Saturday, April 16, 2022
Arizona court won’t halt sex suits naming Boy Scouts, others
Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America after the state Supreme Court rejected claims that a state law extending victims’ right to sue was unconstitutional.
Arizona is among many states that have reacted to child sex abuse in recent years by allowing victims of even decades-old abuse to sue groups that didn’t protect them from predators. That has led to lawsuits against the Roman Catholic Church, Scouts and others.
The high court last week rejected appeals by Big Brothers Big Sisters of America and its affiliates in central and southern Arizona of lower court rulings that found a 2019 law extending the statute of limitations was constitutional.
The rulings appear to be the first to directly address whether the Arizona law is legal, according to Phoenix attorney Robert Pastor, who represents victims in the two cases the high court considered.
Those lawsuits allege that the group that connects youth called “Littles” with adult mentors known as “Bigs” did not properly oversee the Bigs. The cases involved two men who abused boys, one in 1983 and one in the 1970s, court filings show. The men are not defendants.
Saturday, April 9, 2022
2nd defendant pleads guilty in 2018 hate crime in Washington
A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.
U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.
U.S. District Judge Richard A. Jones scheduled sentencing for July 8.
According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.
On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.
DeSimas also admitted making false statements to the FBI during the investigation of the case.
Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.
Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.
Friday, February 25, 2022
Minshew & Ahluwalia LLP Attorney - Nicholas C. Minshew
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the areas of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County.
Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.
New lawsuit challenges end of vaccine mandate exemption
After losing their case in federal court, opponents of Connecticut’s elimination of a long-standing religious exemption from childhood immunization requirements have filed a new challenge in state court seeking to restore the exception.
The lawsuit was filed Tuesday in Hartford Superior Court by the groups We The Patriots USA and CT Freedom Alliance, as well as three parents of schoolchildren. It names as defendants the state departments of Education and Public Health, local school boards in Bethel, Glastonbury and Stamford, and other state agencies and officials.
Among the lawsuit’s arguments is that the ending of the religious exemption for childhood immunization requirements for schools, colleges and day care centers last year violates religious freedom rights provided by the state constitution. The state’s list of required vaccines does not include COVID-19 vaccines.
The parents’ religious objections include the use of cell lines from aborted fetuses in the research, development and production of vaccines, the suit says.
A federal judge last month dismissed a similar lawsuit filed in U.S. District Court, saying the state has an interest in protecting the health of Connecticut’s students. We The Patriots, CT Freedom Alliance and the parents have appealed the ruling to the 2nd U.S. Circuit Court of Appeals in New York.
Sunday, January 30, 2022
Clyburn, architect of Biden’s court pledge, pushes his pick
At President Joe Biden’s lowest moment in the 2020 campaign, South Carolina Rep. Jim Clyburn came to him with a suggestion: He should pledge to put the first Black woman on the Supreme Court.
After some cajoling, Biden made the promise at a Democratic debate, a move Clyburn credits with turning out the Black support that helped Biden score a resounding victory in the South Carolina primary and ultimately win the White House.
Two years later, the hoped-for vacancy on the court has arrived with the retirement of Justice Stephen Breyer. Biden is standing by his pledge. And Clyburn, the highest-ranking Black member of Congress, has another ask.
As the lobbying begins over filling the open court seat, Clyburn is harnessing his history with Biden and his stature as the No. 3 House Democrat to make a forceful case for his preferred choice, U.S. District Judge J. Michelle Childs, a jurist from his native South Carolina. It’s a campaign he’s making in public and in private, helping elevate Childs to an emerging short list of Black women who could soon make history.
In addition to Childs, early discussions about a successor include California Supreme Court Justice Leondra Kruger, as well as Ketanji Brown Jackson, a former Breyer clerk who is now on the U.S. Court of Appeals for the District of Columbia Circuit. Biden is also looking at U.S. District Court Judge Wilhelmina Wright from Minnesota and Melissa Murray, a New York University law professor who is an expert in family law and reproductive rights justice.
For Biden, the court opening is a chance to show Black voters that he has not forgotten his promises to them, particularly after his failure this month to deliver on voting rights legislation in the Senate. He said Thursday that having a Black woman on the court is “long overdue” and that he would announce his choice by the end of February.
Thursday, January 20, 2022
Court to hear appeal of man convicted in son’s hot-car death
A man whose toddler son died after he left him in a hot car for hours is asking Georgia’s highest court to overturn his convictions for murder and child cruelty.
Justin Ross Harris, 41, was convicted in November 2016 on eight counts including malice murder in the death of his 22-month-old son, Cooper. A judge sentenced him to life without parole as well as 32 more years in prison for other crimes.
Harris has appealed his convictions for murder and first-degree child cruelty. The Georgia Supreme Court scheduled oral arguments for Tuesday.
Harris, who moved from Tuscaloosa, Alabama, to the Atlanta area for work in 2012, told police he forgot to drop his son off at day care on the morning of June 18, 2014, driving straight to his job as a web developer for Home Depot without remembering that Cooper was still in his car seat.
Cooper died after sitting for about seven hours in the back seat of the vehicle outside his father’s office in suburban Atlanta, where temperatures that day reached at least into the high 80s.
Prosecutors argued at trial that Harris was unhappily married and killed his son on purpose to free himself. Defense attorneys described him as a doting father and said the boy’s death was a tragic accident.
Police officers who interacted with Harris after his son’s death didn’t think he acted the way a father should under the circumstances, and began investigating all aspects of his life, according to a defense brief filed with the high court.
Evidence showed he was a loving and attentive father, even if exchanging sexually explicit messages and graphic photos with women and teenage girls and meeting some of them for sex revealed that Harris was not a great husband, the defense brief says.
Investigators “cherry picked the mountain of electronic data to support the conclusion that (Harris) murdered his son, ignoring contrary evidence,” the brief says.
Tuesday, December 7, 2021
Both sides planning for new state-by-state abortion fight
As the Supreme Court court weighs the future of the landmark 1973 Roe v. Wade decision, a resurgent anti-abortion movement is looking to press its advantage in state-by-state battles while abortion-rights supporters prepare to play defense.
Both sides seem to be operating on the assumption that a court reshaped by former President Donald Trump will either overturn or seriously weaken Roe.
“We have a storm to weather,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “We have to weather the storm so that in the future — five, 10, 15 years from now — we’re talking about how we managed to repeal all these abortion bans.”
The institute estimates that as many as 26 states would institute some sort of abortion-access restrictions within a year, if permitted by the court. At least 12 states have “trigger bans” on the books, with restrictions that would kick in automatically if the justices overturn or weaken federal protections on abortion access.
The current case before the court, Dobbs v. Jackson Women’s Health Organization, concerns a Mississippi law that bans abortion after 15 weeks of pregnancy. Roe v. Wade, which was reaffirmed in a subsequent 1992 ruling in Planned Parenthood v. Casey, allows states to regulate but not ban abortion up until the point of fetal viability, at roughly 24 weeks.
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