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Appeals court sets aside conviction of bin Laden assistant
Headline Legal News |
2015/06/12 17:13
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A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.
The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.
The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.
Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war. |
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Poll: Most Americans expect Supreme Court to OK gay marriage
Headline Legal News |
2015/06/11 17:13
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Nearly two-thirds of Americans expect the Supreme Court to legalize same-sex marriage nationwide when it rules on the issue within the next few weeks, according to a new poll.
Only 25 percent expect the high court to leave existing state bans on gay marriage intact, while 65 percent expect the bans to be overturned, according to the poll conducted by the nonpartisan Public Religion Research Institute. Its nationwide survey of 1,009 adults was conducted from June 3 to June 7.
Mirroring the findings of several other recent national polls, the new survey found 55 percent of Americans in favor of allowing gay and lesbian couples to marry legally, and 37 percent opposed.
Among those who oppose same-sex marriage, 72 percent say the decision about its legality should be made at the state level. Among those who favor same-sex marriage, 59 percent say the issue should be decided at the national level. At the moment, same-sex marriages are allowed in 36 states.
The survey found sharp divisions over same-sex marriage along religious lines. Majorities of religiously unaffiliated Americans (79 percent), white mainline Protestants (60 percent) and Catholics (58 percent) favor allowing gay and lesbian couples to marry. But gay marriage was supported by only 29 percent of white evangelical Protestants and 35 percent of nonwhite Protestants.
The survey also asked about perceptions of discrimination based on sexual orientation and gender identity. Three-quarters of Democrats, 61 percent of independents and 50 percent of Republicans said there is a lot of discrimination against transgender people. |
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Man accused of Jewish site shootings to appear in court
Court News |
2015/06/10 17:12
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A Missouri man facing capital murder charges in Kansas is scheduled to be in court Wednesday for a hearing on motions in his case, one asking a judge to let him stay in the courtroom during recesses and another to suppress certain evidence.
Frazier Glenn Miller Jr., 74, of Aurora, Missouri, is accused of killing three people last year at two Jewish sites in the Kansas City suburb of Overland Park, Kansas.
The avowed white supremacist has told various media outlets, including The Associated Press, he is dying from emphysema and went to the sites with the intent to kill Jewish people.
All three of the victims of the April 13, 2014, rampage — William Lewis Corporon, 69, his 14-year-old grandson, Reat Griffin Underwood, and Terri LaMano, 53 — were Christians.
Also known as Frazier Glenn Cross, Miller got permission last month from Johnson County District Judge Kelly Ryan to fire his attorneys and represent himself. However, Ryan ruled that the attorneys would stay involved in the case on a stand-by basis and could be restored as Miller's counsel if he gets kicked out of the courtroom during his trial or decides he wants them back. |
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Egypt court sentences 11 to death over 2012 soccer riot
Legal Topics |
2015/06/07 17:12
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An Egyptian criminal court from the Mediterranean city of Port Said on Tuesday sentenced 11 people to death over a 2012 soccer riot that killed more than 70 people and injured hundreds in what was Egypt's worst soccer disaster to date and one of the world's deadliest.
The verdict, read by presiding judge Mohammed el-Said, came at the end of the retrial of 73 defendants in a case that sparked deadly riots in 2013 in Port Said, prompting then-President Mohammed Morsi to declare a state of emergency in the city.
The court also sentenced 40 defendants to up to 15 years in prison and acquitted the rest. The verdicts can be appealed.
The hearings in the case, including the sentencing on Tuesday, were held in Cairo, not in Port Said, for security reasons.
The earlier trial ended in March 2013, when 21 defendants were sentenced to death, while others received jail terms that ranged from one to 25 years in prison. Twenty-eight were acquitted. The rulings were appealed and a retrial was ordered by Egypt's Court of Cassation in February last year.
The February 2012 riot began at the end of a league match in Port Said between Cairo's Al-Ahly, Egypt's most successful club, and home side Al-Masry. The riot led to the temporary suspension of Egypt's top flight soccer league. The league later resumed, but with matches played in empty stadiums. |
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Judge grants new trial in death of intern Chandra Levy
Court News |
2015/06/04 19:05
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A judge has formally granted a retrial in the case of a man convicted of killing Washington intern Chandra Levy.
D.C. Superior Court Judge Gerald Fisher on Thursday granted a motion for a new trial the case of Ingmar Guandique, who was convicted in 2010 of killing Levy.
Guandique's attorneys had been pushing for a new trial because they said a key witness in the case gave false or misleading testimony. Prosecutors last month told a judge they believe the jury's verdict was correct but that they would no longer oppose the new-trial request.
Levy's 2001 disappearance created a national sensation after the 24-year-old California native was romantically linked with then-U.S. Rep. Gary Condit.
Condit, a California Democrat, was ultimately ruled out as a suspect. |
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Brazil court convicts 2 firefighters in nightclub fire
Legal Business |
2015/06/04 19:05
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A court on Wednesday convicted and sentenced two firefighters to a year behind bars in connection with a 2013 nightclub fire that killed more than 200 people in southern Brazil.
The two and six other firefighters had been charged with negligence and falsifying public documents related to the club's fire permit. Prosecutor Joel Dutra successfully argued that the court should drop charges against the other six, saying they had been "induced to error by unclear norms that gave room to different interpretations."
Lawyers for the convicted men said they would appeal.
The fire in January 2013 at the Kiss nightclub in the city of Santa Maria, Rio Grande do Sul state, killed 242 young men and women, all suffocated by toxic smoke that filled a windowless building with no emergency exits.
Soundproofing foam on the ceiling caught fire in the overcrowded nightclub when the lead singer of a country band onstage lit a flare as part of an illegal indoor pyrotechnics show.
Investigators said the burning foam released cyanide, carbon monoxide and carbon dioxide that quickly killed those attending a university party. Dozens of bodies were piled in twisted knots inside the club as hundreds of people stampeded through darkness, trying to reach a single row of four doors that served as both entry and exit. Aside from the dead, 630 people were injured.
The nightclub's two owners and two band members blamed for starting the fire face homicide charges, but are free pending trial. A guilty verdict could bring a prison sentence of up to 30 years, although the complexity of Brazil's legal system and the ability to present numerous appeals means several years can elapse before someone convicted of a crime is put behind bars. |
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Court upholds sentence for son of Schwarzenegger ally
Areas of Focus |
2015/06/03 19:05
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A California appeals court on Tuesday upheld former Gov. Arnold Schwarzenegger's decision to dramatically reduce the manslaughter sentence of a political ally's son, saying his conduct may be considered wrong but it didn't violate any laws.
On his last day in office in 2011, Schwarzenegger commuted the sentence of Esteban Nunez to seven years from 16 years in the stabbing death of college student Luis Santos in San Diego. Esteban Nunez's father is Fabian Nunez, speaker of the state Assembly while Schwarzenegger was governor.
Frederico and Kathy Santos, the victim's parents, and San Diego County District Bonnie Dumanis sued to overturn the shortened sentence, arguing that the governor violated a voter-approved constitutional amendment that requires victims to be notified before a decision. But the 3rd District Court of Appeal in Sacramento agreed with a trial judge that the amendment approved in 2008 and known as Marsy's Law does not apply to commuted sentences.
"We are compelled to conclude that, while Schwarzenegger's conduct could be seen as deserving of censure and grossly unjust, it was not illegal," Associate Justice Harry E. Hull Jr. wrote.
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