Todays Date:  
   rss

The North Carolina Supreme Court has directed a commission to study the portraits hanging inside its courtroom amid a complaint about one of a pro-slavery judge.

The News & Observer reported Thursday that the state's top court formed a commission tasked with making a recommendation by Dec. 31, 2019.

Also on Thursday, the newspaper published an op-ed from UNC-Chapel Hill law professor Eric Muller and former Chapel Hill Councilmember Sally Greene drawing attention to the courtroom's portrait of Thomas Ruffin. Ruffin served on the court from 1829 to 1852.

He's best known for his decision in State v. Mann, in which he overturned the assault conviction of a slaveowner who shot a slave in the back for refusing him. Ruffin's portrait is the courtroom's largest, hung behind the justices' bench.



A New York judge on Thursday mothballed a lawsuit over President Donald Trump's charitable foundation until a higher court rules in an unrelated case whether a sitting president can be sued in state court.

State Supreme Court Justice Saliann Scarpulla commented after hearing arguments from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.

She said she'll wait to decide whether the lawsuit proceeds after an intermediate state appeals court rules whether Trump must face a defamation lawsuit brought by a 2006 contestant on "The Apprentice."

Supreme Court Appellate Division justices did not immediately rule after hearing arguments last week on claims by ex-contestant Summer Zervos, a California restaurateur, who says Trump defamed her when he called her a liar for accusing him of unwanted kissing and groping in two 2007 incidents.

Trump's lawyers, seeking to dismiss the lawsuit or delay it until he is no longer in office, say a sitting president can't be sued in state court over conduct outside official duties.

A key question will be whether a 1997 U.S. Supreme Court ruling forcing then-President Bill Clinton to face a federal sexual harassment lawsuit concerning an alleged encounter with an Arkansas state employee while he was governor applies to state courts as well.

Scarpulla said that if the state appeals judges decide that the Clinton ruling is "good law, then I think this case will continue."

The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.

Brought against Trump and three of his children who serve as the foundation's directors, the lawsuit seeks $2.8 million in restitution and the dissolution of the foundation.

On Thursday, Scarpulla seemed sympathetic to some of the New York state arguments, but she repeatedly said she was required at this stage of the litigation to accept its claims as true.

Attorney Yael Fuchs, arguing for New York state, said the foundation "broke some of the most basic laws that apply" to charitable foundations when it took actions in 2016 at the direction and for the benefit of the Trump presidential campaign.

Representing Trump and his children, attorney Alan Futerfas said the state's claims were exaggerated and distorted. He suggested that even magnanimous steps taken by Trump for charitable purposes were being recast in a negative light.



The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.

The unsigned order Monday overrides lower federal courts in New York that would have allowed the questioning of Ross to proceed in lawsuits challenging the addition of a citizenship question on the decennial census for the first time since 1950.

The suits by a dozen states and big cities, among others, say the citizenship question will discourage immigrants from participating, diluting political representation and federal dollars for states that tend to vote Democratic.

But the court is allowing the deposition of acting assistant attorney general John Gore to go forward, over the dissent of Justices Neil Gorsuch and Clarence Thomas.

A trial is scheduled to begin in New York on Nov. 5, although Gorsuch suggested in a four-page opinion that U.S. District Judge Jesse Furman could delay the proceedings. Gorsuch said he "sees no reason to distinguish between Secretary Ross' deposition and those of other senior executive officials."

Furman based his ruling requiring Ross' deposition on concerns about Ross' truthfulness in relating how the decision to add the citizenship question came about. The judge noted that Ross claimed in March, when the decision to add the citizenship question was announced, that he considered adding it after a request to do so last December from the Justice Department.



Congregants at the oldest synagogue in the United States asked the U.S. Supreme Court on Monday to review a decision giving a New York congregation control of Rhode Island's Touro Synagogue and a set of bells valued in the millions.

Lawyers for Newport's Congregation Jeshuat Israel asked for a review of last year's decision by the 1st U.S. Circuit Court of Appeals, arguing that it presents important constitutional issues surrounding religious liberty.

"If allowed to stand and be followed, the decision will fundamentally alter how ordinary disputes involving religious parties are tried and decided, and introduce an element of arbitrariness and cherry-picking by courts as to what secular evidence may be considered or ignored in any particular case," lawyer Gary Naftalis wrote in the filing.

He argued that the ruling in favor of Congregation Shearith Israel in Manhattan unfairly disregarded secular evidence and establishes a two-tiered legal regime: one for religious groups and another for those that are secular.

Lou Solomon, a lawyer for New York congregation and also the head of its board, said the request is "unfortunate," but it's their right. He said the other side was continuing to undermine their "ability to regain the harmonious relations" and had "presented absolutely no reason for the Supreme Court to review much less disturb the decision of the First Circuit."




More than 13 years after a 16-year-old girl was found raped and murdered, the case of the man whose DNA was found at the scene is heading to the Virginia Supreme Court.

The Richmond Times-Dispatch reports 46-year-old Oswaldo Elias Martinez has never stood trial in Brittany Binger's 2005 death. Deemed incompetent because he can't speak or hear, he's been held in jail and mental hospitals.

Martinez's lawyers want his capital murder charge dismissed. Their filing says the state law used to hold him permits detention only for "medical" treatment to restore competency.

The state tried to teach Martinez sign language to assist in his defense. Commonwealth's Attorney Nate Green says someone "unrestorably incompetent" who's charged with capital murder and poses a danger must continue along the restoration process.


Law Promo's specialty is law firm web site design. Law Firm Website Designer by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.