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  Law Center - Legal News

Idaho Supreme Court names new Idaho clerk

  Law Center  -   POSTED: 2017/06/18 10:24

Idaho Supreme Court Clerk Stephen Kenyon has been named the new clerk of courts for the U.S. District Court of Idaho.

District Judge B. Lynn Winmill and Bankruptcy Judge Terry L. Myers made the announcement Thursday. Kenyon will start the job Monday.

Kenyon, a Boise resident, has served as the clerk of the Idaho Supreme Court and the Court of Appeals since 2005.

Idaho's U.S. District Court is still dealing with a long-running vacancy on the bench. Idaho state judge David Nye was nominated to fill the post vacated by retired U.S. District Judge Edward Lodge, but his nomination languished for months without going before the full Senate for a vote.


Bill Cosby, the comedian and actor once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago.

Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days.

Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision.

"She has shown such courage through this, and we are in awe of what she has done," Steele said. "She's entitled to a verdict in this case." Cosby's team declared victory, however temporary.

By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault.

Constand told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges.

Constand is ready to go to trial again, said her lawyer, Dolores Troiani. "She's a very spiritual woman, she believes things happen for a purpose, and I think the purpose is ... it should encourage other women to come forward and have their day in court."

Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details. The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. Cosby's team immediately went on the attack.

The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media.

"How do I describe the judge? Overtly arrogant, collaborating with the district attorney," said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby.

Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star's "power is back. It has been restored." That seemed debatable.

Cosby's career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution's decision to pursue a second trial keeps him in legal limbo.


ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.

Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.

"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."

ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.

"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."

Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.

The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.

A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.



Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.

There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.

"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."

The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.


President Donald Trump's revised travel ban "speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination," a federal appeals court said Thursday in ruling against the executive order targeting six Muslim-majority countries.

Trump's administration vowed to take the fight to the U.S. Supreme Court.

In a 10-3 vote, the 4th U.S. Circuit Court of Appeals said the ban likely violates the Constitution. And it upheld a lower court ruling that blocks the Republican administration from cutting off visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.

The Richmond, Virginia-based 4th Circuit is the first appeals court to rule on the revised travel ban unveiled in March. Trump's administration had hoped it would avoid the legal problems that the first version from January encountered. A second appeals court, the 9th U.S. Circuit based in San Francisco, is also weighing the revised travel ban after a federal judge in Hawaii blocked it.

The Supreme Court almost certainly would step into the case if asked. The justices almost always have the final say when a lower court strikes down a federal law or presidential action.

Trump could try to persuade the Supreme Court to allow the policy to take effect, even while the justices weigh whether to hear the case, by arguing that the court orders blocking the ban make the country less safe. If the administration does ask the court to step in, the justices' first vote could signal the court's ultimate decision.


A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.

The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.

The court in Tampere, southern Finland, said the evidence against them was too weak. It included testimonies from other asylum-seekers, a video footage of the massacre by IS militants and information from an Iraqi investigative commission.

State prosecutors had demanded life sentences and claimed the brothers took part in atrocities committed by IS militants at a military base outside Tikrit in June 2014 when some 1,700 Iraqi army soldiers were slain.

The brothers arrived in Finland in September 2015 and were arrested three months later.


A federal appeals court will consider whether three North Carolina couples have legal standing to challenge a law allowing magistrates with religious objections to refuse to perform same-sex marriages.

The couples want the 4th Circuit Court of Appeals in Richmond, Virginia, to revive the lawsuit because they say the state is spending tax dollars to accommodate magistrates’ religious views. The couples argue those expenditures give them the right to sue, despite a district court ruling to the contrary. Oral arguments are scheduled for Wednesday.

Lawyers from the North Carolina Attorney General’s office argue in legal filings that SB2 isn’t a true spending program, and it doesn’t require substantial outlays of tax money.

Further, they say the law is consistent with the government’s obligation not to interfere with the religious beliefs of state workers.



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