|
|
|
Appeals court won't toss NYC stop-frisk rulings
Legal Topics |
2013/11/25 23:21
|
A federal appeals court refused Friday to toss out court rulings finding that New York City carried out its police stop-and-frisk policy in a discriminatory manner, ending what was likely the city's last chance to nullify the decisions before the arrival of a new mayor who has criticized the tactic.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals issued a five-page order Friday, saying the city could make its arguments to toss out the rulings when its appeal of the decisions of U.S. District Judge Shira Scheindlin is heard next year.
Last month, the same appeals panel had suspended the effects of Scheindlin's rulings and removed her from the case, saying she misapplied a related ruling that allowed her to take the stop-and-frisk case and made comments to the media during a trial that called her impartiality into question.
The city had argued that the panel's decision to remove Scheindlin meant it should also nullify her rulings. |
|
|
|
|
|
|
Republicans block nominee to key appeals court
Legal Topics |
2013/11/22 18:13
|
Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.
Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.
The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.
The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees. |
|
|
|
|
|
|
International court summit debates Africa issues
Legal Topics |
2013/11/22 18:12
|
The International Criminal Court's vexed relationship with Africa took center stage Wednesday on the opening day of the annual summit of its 122 member states.
The prosecutions of Kenya's president and his deputy have plunged relations between the world's first permanent war crimes court and the African Union to the deepest point in the court's 12-year history.
Kenyan Deputy President William Ruto is on trial for allegedly fomenting violence in the aftermath of his country's 2007 elections, and President Uhuru Kenyatta is due to go on trial in February on similar charges. Both men insist they are innocent.
"The court is facing a test of its veracity and its effectiveness," Kenya's Foreign Affairs Minister Amina Mohamed told delegates. "This meeting must come up with practical solutions to the challenges facing the court and the entire Rome Statute system."
The Rome Statute is the court's founding document, and one of its provisions is that heads of state do not enjoy immunity from prosecution.
But the African Union argues that Ruto and Kenyatta's trials should be delayed because Kenya needs its leaders to help fight al-Shabab terrorists in neighboring Somalia and at home. |
|
|
|
|
|
|
Russian court: Greenpeace activist to stay in jail
Legal Topics |
2013/11/19 00:38
|
A Russian judge refused Monday to free Australian Greenpeace activist Colin Russell, who was among 30 people arrested following a protest against oil drilling in the Arctic, signaling that others also could be kept in jail for three more months pending trial.
In a subsequent hearing, however, a judge agreed to free a Russian doctor who was on the Greenpeace ship when it was seized by the Russian coast guard on Sept. 18. Yekaterina Zaspa was released on bail of 2 million rubles ($61,500).
Investigators had asked St. Petersburg courts to extend the detention period of all 30. Hearings were scheduled Monday for seven of the group.
During similar hearings two months ago on whether to jail the defendants, the rulings were the same in all 30 cases, which made Monday's release of the Russian doctor unexpected.
The Russians arrested everyone on board the ship, including cooks and journalists documenting the protest, after a few of the environmental activists tried to scale an offshore drilling platform owned by Russian state energy giant Gazprom. |
|
|
|
|
|
|
High court reverses pot conviction over evidence
Legal Topics |
2013/11/11 22:09
|
The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
|
|
|
|
|
|
Planned Parenthood Asks Supreme Court's Help In Texas
Legal Topics |
2013/11/04 21:55
|
Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.
The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.
Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas. |
|
|
|
|
|
|
Court-martial date set in Naval Academy case
Legal Topics |
2013/11/04 21:53
|
A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.
Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.
The court-martial is scheduled to begin Feb. 10. The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.
Another student also faces a separate court-martial in the case. It is scheduled for Jan. 27. Midshipman Eric Graham is charged with abusive sexual contact.
If you are facing trial by court-martial, you also have the right to hire an experienced civilian defense attorney to represent and defend you. It is your career and future that is at stake and it is important that you have an experienced attorney who will advocate aggressively on your behalf. Please contact Las Vegas Military Defense Attorneys. |
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
