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Philippine Supreme Court slams killings of lawyers, judges
Attorney Interview | 2021/03/23 15:03
The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents.

The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy.

“To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.”

The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.”

The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law.

Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers.

A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.


Court upholds Iowa man’s civil judgment in mother’s death
Attorney Interview | 2021/03/19 15:21
There was enough evidence for a jury to conclude in a wrongful death lawsuit that an Iowa man shot and killed his mother, the state Supreme Court ruled Friday, leaving in place the jury’s $10 million award even though the man was eventually acquitted on criminal charges in her death.

The court denied Jason Carter’s appeal of the civil judgment, in which a jury found him responsible for the June 2015 shooting of his mother, Shirley Carter, at her home near Knoxville.

Jason Carter, of Knoxville, and his father, Bill Carter, have been locked in legal disputes since Shirley Carter’s death.

Bill Carter filed the lawsuit on behalf of his late wife’s estate and another son, Billy Dean Carter, in 2016. A jury found Jason Carter liable and awarded a $10 million judgment to be paid to his father and mother’s estate.

Jason Carter was charged with first-degree murder in his mother’s death, but a jury acquitted him in March 2019.

In his appeal of the civil judgment, Jason Carter claimed the judge had wrongly denied his motions to delay the civil trial, saying it should have been postponed because authorities were still investigating his mother’s death and hadn’t charged him yet. But the high court concluded in a decision written by Chief Justice Susan Christensen that “there is no rule requiring trial courts to stay civil proceedings until criminal proceedings conclude.”

Carter also disputed the civil trial judge’s decisions on subpoenas and motions to set aside the jury verdict. His motions were based in part on evidence that had surfaced in which witnesses claimed the shooting was a botched attempt by other people to steal prescription medication from Shirley and Bill Carters’ home. Jason Carter claimed such evidence may have helped him cast doubt on his liability in the civil case.

“We conclude that when viewing the evidence in the light most favorable to the plaintiffs, a reasonable mind could conclude by a preponderance of the evidence that Jason intentionally shot his mother,” Christensen wrote.

Jason Carter’s lawyer, Alison Kanne, said she and her client disagree with the court’s decision and “we remain satisfied with the fact that Jason Carter was conclusively deemed not guilty by a jury of his peers who had all of the information in front of them, which is something the civil jury did not have.”

Bill Carter’s lawyer, Mark Weinhardt, said they were reviewing the decision and would comment later. In his closing argument before the high court, Weinhardt said Bill Carter was seeking at least some measure of justice for his wife.



DUI charge dismissed against Broncos running back Gordon
Law Firm Press Release | 2021/03/14 13:11
Broncos running back Melvin Gordon will likely avoid NFL discipline after his drunken driving charge was dismissed and he pleaded guilty in Denver County Court on Wednesday to lesser charges of excessive speeding and reckless driving.

Gordon was arrested Oct. 13 in downtown Denver when he was clocked going 71 mph in a 35 mph zone. He was cited for speeding and charged with DUI. He didn’t take a breathalyzer at the scene.

A suspension would have sidelined him to start the 2021 season and allowed the Broncos to void $6.5 million of guaranteed salary for 2021.

Gordon is entering the second season of the two-year, $16 million free agent contract he signed a year ago. He led the Broncos in carries (215), rushing yards (986) and TD runs (nine) last season and added 32 catches for 158 yards and a score.

Shortly after his arrest, which was the first off-the-field issue he’s faced in his six-year NFL career, Gordon said, “I’m a little upset that I even put myself in the situation.” And in December, he said he was leaving his legal and contractual issues to his representatives and was focused on football.

“Hopefully I did enough for them to want to keep me here. I do feel like they have something special here growing and I definitely want to be a part of it,” Gordon said at the time. “So, we’ll see, hopefully it works out, and hopefully they like me enough to kind of put all that stuff to the side. I guess in a couple months or so we’ll see what’s up.”


Dinamo Zagreb coach quits after receiving prison sentence
Law Firm Press Release | 2021/03/13 15:22
Zoran Mamic quit as Dinamo Zagreb coach after Croatia’s Supreme Court confirmed his nearly five-year prison sentence for tax evasion and fraud, just days before the Croatian champions play a Europa League match against Tottenham.

“Although I do not feel guilty, as I announced earlier, if the verdict is final, I accept it as such and resign from the position of head coach and sports director of GNK Dinamo,” Mamic said in a statement late Monday. “I wish the club a lot of luck and sporting success in its future work.”

Mamic has no further avenue for appeal, and will have to go to prison upon receiving the formal notification of the court ruling.

Mamic and his brother Zdravko, a former Dinamo Zagreb executive director, were charged with embezzling the equivalent of $18 million from the sale of Dinamo Zagreb players to foreign clubs, and for tax evasion worth $2 million.

The Mamic brothers were suspected of embezzlement through fictitious deals made during transfers of several former Dinamo players to foreign clubs, including Luka Modric to Tottenham in 2008.

The Real Madrid midfielder, a former FIFA player of the year, was a key witness during the trial, testifying about his financial deals with the Mamics.

Zoran Mamic was sentenced to four years and eight months in prison. Zdravko Mamic, who was sentenced to six years and six months, fled to Bosnia shortly after a lower court passed the original sentences in 2018.

The Supreme Court also confirmed a three-year prison sentence for former Dinamo director Damir Vrbanovic.

The club said Mamic would be replaced as coach by Damir Krznar.

Dinamo is scheduled to host Tottenham on Thursday in the return leg of their Europa League playoff. Tottenham won the first leg 2-0 last week.


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