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Huguely files appeal request with U.S. Supreme Court
Headline Legal News |
2015/06/17 18:31
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A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.
Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.
Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.
Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”
“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.
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Appeals court sets aside conviction of bin Laden assistant
Headline Legal News |
2015/06/12 17:13
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A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.
The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.
The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.
Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war. |
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Poll: Most Americans expect Supreme Court to OK gay marriage
Headline Legal News |
2015/06/11 17:13
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Nearly two-thirds of Americans expect the Supreme Court to legalize same-sex marriage nationwide when it rules on the issue within the next few weeks, according to a new poll.
Only 25 percent expect the high court to leave existing state bans on gay marriage intact, while 65 percent expect the bans to be overturned, according to the poll conducted by the nonpartisan Public Religion Research Institute. Its nationwide survey of 1,009 adults was conducted from June 3 to June 7.
Mirroring the findings of several other recent national polls, the new survey found 55 percent of Americans in favor of allowing gay and lesbian couples to marry legally, and 37 percent opposed.
Among those who oppose same-sex marriage, 72 percent say the decision about its legality should be made at the state level. Among those who favor same-sex marriage, 59 percent say the issue should be decided at the national level. At the moment, same-sex marriages are allowed in 36 states.
The survey found sharp divisions over same-sex marriage along religious lines. Majorities of religiously unaffiliated Americans (79 percent), white mainline Protestants (60 percent) and Catholics (58 percent) favor allowing gay and lesbian couples to marry. But gay marriage was supported by only 29 percent of white evangelical Protestants and 35 percent of nonwhite Protestants.
The survey also asked about perceptions of discrimination based on sexual orientation and gender identity. Three-quarters of Democrats, 61 percent of independents and 50 percent of Republicans said there is a lot of discrimination against transgender people. |
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High court throws out conviction for Facebook threats
Headline Legal News |
2015/06/01 19:05
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The Supreme Court has thrown out the conviction of a Pennsylvania man accused of making threats on Facebook.
The justices ruled Monday that it was not enough for prosecutors to show that the comments of Anthony Elonis would make a reasonable person feel threatened.
Elonis was prosecuted for making illegal threats after he posted Facebook rants in the form of rap lyrics about killing his estranged wife, harming law enforcement officials and shooting up a school.
Elonis claimed the government had no right to prosecute him if he didn't actually intend his comments to be threatening to others. But the Obama administration said that the test is whether the comments would strike fear in a reasonable person. |
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Court: State can’t order unions, companies to reach binding contracts
Headline Legal News |
2015/05/18 07:19
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A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.
Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.
However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.
The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.
At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms. |
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Ohio man accused in US Capitol terror plot returns to court
Headline Legal News |
2015/05/12 07:20
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A suburban Cincinnati man accused of plotting to attack the U.S. Capitol in support of Islamic State extremists is due back in federal court.
An indictment last week added a fourth charge against 21-year-old Christopher Lee Cornell. The count of attempting to provide material support to a U.S.-designated foreign terrorist organization carries a potential sentence of up to 15 years in prison with conviction.
He already faced two charges with possible 20-year sentences. Cornell pleaded not guilty to those charges.
He is scheduled for arraignment Tuesday in Cincinnati on the new count. He has been held without bond since his Jan. 14 arrest.
His father has said Cornell was coerced by a government "snitch."
U.S. authorities are on alert for "lone wolf" terrorist plots inspired by the Islamic State group. |
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Afghan Court Sentences AP Journalist’s Killer to 20 Years
Headline Legal News |
2015/03/31 19:56
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Afghanistan’s highest court has ruled that the police officer convicted of murdering Associated Press photographer Anja Niedringhaus and wounding AP correspondent Kathy Gannon almost one year ago should serve 20 years in prison, according to documents sent to the country’s attorney general on Saturday.
The final sentence for former Afghan police unit commander Naqibullah was reduced from the death penalty recommended by a primary court last year. Twenty years in prison is the maximum jail sentence in Afghanistan, said Zahid Safi, a lawyer for the Associated Press who had been briefed on the decision by the Supreme Court. The Supreme Court ruling upholds an intermediate court’s decision, which was opposed by the Military Attorney General’s office.
Naqibullah, who uses only one name, opened fire on Ms. Niedringhaus and Ms. Gannon without warning on April 4 as the two were covering the first round of the country’s presidential election outside the city of Khost in southeastern Afghanistan.
An award-winning German photographer, Ms. Niedringhaus was renowned for her humane depictions of ordinary life as well as for her coverage of conflict zones from the Balkans to Iraq, Libya and Afghanistan. She died instantly of her wounds at the age of 48. Ms. Gannon, a senior correspondent for Afghanistan and Pakistan with decades of experience in the region, was hit with six bullets that ripped through her left arm, right hand and left shoulder, shattering her shoulder blade. She is recovering from her injuries while undergoing physical therapy in her native Canada.
According to witnesses and court testimony, Ms. Gannon and Ms. Niedringhaus were seated in the back seat of a car parked in a crowd of police and election officials at a police station when Naqibullah walked up to the vehicle, shouted “Allahu Akbar,” and fired on them with a Kalashnikov assault rifle. He surrendered immediately. Witness and official accounts suggested the shooting was not planned. |
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