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Otter appoints new justice to Idaho Supreme Court
Court Watch | 2017/08/25 09:02
Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.

Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.

Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.

Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.


Supreme Court justice blocks ruling on redrawing Texas districts
Law Blogs | 2017/08/24 09:03
U.S. Supreme Court Justice Samuel Alito on Monday temporarily halted enforcement of a lower-court ruling that required two Texas congressional districts to be redrawn.

Responding to an appeal by Texas Attorney General Ken Paxton, Alito halted action on the order and gave those who challenged the districts until Sept. 5 to address the points raised by Paxton’s appeal.

Sept. 5 is the day the three-judge court was to hold a hearing in San Antonio on redrawing the districts, including one based in Travis County and another that includes Bastrop County.

The court ruled two weeks ago that the districts were created by the Republican-controlled Legislature to intentionally discriminate against minority voters, who tend to favor Democrats.


Top NC court weighs lawmakers stripping of governor's powers

North Carolina's highest court on Monday tackled the question of how far the Republican-led legislature can go to minimize new Democratic Gov. Roy Cooper's ability to pursue goals that helped him get elected last year by reshaping state government.

The state Supreme Court heard arguments in a lawsuit brought by Cooper that claims legislators violated North Carolina's constitution this spring by passing a law diminishing the governor's role in managing elections.

It's the first time the high court has waded into the ongoing political battle between lawmakers and Cooper that began after he narrowly beat incumbent Republican Gov. Pat McCrory last November. GOP lawmakers have sought to diminish Cooper's powers ever since.

The governor's lawyers told the seven-member court that the General Assembly violated the constitution's separation of powers requirement by reshaping the state elections board in ways that entrench Republican advantage. Elections boards are examples of the types of bodies that implement laws, functions that the state constitution requires from governors.



Court file: Michigan girl who killed toddler heard voices
Court News | 2017/08/21 23:42
Court documents say an 8-year-old girl accused of killing a toddler at a home daycare in western Michigan earlier this year suffers from "serious mental health" issues, including hearing a demon's voice.

The Department of Health and Human Services filed a petition in Muskegon County Family Court saying the girl, who was also cared for at the home daycare, killed 14-month-old Korey Landon Brown on April 14.

The petition filed last month asks the court to make the girl a temporary ward of the state and to make a decision regarding the girl's placement that protects her brother and other children. The petition says the best placement is Hawthorn Center, a state-run residential psychiatric facility in Northville for children and adolescents.

Chief Assistant Prosecutor Timothy Maat tells MLive the petition was the result of an investigation conducted by multiple agencies.

Korey's mother said that when she went to the daycare to take her children home, she found the boy unresponsive in a playpen and covered with bite marks. His death was ruled a homicide due to multiple injuries, including trauma to his head, other blunt force trauma and possible asphyxiation, according to the petition.



Nevada pot regulators back in court as supplies dwindle
Court News | 2017/08/17 08:38
Nevada's marijuana regulators are headed back to court in a turf battle with liquor wholesalers over exclusive rights to distribute pot products to the state's new recreational retailers.

Nevada's Taxation Department says the protracted legal fight has created a delivery bottleneck that's undermining an otherwise robust marijuana industry and the state revenue that comes with it.

Legal sales started with a bang July 1. But Tax Director Deonne Contine (kahn-TEEN') says the tiny distribution network's inability to keep pace with demand is forcing up prices and sending buyers back to the black market.

She says it's also jeopardizing worker safety at dispensaries forced to stockpile supplies and huge amounts of cash to accommodate erratic deliveries.

A Carson City judge plans to hear her request Thursday to lift the latest injunction blocking licenses for anyone other than alcohol distributors.



DJ says taking Taylor Swift to court was only option
Headline Legal News | 2017/08/16 23:51
The former radio host who lost a groping lawsuit to Taylor Swift in federal court this week said he realizes the case was in the pop star's favor, but he had no interest in backing down.

David Mueller told The Associated Press on Tuesday that someone he knew suggested he pull out of the case early, but he refused.

"I knew that I couldn't go on with my life without representing myself," he said. "I'm never going to back down."

A six-woman, two-man jury determined Monday that Mueller groped Swift during a photo op before a concert in Denver in 2013. In keeping with Swift's request, they awarded her $1 in damages — an amount her attorney, Douglas Baldridge, called "a single symbolic dollar, the value of which is immeasurable to all women in this situation."

Mueller said he is thinking of giving Swift a Sacagawea dollar because the Native American is a prominent female.

"I mean if this is all about women's rights. ... It's a little poke at them, a little bit," he said. "I mean, I think they made this into a publicity stunt, and this is my life."

Swift's team initially tried to keep the accusation quiet by not reporting the incident to police, and instead contacting Mueller's bosses.

But it became public when Mueller sued Swift for up to $3 million, claiming her allegation cost him his $150,000-a-year job at country station KYGO-FM, where he was a morning host.

After Mueller sued, Swift countersued for assault and battery. During an hour of testimony last week, she blasted a low-key characterization by Mueller's attorney, Gabriel McFarland, of what happened. While Mueller testified he never grabbed Swift, she insisted she was groped.





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