|
|
|
Court rejects Florida prison privatization appeal
Court News |
2012/07/25 15:04
|
An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets. |
|
|
|
|
|
|
Court hears ex-officers' appeals in Katrina case
Court News |
2012/07/11 15:40
|
Two former New Orleans police officers have asked a federal appealscourt to throw out their convictions on charges stemming from thefatal shooting of a man whose burned body turned up in HurricaneKatrina's aftermath.A three-judge panel from the 5th U.S. Circuit Court of Appeals also onWednesday heard the Justice Department's appeal of a judge's decisionto order a new trial for a third officer, Travis McCabe.McCabe was convicted of writing a false report on Henry Glover's 2005 shooting.The panel didn't indicate when it would rule.David Warren, who was convicted of shooting Glover withoutjustification, argues he shouldn't have been tried alongside otherofficers charged in the case, including Gregory McRae, who wasconvicted of burning Glover's body in a car. |
|
|
|
|
|
|
Ohio court to hear appeal of teacher in Bible case
Court News |
2012/07/05 14:58
|
The Ohio Supreme Court on Thursday agreed to hear the appeal of a fired public school science teacher who kept a Bible on his desk and was accused of preaching religious beliefs in class.
The Mount Vernon School Board dismissed John Freshwater last year after investigators reported that he preached Christian beliefs in class when discussing topics such as evolution and homosexuality, and was insubordinate in failing to remove the Bible from his classroom.
The Supreme Court's 4-3 decision Thursday to hear Freshwater's appeal of his firing sets the stage for written and oral arguments before the court later this year.
The court said Freshwater can argue that it is unconstitutional to fire someone without clear guidance on what teaching materials or methods are acceptable. Freshwater also can argue that it is unconstitutional to fire someone over the mere presence of a religious text like the Bible in the classroom.
|
|
|
|
|
|
|
Assembly OKs adding bank settlement into Calif law
Court News |
2012/07/03 14:58
|
California would become the first state to write into law much of the national mortgage settlement negotiated this year with the nation's top five banks, and expand it to all lenders, under wide-ranging legislation state lawmakers approved Monday.
Majority Democrats sent the homeowner protection package to Gov. Jerry Brown despite opposition from business and lending organizations and most Republican legislators.
The Assembly approved the legislation on a 53-25 vote, and the Senate followed by voting 25-13.
The legislation would require large lenders to provide a single point of contact for homeowners who want to discuss loan modifications. It would prohibit lenders from foreclosing while the lenders consider homeowners' request for alternatives to foreclosure. And it would let California homeowners sue lenders to stop foreclosures or seek monetary damages if the lender violates state law.
|
|
|
|
|
|
Legal Marketing News RSS
