Wednesday, February 13, 2019
Ex-West Virginia Supreme Court justice set for sentencing
A former West Virginia Supreme Court justice who had a $32,000 blue suede couch in his office and was at the center of an impeachment scandal is due in federal court for sentencing for using his job for his own benefit.
Allen Loughry is scheduled to be sentenced Wednesday in U.S. District Court in Charleston.
Loughry was found guilty of 11 of the 22 charges at his October trial. Most of the charges involved mail and wire fraud involving his personal use of state cars and fuel cards. The judge last month threw out a witness tampering conviction.
Prosecutors are seeking a sentence above the guideline range of 15 to 21 months along with a fine between $7,500 and $75,000.
In a memorandum Monday, prosecutors said Loughry had an "unbridled arrogance" as a Supreme Court justice. They said Loughry's testimony exposed him as a liar and he has shown no remorse for his conduct.
"Corruption is a cancer that erodes the public's confidence in the government and undermines the rule of law," the memorandum said.
Loughry, who wrote a 2006 book while he was a Supreme Court law clerk about the history of political corruption in the state, was removed as chief justice last February. He was then suspended from the bench in June and resigned in November.
At trial, Loughry denied he benefited personally from trips he took when he became a justice in 2013. He said he used state-owned vehicles made available to the justices for what he said was a variety of reasons, including public outreach.
But Assistant U.S. Attorney Philip Wright said records showed Loughry took a government car to a wedding, four signings for his book, and "loads it up with Christmas presents" to visit relatives. A neighbor testified she saw Loughry pack presents in a car with a state government license plate around the holidays.
Loughry also was convicted of lying to federal investigators by saying he was unaware about the historical significance and value of a $42,000 state-owned desk that he had transferred to his home. He returned the desk and a green leather couch owned by the state after media reports about it.
Friday, February 8, 2019
Russian court sends Jehovah’s Witness to prison for 6 years
A regional court in western Russia on Wednesday sentenced a Danish Jehovah’s Witness to six years in prison, in arguably the most severe crackdown on religious freedom in Russia in recent years.
The court in Oryol found Dennis Christensen guilty of extremism, making him the first Jehovah’s Witness in Russia to be sent to prison.
Christensen was detained during a police raid on a local prayer meeting he was leading in May 2017.
“I do not agree with this judgment, it’s a big mistake,” Christensen told reporters after the sentencing in the city of Oryol. His wife Irina Christensen added: “I’m really sad that such a thing is happening in Russia, very sad. The same thing could happen to any of us.”
The verdict was met with consternation around the world including from the U.S. Embassy, which expressed its concern and urged Russia to respect individual’s religious freedom.
Russia in recent years has used its vaguely worded extremism laws to go after dissenters, opposition activists and most recently religious minorities. Russia officially banned the Jehovah’s Witnesses in 2017 and declared the religious group an extremist organization.
Nearly 100 members of the group face charges in Russia, and more than 20 of them are in jail awaiting trial. Before the ban, the world headquarters of the Jehovah’s Witnesses claimed about 170,000 adherents in Russia.
Former Sen. Barringer to run for North Carolina high court
Candidates for the North Carolina Supreme Court continue to grow with two or three seats on the ballot next year due to Chief Justice Mark Martin's impending resignation.
Former state Sen. Tamara Barringer of Cary told supporters Tuesday she would seek a court spot in 2020. The attorney and university professor served in the legislature for over six years before losing in November.
Barringer says she'll seek an associate justice's seat. It's unclear if one or two will be open. It depends on whether Gov. Roy Cooper elevates someone already on the court when he names a successor to Martin, who leaves Feb. 28.
Court of Appeals Judges Lucy Inman and Phil Berger Jr. have put out their names to run for the state's highest court in the past week.
Thursday, January 24, 2019
Lawyer: Incapacitated woman who gave birth not in coma
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.
Congress to Probe Report that Trump Directed Lawyer to Lie
The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.
House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”
The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.
The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.
Sunday, January 6, 2019
High court to take new look at partisan electoral districts
Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March.
The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking.
The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain.
Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue.
The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district.
In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.
Court orders mediation in Maryland desegregation case
A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges.
The black colleges say the state has underfunded them while developing programs at traditionally white schools that directly compete with them and drain prospective students away.
In 2013, a judge found that the state had maintained an unconstitutional “dual and segregated education system.” The judge said the state allowed traditionally white schools to replicate programs at historically black institutions, thereby undermining the success of the black schools.
Despite three previous tries at mediation, the two sides have been unable to agree on a solution.
On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ordered Maryland’s higher education commission and the coalition to begin mediation again to try to settle the 12-year-old lawsuit.
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