Tuesday, August 15, 2017

Australian court debates release of Queen's secret letters

A legal battle over secret letters revealing what Queen Elizabeth II knew of her Australian representative's stunning plan to dismiss Australia's government in 1975 opened in federal court Monday, in a case that could finally solve a mystery behind the country's most dramatic political crisis. Historian Jenny Hocking is asking the Federal Court to force the National Archives of Australia to release the letters between the British monarch, who is also Australia's constitutional head of state, and her former Australian representative, Governor-General Sir John Kerr. The Archives have classified the letters as "personal," meaning they might never be made public. The letters would reveal what, if anything, the queen knew about Kerr's plan to dismiss Prime Minister Gough Whitlam's government in 1975 to resolve a deadlock in Parliament. It is the only time in Australian history that a democratically elected federal government was dismissed on the British monarch's authority. The dismissal stunned Australians and bolstered calls for the country to sever its colonial ties to Britain and become a republic. Whitlam's own son, lawyer Antony Whitlam, is arguing the case on behalf of Hocking, and took on the case free of charge. Hocking, a Whitlam biographer, argues that Australians have a right to know the details of their history, and that the letters written in the months leading up to the unprecedented dismissal are key to unraveling the truth.

Friday, June 16, 2017

Groups sue seeking court oversight of Chicago police reforms

Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight. The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge. "Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago." While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree. Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations." Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time." A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.

Court filing: Marsh seeks OK to sell 26 grocery stores

A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million. The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million. Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood. Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.

Tuesday, July 19, 2016

Candidate filing begins Monday for appeals court seat

Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.

Court orders release of detained immigrant kids, not parents

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.

Court denies hospital's bid to perform brain death test

The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.

The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.

Kyrgyzstan sends case of jailed journalist back to court

The Supreme Court in the Central Asian nation of Kyrgyzstan on Tuesday refused to release an ethnic Uzbek journalist and activist serving a life sentence after being convicted of stirring up ethnic hatred, but instead sent his case to a regional court for review. International rights groups consider Azimzhan Askarov a prisoner of conscience.

The U.N. Human Rights Committee in April urged Kyrgyzstan to release Askarov, recognizing that he had been arbitrarily detained, tortured and denied his right to a fair trial. This opened the way for a reconsideration of his case, and Kyrgyzstan's Supreme Court began hearings on Monday.

The charges against Askarov relate to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced. He is accused of inciting the mob killing of a police officer.

Amnesty International sharply criticized the court's decision on Tuesday to keep 65-year-old Askarov in prison while a lower court reviews his case.

"It's a missed opportunity for Kyrgyzstan to do the right thing by finally releasing a man who should never have been jailed in the first place. Today's decision by the Supreme Court ignores Kyrgyzstan's obligations under international human rights law," Amnesty International senior research director Anna Neistat said in a statement.