Court asks judges to respond to Louisiana sheriff's claims

Criminal Law

A federal appeals court on Monday asked two judges to respond to a petition by a Louisiana sheriff who claims another judge was improperly removed from his criminal case without explanation.

A letter from the 5th U.S. Circuit Court of Appeals says Chief Judge Dee Drell of the Western District of Louisiana and U.S. District Judge Donald Walter in Shreveport are "invited" to file written responses by Oct. 6. The appeals court also asked two federal prosecutors to respond to Iberia Parish Sheriff Louis Ackal's arguments.

Ackal's attorney, John McLindon, argued in a court filing Friday that U.S. District Judge Patricia Minaldi's mysterious removal from the sheriff's case violated court rules and apparently was done without her consent earlier this year.

McLindon also is challenging Walter's decision to hold the trial in Shreveport instead of Lafayette, where the case originated.

The letter from the 5th Circuit doesn't specify what issues the judges and prosecutors should address in their responses to Ackal's petition. The letter indicated that they discussed the matter by telephone on Monday morning.

Ackal awaits trial next month on charges over the alleged beatings of jail inmates. Nine former employees of the sheriff's office already have pleaded guilty and are cooperating with the Justice Department's civil rights investigation.

Minaldi originally was assigned to preside over the high-profile cases against the sheriff and 11 of his subordinates. But Drell abruptly reassigned the cases to Walter in March, two days after Ackal's indictment. Drell didn't give a reason for the switch in his one-sentence orders.

Four days before Minaldi's removal from the cases, she was in the middle of accepting guilty pleas by two former sheriff's deputies when a prosecutor cut her off mid-sentence and asked to speak to a defense attorney. Then, after a short break and private discussion with the attorneys, Minaldi adjourned the March 7 hearing in Lake Charles without giving a reason on the record.

Related listings

  • Bosnian Serbs vote in referendum banned by top court

    Bosnian Serbs vote in referendum banned by top court

    Criminal Law 09/24/2016

    Bosnian Serbs on Sunday voted in a referendum banned by the country's constitutional court, risking Western sanctions against their autonomous region and criminal charges against their leaders. The vote was whether to keep Jan. 9 as a holiday in Repu...

  • Appeals court sympathetic to voting rules challenge

    Appeals court sympathetic to voting rules challenge

    Criminal Law 09/12/2016

    A federal appeals court seems likely to side with voting rights groups trying to stop Kansas, Georgia and Alabama from making residents prove they are U.S. citizens when registering to vote using a national form. Judges heard arguments in the case Th...

  • Biden, Supreme Court nominee on Hill to pressure GOP

    Biden, Supreme Court nominee on Hill to pressure GOP

    Criminal Law 09/11/2016

    Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place ? meeting with a Democratic senator who used the visit to complain about Republicans' inaction on President Barack Obama's Supreme Court nominee. Vermont Sen. Pa...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read