Friday, November 17, 2017
Brazilian court revives case against Olympian Ryan Lochte
Over the summer, it appeared Ryan Lochte had been cleared of criminal
charges in Brazil after he was accused of fabricating a story about getting
robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a
decision made by an appeals court that originally ruled the case should be
dismissed was reversed, according to USA Today, which cited Brazilian
newspaper O Globo. The ruling came after Rio's prosecutor's office filed
its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's
attorney Jeff Ostrow told USA Today. "I think they should just let it die
because they lost and because he didn't do anything wrong. But for whatever
reason, they want to try to save face and continue this charade, let them
do what they gotta do and we'll continue to fight it because we believe
we're right."
Ostrow said he will now attempt to halt further proceedings by filing his
own legal motion. If the case continues, Lochte could once again be facing
a sentence of one to six months in jail should he be convicted of a
misdemeanor offense of fabrication, although he would be unlikely to serve
it. The reason, according to CNBC, is that Lochte would need to be
extradited to Brazil, which would require U.S. cooperation. Under agreed
upon terms with Brazil, extradition only applies in the case of more
serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation
between him and three other U.S. swimmers and security at a gas station.
After the incident, Lochte embarked on a media tour telling the world he
was robbed at gunpoint by criminals posing as Rio police. With Rio
authorities trying to downplay the city's crime rate, however, Lochte's
allegations sparked an investigation. Eventually security camera footage
revealed Lochte's story was untrue.
Tuesday, August 15, 2017
Supreme Court to allow electronic filing in November
The Supreme Court will begin using an electronic filing system for documents starting in November, a move other federal courts began decades ago.
The court said in a statement Thursday that the new system will begin operation Nov. 13. The court says that initially attorneys will be asked to submit both electronic and paper documents. The court says that once the system is in place virtually all new filings will be publicly available for free.
The system has been in the works for some time. Chief Justice John Roberts said in a 2014 report that the court was developing the system, saying it "may be operational as soon as 2016."
Electronic filing is coming on the heels of the debut of a new Supreme Court website in late July.
Thursday, June 15, 2017
Trump visiting Supreme Court as justices weigh travel ban
President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.
Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.
A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders.
The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday.
The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule.
He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.
Idaho Supreme Court to hear veto challenge arguments
Proponents of a lawsuit challenging Gov. C.L. "Butch" Otter's veto of a contentious grocery tax repeal bill will present arguments in front of the Idaho Supreme Court on Thursday.
State GOP Reps. Ron Nate and Bryan Zollinger, both from eastern Idaho, spearheaded a lawsuit in April arguing that the Idaho Constitution says a governor has 10 days to veto a bill immediately after the Legislature adjourns.In 1978, the Idaho Supreme Court ruled a governor has 10 days to veto or approve a bill starting when it lands on his desk.
However, 30 lawmakers have signed on with Nate and Zollinger urging the court to overturn its previous decision — a request rarely granted by courts due to a preference to follow prior judicial precedent. The lawsuit has attracted the support of House Assistant Majority Leader Brent Crane and House Majority Caucus Chairman John Vander Woude and House Judiciary, Rules and Administration Committee Chairman Lynn Luker in the lawsuit.
Also named in the petition is GOP Rep. Heather Scott of Blanchard, who helped lead an organized movement to disrupt progress inside the Statehouse this year to protest legislative leadership. Other legislators include Sen. Cliff Bayer of Meridian, who was the original sponsor of the grocery tax repeal bill this year.
Idaho's top lawmakers are countering that the lawsuit is unnecessary because the court has already ruled that the deadline kicks in when the governor receives the bill. Secretary of State Lawerence Denney has also warned that if the court overturned the nearly 40-year-old ruling, it is unknown how many other post-legislative adjournment vetoes would be affected.
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