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State high court to hear wind power appeal
Court News |
2016/12/06 00:05
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A decision on a proposed high-voltage power transmission line that would run through several Illinois counties is now heading to the state Supreme Court after an energy company decided to appeal a ruling against construction.
The high court agreed last week to review an appellate court's decision on the Rock Island Clean Line, a 500-mile electric project transmitting wind energy from Iowa turbines. The appellate court reversed a 2014 decision from the state Commerce Commission, which approved construction of the line.
Evidence presented by Rock Island in the case suggests the project would reduce electricity costs by hundreds of millions of dollars. The construction of the project would also create construction jobs.
Rock Island also would pay each county through which the transmission line passes $7,000 per year for each mile for 20 years.
The company has faced four years of legal opposition by the Illinois Landowners Alliance, the Illinois Farm Bureau and ComEd. The groups argue that the project doesn't meet Illinois Public Utilities Act requirements.
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German court upholds former Auschwitz guard's conviction
Court News |
2016/12/01 21:06
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A German federal court has rejected a former Auschwitz death camp guard's appeal against his conviction for being an accessory to murder, a decision greeted Monday as setting an important precedent for future prosecutions of Holocaust perpetrators.
Oskar Groening, now 95, was convicted in July 2015 of being an accessory to the murder of 300,000 Jews and sentenced by a court in Lueneburg to four years in prison. Judges found that he knew Jews were being slaughtered and supported the killings through his actions.
The Federal Court of Justice's decision to uphold the former SS sergeant's conviction boosts ongoing cases against other suspects and raises the possibility of further investigations against others who served at Nazi death camps or in other functions.
"It's very exciting news," said Efraim Zuroff, the head Nazi hunter at the Simon Wiesenthal Center in Jerusalem. "The door is open."
Groening, who has been dubbed the "accountant of Auschwitz," testified at his trial that he oversaw the collection of prisoners' belongings and ensured valuables and cash were separated to be sent to Berlin. He said he witnessed individual atrocities, but did not acknowledge participating in any crimes.
Presiding Judge Franz Kompisch ruled last year, however, that Groening was part of the "machinery of death," helping the camp function and also collecting money stolen from the victims to help the Nazi cause, and could thus be convicted of accessory to the murders committed there.
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Supreme Court rejects church's appeal over marijuana laws
Court News |
2016/11/29 21:06
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The Supreme Court won't take up an appeal from a Native American church in Hawaii that wants to be exempt from federal marijuana laws.
The justice on Monday let stand a lower court ruling that said laws banning the possession and distribution of cannabis don't interfere with church members' right to exercise their religion.
The Oklevueha Native American Church of Hawaii filed a lawsuit in 2009 asking for relief from marijuana laws under the Religious Freedom Restoration Act. The church's leader claims his members use marijuana during sweat lodge ceremonies to help regain their relationship with their creator.
A district court ruled that the church didn't produce enough evidence about its religion other than a strong belief in the benefits of marijuana. A federal appeals court upheld that ruling. |
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French court restores far-right candidate's ties to father
Court News |
2016/11/20 20:56
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French presidential candidate Marine Le Pen thought she had cut the political cord with her controversial father by expelling him from the far-right party he founded, but a court ruled Thursday Jean-Marie Le Pen still is the National Front's honorary president.
While campaigning in next spring's presidential election, Marine Le Pen has worked to smooth her image and distance herself from her father's extremist views and anti-Semitic comments. Kicking him out of the party was part of her strategy.
The civil court outside that heard Jean-Marie Le Pen's reinstatement claim upheld the National Front's decision last year to expel him as a rank-and-file member. But the court also ruled that the 88-year-old firebrand can remain the party's honorary president.
As a result, the court ordered the National Front to summon the elder Le Pen to any high-level party meetings and to give him voting rights as an ex-officio member of all the party's governing bodies.
"No statutory provisions specify that the honorary president must be a member of the National Front," the judges said.
The court sentenced the party to pay Jean-Marie Le Pen 23,000 euros ($24,500) in damages and lawyers' fee.
"This can be called a success," his lawyer, Frederic Joachim, told reporters after the ruling was returned.
Joachim had asked the court for 2 million euros ($2.1 million) in damages because "it's a political life they tried to destroy at home and to cast scorn on abroad."
The party's lawyers didn't immediately comment on the ruling, which both sides can appeal.
The National Front ousted the party patriarch for a series of comments, including referring to Nazi gas chambers as a "detail" of World War II history.
Le Pen contends his comments were protected by freedom of expression, though he has been sentenced repeatedly in France for inciting racial hatred and denying crimes against humanity. |
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Supreme Court stays execution of Alabama inmate
Court News |
2016/11/18 20:56
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The U.S. Supreme Court on Thursday night stayed the execution of an Alabama man convicted of the 1982 shooting death of a woman's husband in a murder-for-hire arrangement.
Five justices voted to stay the execution of Tommy Arthur as the high court considers whether to take up his challenge to Alabama's death penalty procedure. Arthur, 74, was scheduled to be executed Thursday by lethal injection at a south Alabama prison.
"We are greatly relieved by the Supreme Court's decision granting a stay and now hope for the opportunity to present the merits of Mr. Arthur's claims to the Court," Arthur's attorney Suhana Han said in a statement.
This is the seventh time that Arthur, who has waged a lengthy legal battle over his conviction and the constitutionality of the death penalty, has received a reprieve from an execution date, a track record that has frustrated the state attorney general's office and victims' advocacy groups.
Chief Justice John Roberts wrote Thursday that he did not think the case merited a stay, but voted to grant it as a courtesy to the four justices who wanted to "more fully consider the suitability of this case for review." The execution stay will expire if the court does not take up Arthur's case.
The attorney general's office had unsuccessfully urged the court to let the execution go forward and expressed disappointment at the decision. |
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Supreme Court won't hear challenge to FBI fitness test
Court News |
2016/11/03 21:48
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The Supreme Court won't hear a dispute over whether a physical fitness test for FBI special agents is biased against men.
The justices on Monday turned down an appeal from an Illinois man who failed the test after completing 29 out of 30 untimed pushups.
Jay Bauer said it's unfair that female trainees have to do only 14 pushups as part of the fitness test that includes situps, a 300-meter sprint and 1.5-mile run.
A federal judge ruled that the test discriminates on the basis of sex. But a federal appeals court sided with the FBI, saying it used "gender-normed" standards that require the same level of fitness for all trainees.
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Supreme Court gives new chance to 5 Arizona inmates
Court News |
2016/11/01 21:49
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The Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.
The court on Monday said the state judges did not pay sufficient attention to high court rulings that held that life sentences for young killers should be imposed only rarely.
The state courts ruled in all five Arizona cases before the Supreme Court's most recent ruling on juvenile sentences in January.
Justices Samuel Alito and Clarence Thomas dissented from Monday's order.
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