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Court rules man treated for mental illness can have a gun
Blog Updates |
2016/09/16 15:22
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Court rejects challenge to Michigan's emergency manager law
Blog Updates |
2016/09/13 15:21
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An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.
Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.
Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.
The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.
"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.
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Court rejects Cosby's attempt to reseal testimony on affairs
Blog Updates |
2016/08/15 14:43
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A federal appeals court on Monday rejected Bill Cosby's effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women, saying the documents are now a matter of public knowledge.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the comedian's appeal was moot. "The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed," the court wrote in an opinion.
Cosby's attorneys hoped a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the married comic once known as "America's Dad" for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked 1980s TV show, "The Cosby Show," admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request from The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.
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Ex-officer charged in death of black motorist back in court
Blog Updates |
2016/08/12 14:43
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A white former police officer charged in the shooting death of a black motorist is returning to a federal courtroom in South Carolina.
U.S. District Judge David Norton has set a Friday hearing on the civil rights charges brought against former North Charleston officer Michael Slager. It's Slager's first appearance in federal court since his arraignment in May.
The federal charges stem from the shooting death of Walter Scott, 50, in April of 2015. Scott, who was unarmed, was fleeing a traffic stop when he was shot. A bystander's video recording of Scott's shooting reignited the national debate about the treatment blacks face at the hands of white police officers.
Slager faces a murder charge in state court in a trial set to begin in October.
The federal indictment charges that Slager, while acting as a law officer, deprived Scott of his civil rights. A second count says he used a weapon, a Glock Model 21 .45-caliber pistol, while doing so.
The third count, charging obstruction of justice, alleges Slager intentionally misled state investigators about what happened during the encounter with Scott.
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Turkish court issues arrest warrant for Muslim cleric
Blog Updates |
2016/08/03 14:44
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A court in Turkey issued a formal warrant Thursday for the arrest of U.S.-based Muslim cleric Fethullah Gulen, who the government accuses of being behind the failed July 15 coup that left more than 270 people dead.
The state-run Anadolu news agency said an Istanbul-based court issued the warrant for "ordering the July 15 coup attempt."
The government says Gulen, a former ally of President Recep Tayyip Erdogan who lives in self-imposed exile in Pennsylvania, masterminded the failed coup attempt by renegade officers in Turkey's military and wants him extradited to Turkey. Gulen has denied involvement or prior knowledge of the coup attempt.
Ankara has not yet made a formal extradition request, but the arrest warrant could be the prelude. Washington has asked for evidence of the cleric's involvement, and has said the extradition process must be allowed to take its course.
Anadolu said the court issued the warrant over a number of accusations, including an "attempt to eliminate the government of the Turkish Republic or to prevent it from carrying out its duties."
More specifically, Anadolu said the court based the arrest warrant on accusations the coup plotters tried to assassinate Erdogan, kidnapped Chief of Staff Gen. Hulusi Akar and other military officers, bombed parliament and killed police and civilians who resisted.
"It has been understood without a doubt that the attempted coup was an activity of the terror organization and that it was carried out with the orders of its founder, suspect Fethullah Gulen," Anadolu quoted from the court decision.
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Court orders release of detained immigrant kids, not parents
Blog Updates |
2016/07/11 10:37
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A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.
The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.
Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.
Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.
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Court upholds net neutrality rules on equal internet access
Blog Updates |
2016/06/14 11:16
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A federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.
The 2-1 ruling from the U.S. Court of Appeals for the District of Columbia Circuit is a win for the Obama administration, consumer groups and content companies such as Netflix that want to prevent online content from being blocked or channeled into fast and slow lanes.
The rules treat broadband service like a public utility and prevent internet service providers from offering preferential treatment to sites that pay for faster service.
The Federal Communications Commission argued that the rules are crucial for allowing customers to go anywhere on the internet without a provider favoring its own service over that of other competitors. The FCC's move to reclassify broadband came after President Barack Obama publicly urged the commission to protect consumers by regulating internet service as it does other public utilities.
Cable and telecom opponents argue the new rules will prevent them from recovering costs for connecting to broadband hogs like Netflix that generate a huge amount of internet traffic. Providers like Comcast, Verizon and AT&T say the rules threaten innovation and undermine investment in broadband infrastructure.
But Judges David Tatel and Sri Srinivasan denied all challenges to the new rules, including claims that the FCC could not reclassify mobile broadband as a common carrier. That extends the reach of the new rules as more people view content on mobile devices.
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