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Court extends detention for Nissan ex-chair Ghosn by 10 days
Law Firm Press Release | 2019/01/01 01:00
Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once revered auto industry figure faces allegations that have marked a stunning downfall.

Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1.

The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension.

Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015.

Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust.

It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk.

In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence.

Another Nissan executive, Greg Kelly, was arrested on suspicion of collaborating with Ghosn on the under-reporting of income and was freed Dec. 25 on 70 million yen ($635,600) bail after more than a month of detention.

Kelly said in a statement released through his lawyers he had suffered while in detention because of his neck ailment and hoped to get medical treatment. He also said he was innocent and hoped to regain his reputation.


Low-key days at Supreme Court may be ending soon
Attorney Interview | 2018/12/30 01:12
The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals.

The justices have been unusually solicitous of each other in the courtroom since Kavanaugh's confirmation, and several have voiced concern that the public perceives the court as merely a political institution. Chief Justice John Roberts seems determined to lead the one Washington institution that stays above the political fray. Even Roberts' rebuke of President Donald Trump, after the president criticized a federal judge, was in defense of an independent, apolitical judiciary.

The next few weeks will test whether the calm can last. When they gather in private on Jan. 4 to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.

Abortion restrictions, workplace discrimination against LGBT people and partisan gerrymandering are on the agenda. Close behind are appeals from the Trump administration seeking to have the court allow it to end an Obama-era program that shields young immigrants from deportation and to put in place restrictive rules for transgender troops.


Cunningham to step down from Kentucky Supreme Court
State Law Issues | 2018/12/28 01:19
Kentucky Supreme Court Justice Bill Cunningham has announced that he will retire from the bench early next year.

News outlets report Cunningham, who is 74, announced on Thursday that his last day will be Feb. 1. He was first elected in 2006 to represent the First Supreme Court District, which encompasses 24 counties in western Kentucky.

Cunningham told The Paducah Sun that it was time to move on because "you stay too long and after a while you've seen too many tortured and battered children, too many dysfunctional families, too much crime, too much misery, too much human suffering."

Before being elected to the Supreme Court, Cunningham was a circuit judge and a commonwealth's attorney. He says he'd like to find a way to continue serving people in western Kentucky.


A Colorado man of missing Colorado woman in court
State Law Issues | 2018/12/26 16:01
A Colorado man suspected of killing his fiance has made his first court appearance. Patrick Frazee appeared by teleconference at a Teller County District Court hearing. Frazee was arrested earlier Friday in the disappearance of 29-year-old Kelsey Berreth. Authorities say the 32-year-old Frazee faces charges of first-degree murder and solicitation of murder.

Berreth was last seen in the Colorado town of Woodland Park on Thanksgiving Day. KOAA-TV reports a public defender was appointed for Frazee.

Officials say the daughter of woman her fiance is suspected of killing will live with the woman's family. Woodland Park police Chief Miles de Young said the family of 29-year-old Kelsey Berreth does not want to comment.

He told reporters Friday that Berreth's cellphone was found in Idaho and that investigators are working to recover it. The fiance, Patrick Frazee, was charged with the murder of Berreth and solicitation to commit murder.

The two lived separately and De Young says authorities have evidence suggesting the killing happened at Berreth's home in Woodland Park, in central Colorado.


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