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Arkansas court: State can’t enforce ban on mask mandates
Legal Business | 2021/10/01 13:02
The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COVID-19 vaccine.

In a one-page order, justices denied the request by the state to stay the August decision blocking enforcement of Arkansas’ mandate ban.

More than 100 school districts and charter schools have approved mask requirements since the ruling against the law. The requirements cover more than half the state’s public school students.

Republican Gov. Asa Hutchinson, who signed the law but later said he regretted that decision, had separately asked the court to deny the request to stay the ruling.

“I am gratified with the Arkansas Supreme Court ruling allowing the decision of Judge Fox to stand,” Hutchinson said in a statement. “Judge Fox determined the law was unconstitutional and allowed local school districts to make their own decisions on masks.”

Republican Attorney General Leslie Rutledge said she was disappointed with the ruling.

“I will wholeheartedly defend Arkansas law as this appeal progresses,” she said in a statement.

The ruling came the same day the majority-Republican Senate voted to send eight bills limiting or prohibiting employer vaccine mandates back to a committee following complaints that they were rushed through a day earlier without public comment.


Spain: Venezuelan spymaster loses court extradition dispute
Legal Business | 2021/09/20 11:27
Spain’s Supreme Court refused Monday to suspend a government decision allowing a former Venezuelan spymaster to be extradited to the United States.

Lawyers for Gen. Hugo Carvajal, who for over a decade was late Venezuelan leader Hugo Chavez’s eyes and ears in the Venezuelan military, asked the court to put the Spanish government decision — taken 18 months ago — on hold.

But the Supreme Court said in its written decision that Carvajal had presented no new arguments against the government decision, which he had already opposed at the court in May last year.

Carvajal’s extradition procedure is currently on hold at the National Court, after he filed a request for asylum in Spain.

Nicknamed “El Pollo,′ or “The Chicken”, Carvajal was arrested Sept. 9 in a small apartment in Madrid, where he had been holed up for months. His arrest came nearly two years after Carvajal defied a Spanish extradition order and disappeared.

In the United States, he faces federal charges for allegedly working with guerrillas from the Revolutionary Armed Forces of Colombia to “flood” the U.S. with cocaine.


1st female LGBT federal appeals court nominee to get hearing
Legal Business | 2021/09/14 10:43
The U.S. Senate Judiciary Committee is considering President Joe Biden’s nomination of a Vermont judge who played a role in the state’s passage of the first-in-the-nation civil unions law, a forerunner of same-sex marriage, to become the first openly LGBT woman to serve on any federal circuit court.

At the start of the Tuesday hearing, Democratic U.S. Sen. Patrick Leahy, of Vermont, called the nomination of Beth Robinson, an associate justice on the Vermont Supreme Court, to the U.S. Court of Appeals for the 2nd Circuit “truly historic.” The court’s territory includes Connecticut, New York and Vermont.

“She’s been hailed as a tireless champion for equal rights and equal justice in the mode of the late justice Ruth Bader Ginsburg,” Leahy said as he introduced Robinson. “It’s no exaggeration to say that Beth helped Vermont and America more fully realizing the meaning of equality under the law.”

Robinson helped argue the case that led to Vermont’s 2000 civil unions law. She has served on the Vermont Supreme Court since 2011.

She “has built a reputation for her impartiality, and fair application of the law,” said Sen. Bernie Sanders, of Vermont, in his introduction. “She treats people with respect and compassion and she understands the duty of the court to provide equitable justice.”

Robinson told the committee that she would be honored to continue her work promoting the rule of law as a judge on the 2nd circuit.


Australia’s High Court intervenes in police shooting trial
Legal Business | 2021/09/12 15:50
Australia’s highest court on Friday agreed to hear a challenge to a police officer using his law enforcement job as a defense against a charge of murdering an Indigenous man.

Constable Zachary Rolfe could become the first police officer to be convicted in Australia of unlawfully killing an Indigenous person.

Rolfe shot Kumanjayi Walker three times in a bedroom of his family home in the central Australian Indigenous township of Yuendumu during an attempted arrest on Nov. 9, 2019.

Walker had stabbed Rolfe with a pair of scissors during a struggle. The murder charge relates to the second and third shots that killed the 19-year-old and that prosecutors allege were unnecessary.

Three High Court judges on Friday agreed to hear a challenge by prosecutors to the Northern Territory Supreme Court’s interpretation of defenses available to Rolfe.

Five Supreme Court judges found that Rolfe could claim immunity from criminal liability under a law that protects police officers acting “in good faith in the performance or purported performance” of law enforcement duties.

The judges ruled that a jury should decide whether Rolfe’s actions fitted the criteria of the immunity clause.

But prosecutors had argued that that defense should not be available to Rolfe.

Body-cam footage allegedly recorded Rolfe explain that he fired the fatal shots to prevent his partner Constable Adam Eberl from being stabbed.

Prosecutors argued that because Rolfe was protecting Eberl, he was no longer trying to arrest Walker and was therefore not indemnified by the Northern Territory Police Administration Act.

Prosecutor Philip Strickland told the three High Court judges on Friday that if their court did not decide the indemnity question, Rolfe could be acquitted on an incorrect interpretation of the law.


Disability Insurance Attorneys Website
Legal Business | 2021/09/07 14:53
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