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Poland likely to ignore EU court ruling on justice overhaul
Court News |
2018/08/26 09:35
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Poland's deputy prime minister says his government will likely ignore the European Court of Justice if it suspends a new Polish law compelling numerous Supreme Court judges to retire early.
The attempted forced retirements are part of a broader overhaul of the justice system by Poland's nationalist ruling party, Law and Justice. The changes have alarmed the European Union, which says rule of law is under threat in Poland.
The government insists it is reforming a corrupt system.
Polish Deputy Prime Minister Jaroslaw Gowin says if the EU court suspends the retirement law, "our government will probably have no choice" but to ignore the ruling. His comments were published Monday by a pro-government weekly, Do Rzeczy. |
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In Veterans Court, former service members fight new battle
Areas of Focus |
2018/08/25 09:36
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Sheriff's deputies steered three handcuffed men into Veterans Court one day this summer. The backs of their red jumpsuits read "Allegheny County Jail." One prisoner had doe eyes and long hair, resembling pictures of Christ.
He wore shackles around his ankles.
When he stood before Judge John Zottola, his eyes cast down, the judge cocked his head with a "What are we going to do with you?" expression on his face.
A probation officer said the young man, an Iraq War combat veteran, had absconded -- a word that in court means fled -- while under house arrest. The judge ordered a transfer to a Bath, N.Y., treatment center for veterans who suffer post-traumatic stress and addiction.
Seeing a veteran shackled in his own country is particularly unsettling when you realize jail may be where he is most safe. But most veterans in this court are not incarcerated. They have an out, as long as they check in with the probation officer, keep their records and urine clean and show up for court. The process of getting through three phases of good behavior takes a year.
Allegheny County Veterans Treatment Court is an acknowledgement that veterans deserve special consideration when they land in the criminal justice system. They are diverted into a side stream of the larger channel. If they have post-traumatic stress or traumatic brain injury on top of their violations, their treatment team can work to untangle these issues.
Judge Zottola, who meets before court with the parties of each day's hearing, describes it as "a problem solving court, with positive rewards and regular sanctions."
His courtroom hums with collaborative spirit. Before he calls the room to order, people mill about, sharing information. The hearings, too, are more casual than typical court proceedings.
"We are a team and we take a team approach to assist you," Judge Zottola says as he opens his sessions. "Please take advantage of that help. |
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Florida court clears way to release school shooting video
Attorney News |
2018/08/23 09:36
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The Florida Supreme Court has cleared the way for the release of exterior surveillance video showing law enforcement's response to the Marjory Stoneman Douglas High School shooting.
The court on Wednesday declined to review a lower court's decision to release the video from the Feb. 14 shooting that killed 17 people. No timetable for that release has been set.
The school board contended releasing the video might reveal security blind spots at the school. Prosecutors also opposed release because it could be evidence in a criminal case.
Nineteen-year-old Nikolas Cruz faces the death penalty if convicted of the mass shooting. His lawyers say he would plead guilty in exchange for a life prison sentence.
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North Carolina newspaper asks court to unseal lawsuit
Areas of Focus |
2018/08/22 09:36
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A North Carolina newspaper has asked a state appeals court to order the public release of a lawsuit involving a car dealership owner charged in South Carolina with molesting a 15-year-old boy during a NASCAR weekend at Darlington Raceway.
The Fayetteville Observer reports that its attorney argued Wednesday that a Superior Court judge's decision last year to keep the case sealed was overly broad and should be reversed by the state's Court of Appeals.
An appeals court panel didn't immediately rule on the newspaper's request, which was opposed by a lawyer for parties in the sealed case. That attorney, James A. "Trey" McLean III, argued that the documents should remain sealed to protect children involved in the case.
Other news organizations, including The Associated Press, have supported the Observer's appeal. |
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Zimbabwe court to rule Friday on opposition's vote challenge
Opinions |
2018/08/21 09:37
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Zimbabwe's Constitutional Court said it will rule on Friday after hearing the main opposition party's challenge to the results of last month's presidential election, the first without longtime leader Robert Mugabe on the ballot.
Police barricaded streets in the capital, Harare, on Wednesday amid high tensions over the case which will decide if the victory of President Emmerson Mnangagwa, a former Mugabe enforcer, is valid. The opposition claims "gross mathematical errors" and seeks a fresh election or a declaration that its candidate, 40-year-old Nelson Chamisa, won.
The Zimbabwe Electoral Commission declared Mnangagwa narrowly won with 50.8 percent of the vote, avoiding a runoff. It said Chamisa received 44.3 percent.
Many hoped the peaceful vote on July 30 would launch a new era for Zimbabwe after Mugabe stepped down in November under military pressure, but two days later six people were killed when troops swept into the capital to disperse opposition protesters.
Western election observers and diplomats condemned the "excessive" use of force. European Union election observers were in court on Wednesday; the 75-year-old Mnangagwa badly needs a credible electoral process as a key step in removing international sanctions.
The opposition claims the electoral commission bumped up Mnangagwa's figures through double counts and the creation of "ghost" polling stations. It also alleges that some polling stations recorded more voters than those registered.
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Alabama Supreme Court won't move lawsuit against Moore
Headline Legal News |
2018/08/19 08:34
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The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago.
The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous."
Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones.
Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election.
Moore sought to have the case heard in Etowah County where he and Corfman both live.
"The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said.
Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery.
Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.
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Lawyers will seek to shift blame for warehouse fire at trial
Attorney News |
2018/08/18 08:34
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Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.
Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.
Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.
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