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Bryant tells court it should affirm same-sex marriage ruling
Industry News |
2015/07/05 14:07
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Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.
In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.
Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.
Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.
Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.” |
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Huguely files appeal request with U.S. Supreme Court
Industry News |
2015/06/20 15:04
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A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.
Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.
Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.
Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”
“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.
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Appeals court sides with tribes in fight over land decisions
Industry News |
2015/06/05 00:25
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In a victory for Native American tribes, an appeals court ruled Thursday that states cannot use negotiations for a Native American casino to challenge the federal government's decisions to recognize a tribe and set aside land for it.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals said states have to use a separate process to contest those decisions and have a window of six years to file their challenge.
The decision removes the uncertainty many tribes faced about their land status after a smaller 9th Circuit panel reached a different conclusion, said Joe Webster, a partner with the Washington, D.C.-based law firm of Hobbs Straus Dean & Walker who was closely watching the case.
"This is certainly an important decision for tribes," he said.
The ruling came in a fight between California and the Humboldt County-based Big Lagoon Rancheria over the tribe's plan for a Las Vegas-style casino.
The tribe accused the state in a lawsuit of failing to negotiate a casino deal in good faith, and largely won its case in federal district court. A call to the state attorney general's office for comment about Thursday's ruling wasn't immediately returned.
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Court: State can’t order unions, companies to reach binding contracts
Industry News |
2015/05/18 11:26
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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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