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High court won't hear California's prison appeal
Press Release |
2014/06/10 12:29
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The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.
The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.
The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.
She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.
That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.
The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.
"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.
The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."
That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said.
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Orange County man guilty of wife's murder-for-hire
Press Release |
2014/04/21 13:43
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An Orange County man accused of hiring hit men to murder his wife so he could avoid a costly divorce has been convicted of murder.
A district attorney's statement Friday says 61-year-old Magdi Girgis (MOG'-dee GURR-ghiss) of Westminster has been found guilty in the 2004 killing.
A few days before her death, 55-year-old Ariet (AHR'-ee-et) Girgis had testified in a domestic violence case against her husband, saying her marriage was "miserable." He was convicted on domestic violence charges after her death.
Two suspects allegedly entered the victim's home in Sept. 2004 and murdered her with a sharp object.
Prosecutors say the killer and a middleman involved in the contract slaying remain at large.
A third person, Anthony Edward Bridget, was arrested last year and faces charges including conspiracy and murder. |
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Court rules for environmentalists in water fight
Press Release |
2014/04/17 14:01
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An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
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GM to ask bankruptcy court for lawsuit protection
Press Release |
2014/04/17 14:01
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General Motors revealed in court filings late Tuesday that it will soon ask a federal bankruptcy judge to shield the company from legal claims for conduct that occurred before its 2009 bankruptcy.
The automaker's strategy is in a motion filed in a Corpus Christi, Texas, federal court case, and in other cases across the nation that involve the defective ignition switches that have led GM to recall 2.6 million small cars.
The motion asks U.S. District Judge Nelva Gonzales Ramos to delay action on the lawsuit until the bankruptcy court rules and other federal courts decide if the case should be combined with other lawsuits. But GM says it's not asking to halt action on a motion to force GM to tell customers not to drive their cars that are being recalled.
GM has said at least 13 deaths have been linked to the switch problem. The switch can unexpectedly slip out of the "run" position, shutting down the engine, knocking out power-assisted steering and power brakes, and disabling the air bags. GM admits knowing about the problem for at least a decade, but it didn't start recalling the cars, including Chevrolet Cobalts and Saturn Ions, until February.
The company's motion says GM will ask the bankruptcy court in New York to enforce an order made during the 2009 bankruptcy case that split GM into a new company and an old company. Claims from before the bankruptcy would go to "Old GM," called Motors Liquidation Co., while claims after the bankruptcy would go to the new General Motors Co. |
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Supreme Court to hear class-action dispute
Press Release |
2014/04/08 10:49
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The Supreme Court will consider the requirements for transferring class-action lawsuits from state courts to federal courts.
The justices on Monday agreed to hear an appeal from a Michigan energy company that asserts it should be allowed to move a class-action case from Kansas state court to federal court. Federal law allows such transfers in cases involving more than $5 million.
A group of royalty owners sued the Dart Cherokee Basin Operating Co. alleging they were underpaid royalties on oil and gas wells. The plaintiffs did not seek a specific damage amount, but the company claimed it would far exceed $5 million.
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A federal judge rejected the transfer request because the company did not offer any evidentiary support. The company says the law does not require detailed evidence. |
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Appeals court sides with Alaska on roadless rule
Press Release |
2014/03/28 10:09
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A divided federal appeals court panel on Wednesday sided with the state of Alaska in reversing a decision that reinstated prohibitions on road-building and the harvesting of timber in the nation's largest national forest.
A three-judge panel of the 9th U.S. Circuit Court of Appeals, in a 2-1 decision, found that the U.S. Department of Agriculture had articulated "a number of legitimate grounds" in a 2003 decision to temporarily exempt the Tongass National Forest in southeast Alaska from the Roadless Rule, which contains the prohibitions.
A lower court judge, in 2011, had found the decision to be arbitrary and capricious.
The appeals court panel sent the matter back to the district court to determine whether additional environmental review is required. Ninth Circuit Court Judge M. Margaret McKeown dissented, saying the justification for the overturning the lower court's decision was missing. |
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