Court upholds guilty verdict for Russian opposition leader
Court Watch | 2017/02/08 15:28
A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.

However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.

In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.

During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.

"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.

Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.

Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.


Dylann Roof's mental state revealed in court records
Attorney News | 2017/02/06 15:28
Documents unsealed in federal court reveal new details about the mental health of convicted Charleston church shooter Dylann Roof, including a psychiatrist's finding that his disorders make it hard for him to focus, interact with others or express emotion.

Quoting from a psychiatrist's testimony during one of those hearings, his lawyers wrote "the defendant suffers from 'Social Anxiety Disorder, a Mixed Substance Abuse Disorder, a Schizoid Personality Disorder, depression by history, and a possible Autistic Spectrum Disorder.'"

Some of the other trademarks of those disorders, according to the filings, are anxiety about unknown outcomes, a tendency to become overwhelmed and trouble retaining information. Roof's "high IQ," his attorneys wrote, is "compromised by a significant discrepancy between his ability to comprehend and to process information and a poor working memory."

Because of this, his attorneys asked that the judge allow for frequent courtroom breaks, longer times for lunch recess and perhaps even a day or two off from court per week. The motion also noted that U.S. District Judge Richard Gergel had "denied a defense request for an independent competency evaluation focused on autism."

The judge ultimately denied the motion, taking breaks at regular intervals and holding court for about eight hours a day. The information on Roof's diagnoses emerges from the hundreds of pages of court documents originally filed under seal and opened this week by Gergel.



Missouri death row inmate appeals to US Supreme Court
Legal Topics | 2017/02/04 15:28
A Missouri man convicted of killing a woman and her two children almost 20 years ago asked the U.S. Supreme Court to spare his life on Monday, a day before his scheduled execution.

Mark Christeson, 37, is set for lethal injection Tuesday evening at the state prison in Bonne Terre. Investigators said he raped and killed Susan Brouk, and killed her 12-year-old daughter and her 9-year-old son near their rural south-central Missouri home in 1998.

The nation's highest court halted Christeson's execution in 2014, just hours before it was scheduled. Monday's appeal focuses on the same main issue that Christeson's attorneys cited then: His trial lawyers were so inept that they missed a 2005 deadline to file a federal court appeal, which is standard practice in death penalty cases.

His lawyers have also argued that Christeson has an IQ of 74 and was therefore mentally incapable of understanding his legal rights during his original trial.




Philippine president's drug crackdown faces court challenge
Court News | 2017/01/28 21:33
A survivor of a Philippine police raid that killed four other drug suspects asked the Supreme Court Thursday to stop such operations and help him obtain police records to prove his innocence in a test case against the president's bloody crackdown.
 
Lawyer Romel Bagares said his client Efren Morillo and other petitioners also asked the court to order police to stop threatening witnesses.

More than 7,000 drug suspects have been killed since President Rodrigo Duterte took office in June and ordered the crackdown, alarming human rights group and Western governments.

Four policemen shot Morillo and four other men in impoverished Payatas village in metropolitan Manila in August. Morillo survived and denied police allegations that he and his friends were drug dealers or that they fought back, according to Bagares and the court petition.

Morillo, a 28-year-old vegetable vendor and the four slain men, were garbage collectors who were shot with their hands bound and could not have possibly threatened police, the petition said.


Court appeals temporarily delay Texas execution
Attorney News | 2017/01/27 20:50
Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.

Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.

The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.

Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.

Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally.



Supreme Court to hear case about party in vacant DC house
Headline Legal News | 2017/01/27 06:53
The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.

The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.

Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.

Several of the partygoers said someone named "Peaches" gave them permission to have the party.

But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.

The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.

The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.

A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.


Driver due in court in Cleveland officer's hit-and-run death
Court News | 2017/01/27 04:50
The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.

Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.

Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.

Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.

A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.



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