thejournal.io | browse concepts or read more news
U.S. appeals court to hear challenge to proof-of-citizenship voting requirement
WASHINGTON — Civil rights groups were set to ask a federal appeals court panel in Washington on Thursday to block Kansas, Alabama and Georgia from enforcing proof-of-citizenship requirements for people using a federal form to register to vote.
-1 points by Pittsburgh Post-Gazette | United States President of the United States Elections Election Appellate court Voter turnout Appeal Trial court
‘Hollywood on the Hudson’ gets green light from appeals court
The controversial “Hollywood on the Hudson” park project is back on track thanks to a court ruling Thursday. A Manhattan appeals court green-lighted the $130 million project — which has been a ping-pong ball in the state legal system — by tossing out a challenge by a group of activists. The activists from the City...
5 points by New York Post | United States Appeal New York City Lawsuit Appellate court Trial court New Jersey Law
Simply stated, Supreme Court nominee Neil Gorsuch is steadfast and surprising
It was a horrific case. A female student had been gang-raped by football players being recruited by the University of Colorado. Now, her lawyers were trying to hold the university partly responsible, arguing it had created a hostile environment for women. A lower court had already rejected their...
280 points by Chicago Tribune | Appellate court Supreme Court of the United States Supreme court Conservatism Appeal Trial court District court Judge
Talk it out: Donald Trump's travel ban still on hold
What do you think about the court ruling halting President Donald Trump's travel ban? Let's talk it out. A federal appeals court late Thursday refused to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim countries, the Associated Press reported. The AP report said: "The three judges of the San Francisco-based 9th U.S. Circuit Court of Appeals said the argument that the ban targets Muslims raised 'serious allegations' and presented 'significant constitutional questions,' and they agreed that courts could consider statements by Trump and his advisers about wishing to enact such a ban. "Moments after the ruling, Trump tweeted, 'SEE YOU IN COURT,' adding that 'THE SECURITY OF OUR NATION IS AT STAKE!'" This fight won't be over for a while. A lower court still must rule on the merits of the challenge, which was brought by the states of Washington and Minnesota. The case could end up in the U.S. Supreme Court. What do you think? Did the courts overstep their authority in stopping the President's executive order? Did Trump go too far and violate the Constitution? Join us from 11 a.m. to 1 p.m. today for a constructive conversation about the ruling on the travel ban. Comments will be reviewed by a moderator before they are published. In a pre-curated conversation, comments are published after they are reviewed -- promptly -- to ensure they adhere to our community rules, which prohibit indecent, hateful, abusive or harassing comments, personal attacks, vulgar nicknames, personal information, email addresses belonging to others, anything inciting criminal behavior and copyrighted material for which you do not own the rights. Comments that are not on the topic of this discussion will not be published. Criticism is fine, but make it respectful. We seek a robust discussion, and civil discourse requires courtesy.
485 points by The Plain Dealer | President of the United States Supreme Court of the United States United States Appeal United States Constitution Supreme court Trial court Court
Trump's travel ban court hearing: Five takeaways
National security, freedom of religion, discrimination — and a potential compromise — dominated Tuesday's hearing.       
18635 points by USA Today | President of the United States Supreme Court of the United States Judge Appeal United States Trial court George W. Bush Federal government of the United States
Court will decide fate of Trump’s travel ban later this week

27 points by New York Post | Appellate court Appeal United States Court Tribunal Supreme court Trial court Law
Drug ring suspect who fled during trial gets his conviction tossed
An appeals court tossed Earnest Proge's conviction in a major drug case, saying he was wrongly denied a new lawyer at trial.        
-2 points by Detroit Free Press | Jury Appeal Lawyer Court Prosecutor Trial court Mercedes-Benz Supreme Court of the United States
Detroit-area drug dealer who fled during trial gets conviction tossed
An appeals court tossed a man's conviction in a major drug case, saying he was wrongly denied a new lawyer at trial.        
204 points by Detroit Free Press | Jury Appeal Court Lawyer Mercedes-Benz Trial court Sixth Amendment to the United States Constitution Trial
Court dismisses appeal filed by State Sen. Michael Skindell in Lakewood Hospital closure lawsuit
The Ohio 8th District Court of Appeals has dismissed an appeal filed by State Sen. Michael Skindell that claimed Lakewood officials violated Ohio's Open Meeting Act when they considered an ordinance that closed Lakewood Hospital last year. State Sen. Michael SkindellFile photo  LAKEWOOD, Ohio - The Ohio 8th District Court of Appeals has dismissed an appeal filed by State Sen. Michael Skindell that claimed Lakewood officials violated Ohio's Open Meeting Act when they considered an ordinance that closed Lakewood Hospital last year. The Feb. 2 appeals court decision leaves in place a lower court's decision dismissing the lawsuit filed against city officials in Skindell v. Mary Louise Madigan, et al. At the time, Madigan was the City Council president. Cuyahoga County Common Pleas Judge Stuart A. Friedman in December 2015 ruled against Skindell's claims of the city holding improper closed-door meetings and cleared the way for Lakewood City Council to close Lakewood Hospital in 2016. Skindell has argued to keep Lakewood Hospital open and said he is disappointed by the appeals court dismissal. He and his attorney are considering a further appeal to the Ohio Supreme Court, Skindell said. Skindell's complaint claimed the city violated Ohio's open meeting law by holding private discussions and negotiations leading up to an agreement with the Cleveland Clinic to close the hospital in early 2016. Council's vote to close the hospital occurred in December 2015 during a public meeting and numerous public discussions occurred prior to the vote in addition to private, closed-door meetings between members of council and other city officials and attorneys. In his ruling, Friedman said the court found no evidence the executive, or closed-door, sessions were unlawful. "Negotiations must be conducted in private," Friedman said at the time. He allowed the city to move ahead with closing the hospital. Currently, a Cleveland Clinic emergency room operates at the site of the former hospital but inpatient services have ended, and both a parking garage and a professional office building near the former hospital have been demolished. Skindell asked the appeals court to overturn Friedman's ruling. However, the court in dismissing the appeal stated any potential violation of Ohio's open meetings law was "cured by the adoption of the amendment by the electorate." After council voted to close the hospital, a public referendum on the issue appeared on the Nov. 8, 2016 ballot. About 51.5 percent of the ballots cast supported council's decision to close Lakewood Hospital and open a Cleveland Clinic family health center in its place. That vote invalidated the argument that a decision to close the hospital was made without adequate public input and knowledge, according to the appeals court decision. "We were pleased with that, obviously," city Law Director Kevin Butler said. "We felt strongly all along that there were no open meeting act violations." Butler also said it was too late to reverse the closure of the hospital. However, Skindell and his attorney Matthew Markling released a statement saying they were evaluating their options including a possible appeal to the Ohio Supreme Court. "Open and transparent government is the cornerstone of any democracy and especially local governance," according to the statement. "Ohio State Sen. Michael J. Skindell is disappointed that the appellate court decided not to address whether Lakewood City Council's 12 closed-door meetings in 2015, which resulted in the adoption of the ordinance closing Lakewood Hospital, violated Ohio's Sunshine Laws. "Rather than addressing whether Lakewood City Council acted appropriately, the appellate court held that the November 2016 referendum vote made any violations of the Ohio Sunshine Laws by Lakewood City Council irrelevant. The appellate court's ruling may amount to a judicially created loophole, which could encourage public entities to violate the Ohio Sunshine Laws. To that end, Sen. Skindell is evaluating the best course of action to ensure that the provisions of the Ohio Sunshine Laws are followed including, but not limited to, pursuing an appeal to the Ohio Supreme Court." The Ohio 8th District Court of Appeals decision dismissing the lawsuit appears at the bottom of this story. // DV.load("https://www.documentcloud.org/documents/3455897-Order-Dismissing-Case-1.js", { width: 600, height: 800, sidebar: false, container: "#DV-viewer-3455897-Order-Dismissing-Case-1" }); // ]]>
45 points by The Plain Dealer | Appeal Appellate court United States Court Law Supreme court Trial court Supreme Court of the United States
Court weighs halting release of police video of shootings
PASADENA, Calif. (AP) — A federal appeals court considered Monday whether to automatically halt lower court orders publicly releasing video of fatal shootings by police to prevent potential violence.
-2 points by Arizona Daily Star | Appeal United States Trial court Appellate court Court systems Firearm Crime Federal government of the United States
Two states say allowing travel ban would ‘unleash chaos again’
Lawyers for two states pleaded with a federal appeals court not to reinstate President Trump’s immigration ban because it would “unleash chaos again.” Washington and Minnesota argued that if the appellate court allowed the ban to resume, the “ruling would reinstitute those harms, separating families, stranding our university students and faculty and barring travel,” according...
316 points by New York Post | Appeal United States President of the United States Appellate court U.S. state Law Supreme Court of the United States Trial court
Federal appeals court declines to quickly reinstate Trump's travel ban
A federal appeals court on Sunday ruled that President Donald Trump's controversial immigration order will remain suspended for the time being, allowing those previously banned from coming to the U.S. at least another day to get here. The decision by the U.S. Court of Appeals for the 9th Circuit...
-2 points by Chicago Tribune | President of the United States Appeal George W. Bush Supreme Court of the United States United States Supreme court Judge Trial court
Dog wins posthumous appeal in case of FedEx worker
The FedEx employee was startled by the dog's barking and fell. The appeals court reversed a ruling to have a jury hear the case.        
-2 points by Detroit Free Press | Appeal Court Lawsuits Dispute resolution Trial court Judge Trial Jury
Colorado rancher loses appeal in pesticides case
DENVER (AP) - The state Court of Appeals has ruled that a Colorado rancher who sprayed pesticides that wafted onto his neighbors' farm must serve his two-day jail sentence. The Denver Post reports (http://dpo.st/2k6ZvW4 ) the Thursday decision comes after James Hopper challenged his conviction and the jail time handed ...
-2 points by The Washington Times | Law Organic food Appeal Prison Sentence Colorado U.S. state Trial court
State court of appeals rules against proposed geoduck farm
GIG HARBOR, Wash. (AP) - A state Court of Appeals has ruled against a proposed Kitsap Peninsula geoduck farm, handing a citizens' group a key victory. The court this week affirmed a decision by a state hearings board to deny an aquaculture permit for the 5-acre site along Henderson Bay ...
-2 points by The Washington Times | Puget Sound United States Appeal Pierce County Washington Kitsap County Washington Trial court Washington Appellate court
Brendan Dassey to remain in jail pending appeal, court rules
Doug G. WareCHICAGO, Nov. 17 (UPI) -- Brendan Dassey will have to stay behind bars while the legal repercussions of his dismissed conviction play out in court, an appeals ruled Thursday.
25 points by UPI | Appeal Judge United Press International Appellate court Law Magistrate Trial court William Randolph Hearst
Appeals court: No Friday release for Brendan Dassey
He'll stay in prison while prosecutors appeal the decision to overturn his conviction.       
5622 points by USA Today | Appeal United States Jury Supreme Court of the United States Trial court Court Judge Appellate court
Court rules Fire Dept. paramedic test discriminates vs. women
“The physical entrance exam . . . risks cementing unfairness into Chicago’s job-application process,” the Seventh Circuit Court of Appeals said.
-1 points by Chicago Sun-Times | Lawsuit Appeal Discrimination Trial court Court order United States district court Gender Chicago
A board director who acts unilaterally may not be protected by the business judgment rule
Question:  I am one of five board directors at our homeowners association. The problem is that one director thinks he knows it all and goes it alone. He decides what invoices to pay. He decides what contracts we need and signs them. He decides which security guard company, attorney and manager...
11 points by Los Angeles Times | Board of directors Trial court Appeal Fiduciary Decision making Appellate court Stock Court