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Court likely to question if Trump's travel ban discriminates
Headline Legal News | 2017/05/16 16:12
For the second time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump's revised travel ban — and once again, they can expect plenty of questions Monday about whether it was designed to discriminate against Muslims.

A three-judge panel of the 9th U.S. Circuit Court of Appeals has scheduled arguments in Seattle over Hawaii's lawsuit challenging the travel ban, which would suspend the nation's refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.

Last week, judges on the 4th Circuit Court of Appeals heard arguments over whether to affirm a Maryland judge's decision putting the ban on ice. They peppered Acting Solicitor General Jeffrey Wall with questions about whether they could consider Trump's campaign statements calling for a ban on Muslims entering the U.S., with one judge asking if there was anything other than "willful blindness" that would prevent them from doing so.

Monday's arguments mark the second time Trump's efforts to restrict immigration from certain Muslim-majority nations have reached the San Francisco-based 9th Circuit.

After Trump issued his initial travel ban on a Friday in late January, bringing chaos and protests to airports around the country, a Seattle judge blocked its enforcement nationwide — a decision that was unanimously upheld by a three-judge 9th Circuit panel.



Indiana high court: Immigration status inadmissible at trial
Headline Legal News | 2017/05/07 04:33
The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.

The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.

"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.

Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.

Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.


Court revives black TV network's discrimination lawsuit
Headline Legal News | 2017/05/05 04:32
A federal appeals court has revived a lawsuit claiming that a North Carolina city discriminated against an African-American-owned television network.

A divided three-judge panel of the 4th U.S. Circuit Court of Appeals on Friday reversed a lower court decision that dismissed the lawsuit against the City of Greensboro.


Black Network Television claims the city rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it.

Senior Judge Andre Davis wrote that the network provided enough evidence to make its discrimination claim plausible.

Judge Harvie Wilkinson III said in his dissent that the network presented "nothing more than bare speculation" that race impacted the city's decision.

Greensboro could ask the full court to hear the case. City attorneys didn't immediately return messages Friday.


Top Kansas Court to Revisit Death Penalty in Wichita Murders
Headline Legal News | 2017/05/03 04:32
The Kansas Supreme Court is considering for a second time whether to spare two brothers from being executed for four murders in what became known as "the Wichita massacre" after earlier rulings in the men's favor sparked a political backlash.

The justices were hearing arguments from attorneys Thursday in the cases of Jonathan and Reginald Carr. The brothers were convicted of dozens of crimes against five people in December 2000 that ended with the victims being shot in a snow-covered Wichita field, with one woman surviving to testify against the brothers.

The crimes were among the most notorious in the state since the 1959 slayings of a western Kansas family that inspired the book "In Cold Blood." The state has 10 men on death row, including the Carrs, but it has not executed anyone since hangings in 1965.

The Kansas court overturned the Carr brothers' death sentences in July 2014, citing flaws in their joint trial and sentencing hearing. The decisions stunned the victims' families and friends, as well as legislators. Critics launched unsuccessful efforts to oust six of the seven justices in the 2014 and 2016 elections.

The U.S. Supreme Court later overturned the Kansas court's rulings in a sometimes scathing January 2016 opinion. The nation's highest court returned the men's cases to the Kansas court for further reviews.

The Carr brothers' attorneys are raising some of the same legal questions again, arguing that the Kansas Constitution requires the death sentences to be overturned even if the U.S. Constitution doesn't. The Kansas court has the last word on "state law" issues. There is one new justice since the court last ruled in 2014.

The Kansas court previously concluded that the two men should have had separate sentencing hearings. Jonathan Carr argued that he was not as responsible as his brother for the crimes and that Reginald Carr had been a bad influence on him during their troubled childhoods.



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