: Court orders release of anti-nuclear activists
Court Watch |
2015/05/16 07:19
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A federal appeals court has ordered the immediate release of an 85-year-old nun and two fellow Catholic peace activists who vandalized a uranium storage bunker, their attorney said Friday.
The order came after the 6th U.S. Circuit Court of Appeals in Cincinnati last week overturned the 2013 sabotage convictions of Sister Megan Rice, 66-year-old Michael Walli and 59-year-old Greg Boertje-Obed and ordered resentencing on their remaining conviction for injuring government property. The activists have spent two years in prison, and the court said they likely already have served more time than they will receive for the lesser charge.
On Thursday, their attorneys petitioned the court for an emergency release, saying that resentencing would take weeks if normal court procedures were followed. Prosecutors on Friday afternoon responded that they would not oppose the release, if certain conditions were met.
After the close of business on Friday, attorney Bill Quigley said the court had ordered the activists' immediate release. He said he was working to get them out of prison and was hopeful they could be released overnight or on the weekend.
"We would expect the Bureau of Prisons to follow the order of the court and release them as soon as possible," he said.
Rice, Walli and Boertje-Obed are part of a loose network of activists opposed to the spread of nuclear weapons. To further their cause, in July 2012, they cut through several fences to reach the most secure area of the Y-12 complex. Before they were arrested, they spent two hours outside a bunker that stores much of the nation's bomb-grade uranium, hanging banners, praying and spray-painting slogans.
In the aftermath of the breach, federal officials implemented sweeping security changes, including a new defense security chief to oversee all of the National Nuclear Security Administration's sites.
Rice was originally sentenced to nearly three years and Walli and Boertje-Obed were each sentenced to just over five years. In overturning the sabotage conviction, the Appeals Court ruled that the trio's actions did not injure national security. |
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Pandora loses to BMI in court hearing, vows to appeal
Court Watch |
2015/05/15 07:20
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royalty rates, but the Internet streaming leader said it will appeal.
Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.
Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.
If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.
BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents. |
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