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Appeals court delay requested in ex-Virginia governor's case
Court Line News | 2016/07/22 10:30
Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.

The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.

McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.

The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.



Family files lawsuit against hospital and city in death
Court Line News | 2016/07/22 10:30
An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill.

Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his client is incompetent to stand trial.

Titusville, Florida, police say Owens entered Parrish Medical Center early Sunday and fatally shot 88-year-old patient Cynthia Zingsheim and employee Carrie Rouzer, who was sitting in Zingsheim's room. Owens has been charged with two counts of murder and is being held at the county jail.

Gutin says Owen's family had been trying desperately in recent weeks to get him long-term mental health care.

Gutin says he has no idea how Owens was able to get a gun.



Candidate filing begins Monday for appeals court seat
Court Line News | 2016/07/11 13:33
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.



Obama rebukes Poland over paralysis of constitutional court
Court Line News | 2016/07/06 13:34
U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.

Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.

"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."

Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.

Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.



Court rules against White House science office in email case
Court Line News | 2016/07/02 13:35
A federal appeals court ruled Tuesday that work-related emails from a private account used by the White House's top science adviser are subject to disclosure under federal open records laws.

The ruling from the three-judge panel is a win for government watchdog groups and media organizations concerned that public officials may be skirting public disclosure requirements by relying on private email.

The court sided with a conservative think tank that had filed a lawsuit seeking emails from John Holdren, director of the White House Office of Science and Technology Policy. The decision overturns a lower court judge that said Holdren's office did not have to comply with the Freedom of Information Act request from the Competitive Enterprise Institute.


High court rejects Google's appeal in class action lawsuit
Court Line News | 2016/06/06 23:58
The Supreme Court won't hear an appeal from Google over a class action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
 
The justices on Monday let stand a lower court ruling that said the lawsuit representing hundreds of thousands of advertisers using Google's AdWords program could go forward.

Google argued that a federal appeals court in San Francisco should not have approved the class action because damages must be calculated individually for each company advertiser. The appeals court rejected that argument and approved use of a formula that would calculate harm based on the average advertiser's experience.

Google runs what is by far the world's largest digital ad network. It generated $67 billion in revenue last year.



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