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Court may reconsider ruling on police deadly force measure
Attorney News |
2018/08/29 23:02
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The question of whether Washington voters will have their say on a measure designed to make it easier to prosecute police for negligent shootings might not be over after all.
One day after ruling that Initiative 940 should appear on the November ballot, the state Supreme Court requested a briefing by the end of the day Wednesday about how the justices' various opinions should be interpreted.
Supporters of the initiative said only a single justice, Barbara Madsen, voted that I-940 should go to voters while a compromise measure preferred by lawmakers, advocates and police groups should not. Supporters of I-940 said her opinion should not control the result of what amounted to a 4-4-1 decision, and late Tuesday they filed an emergency motion asking the court to reconsider.
"For reasons not explained, the Court seems to have adopted the view of that single Justice as the ruling of the Court as a whole," attorneys for De-Escalate Washington, the initiative's sponsor, wrote.
In their response Wednesday afternoon, frequent initiative sponsor Tim Eyman and Republican Sen. Mike Padden, who sued over the issue, said the court's action was appropriate because five justices believed I-940 should go to the ballot.
Secretary of State Kim Wyman also filed a response, taking no position on the outcome of the case but urging the court to hurry. Because of the reconsideration motion, her office had to halt certain election preparations, including notifying counties which initiatives would appear on their ballots. |
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Iran goes to UN's highest court over re-imposed US sanctions
Legal Topics |
2018/08/28 16:34
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Iran went to the United Nations' highest court Monday in a bid to have U.S. sanctions lifted following President Donald Trump's decision earlier this year to re-impose them, calling the move "naked economic aggression."
Iran filed the case with the International Court of Justice in July, claiming that sanctions the Trump administration imposed on May 8 breach a 1955 bilateral agreement known as the Treaty of Amity that regulates economic and consular ties between the two countries.
At hearings that started Monday at the court's headquarters in The Hague, Tehran asked judges at the world court to urgently suspend the sanctions to protect Iranian interests while the case challenging their legality is being heard — a process that can take years.
In a written statement, U.S. Secretary of State Mike Pompeo called the legal move an attempt by Tehran "to interfere with the sovereign rights of the United States to take lawful actions, including re-imposition of sanctions, which are necessary to protect our national security."
Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.
Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.
Iranian representative Mohsen Mohebi told the court the U.S. decision was a clear breach of the 1955 treaty as it was "intended to damage, as severely as possible, Iran's economy."
Iran's 2015 nuclear deal imposed restrictions on the Islamic Republic's nuclear program in return for the lifting of most U.S. and international sanctions against Tehran.
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German court mulls jail for some over Munich air pollution
Legal Business |
2018/08/28 02:35
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A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.
Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.
Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.
According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible.
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Cities vying for 2020 convention court Democrats in Chicago
Court Watch |
2018/08/27 09:35
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The three cities vying to host the 2020 Democratic convention are courting party leaders and activists at their summer meeting in Chicago.
Houston, Miami and Milwaukee are the finalists. A selection committee has been visiting the potential sites. A decision is expected early next year.
Miami gave people attending the Democratic National Committee meeting a taste of Chicago's waterfront offerings by renting out a boat docked at Navy Pier for its party.
Milwaukee's gathering featured an appearance by onetime Milwaukee Bucks basketball star Kareem Abdul-Jabbar. The city has suggested the Bucks' new arena as the convention's venue.
Gospel singer Yolanda Adams highlighted Houston's party. Houston also scattered promotions throughout the DNC's meeting hotel, including Texas-shaped decals on the carpet and bar tabletops. |
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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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