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Florida's high court urged to throw out death sentences
Labor & Employment |
2016/05/07 22:53
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Former judges and top legal officials are calling on the Florida Supreme Court to impose life sentences on nearly 400 people now awaiting execution on death row.
The group, which includes three former state Supreme Court justices and two former presidents of the American Bar Association, filed a legal brief Tuesday in a case that could determine the fate of Florida's death penalty.
In January, the U.S. Supreme Court declared Florida's death penalty sentencing law unconstitutional, prompting the state Supreme Court to halt two executions. The Florida Legislature responded by overhauling the law.
But the Florida Supreme Court still hasn't decided what should happen to those sentenced to death under the previous sentencing scheme. The court will hear arguments from lawyers this week on what should be done.
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Tribunal: India, Italy should agree on Italian marine's bail
Law Center |
2016/05/06 22:53
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India and Italy should work toward an agreement to allow an Italian marine to return home while an arbitration process continues in the fatally shootings of two Indian fishermen in 2012, a tribunal said Tuesday.
The two countries should present their arguments over relaxing the marine's bail conditions to India's Supreme Court, the tribunal in The Hague said.
The case against Salvatore Girone and another Italian marine, Massimiliano Latorre, has strained relations between the two countries, which disagree on the facts of the case and who has jurisdiction. Italy has also complained bitterly about the fact that, in four years, India has never formally charged the two with a crime.
An arbitration tribunal is hearing the dispute over jurisdiction, and in the ruling announced Tuesday said the two countries should approach India's Supreme Court about changing Girone's bail terms to allow him to return to Italy. Latorre has been in his home country since September 2014 on medical treatment after suffering a stroke in India.
Both India and Italy welcomed the tribunal's ruling, which had been shared with officials from the two countries on Monday. India was happy that the ruling confirmed its jurisdiction to decide bail, while Italy found relief in the possibility of Girone's return.
"We see the tribunal's order not just as a recognition of India's consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India," Indian Finance Minister Arun Jaitley, speaking Tuesday in Parliament on behalf of the foreign affairs minister.
In Rome, the defense minister expressed confidence that Italy would be proven right through the arbitration process.
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High court seems poised to overturn McDonnell conviction
Health Care |
2016/05/05 22:54
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The Supreme Court on Wednesday seemed poised to overturn the conviction of former Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.
Justices across the ideological spectrum expressed major concerns that the laws give prosecutors too much power to criminalize the everyday acts that politician perform to help constituents.
Chief Justice John Roberts said it was "extraordinary" that dozens of former White House attorneys from Democratic and Republican administrations submitted legal papers saying that upholding McDonnell's conviction would cripple the ability of elected officials to do their jobs.
"I think it's extraordinary that those people agree on anything," Roberts said.
Justice Breyer said the law presents "a real separation of powers problem" and "puts at risk behavior that is common."
"That's a recipe for giving the Department of Justice and prosecutors enormous power over elected officials," Breyer said.
McDonnell, who was in the courtroom with his wife Maureen to watch the arguments, was convicted in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement.
At issue is a federal law that bars public officials from accepting money or gifts in exchange for "official acts." The court is expected to clarify what distinguishes bribery from the routine actions that politicians often perform as a courtesy to constituents.
But the justices struggled over how to draw that line. Both Roberts and Breyer suggested the bribery law could be considered unconstitutionally vague. |
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Iran's president slams US court ruling on frozen assets
Court Watch |
2016/05/04 22:54
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Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country.
The U.S. Supreme Court ruled last week that the families of victims of a 1983 bombing in Lebanon and other attacks linked to Iran can collect nearly $2 billion in frozen funds from Iran as compensation.
Rouhani was quoted by state TV as warning that the United States would have to face up to "all the consequences of this illegal action," without elaborating. "The move indicates Washington's continued hostility against the Iranian nation," Rouhani added, speaking during a Cabinet meeting.
On Tuesday, the Cabinet tasked a group of top officials with examining the court decision and defending Iran's "rights."
The U.S. court's ruling directly affects more than 1,300 relatives of victims, some who have been seeking compensation for more than 30 years. They include families of the 241 U.S. service members who died in the Beirut bombing.
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Court in Russia-annexed Crimea bans Tatar assembly
Law Promo News |
2016/05/04 22:54
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The Supreme Court in the Russia-annexed peninsula Crimea on Tuesday banned a Crimean Tatar group in the latest step to marginalize the minority.
Crimea's prosecutor Natalya Poklonskaya who personally lodged the lawsuit welcomed the ruling against the Mejlis, an assembly of Tatar community leaders.
"This decision aims to ensure stability, peace and order in the Russian Federation," she told Russian news agencies after the hearing.
Crimean Tatars, who suffered a mass deportation at the hands of Soviet authorities in 1944, seemed to be the only organized force within Crimea to oppose Russia's annexation of the Ukrainian peninsula in 2014. Tuesday's ban follows months of persecution, expulsions and jailing of prominent Tatar leaders as well as rank-and-file protesters.
Six people are now on trial in the city Simferopol on charges of rioting dating back to fist fights between rival rallies of a pro-Russian party and Crimean Tatars on Feb. 26, 2014 which preceded the hastily called referendum to secede from Ukraine. Not a single pro-Russian protester has faced charges.
Russia's Justice Ministry earlier this month ruled the Mejlis was an extremist group, paving the way for the outright ban of the group that represents up to 15 percent of the Crimean population.
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High court won't step into Mich. dispute over harness racing
Human Rights |
2016/05/03 22:54
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The Supreme Court won't step into a dispute between Michigan gaming officials and a group of harness racing drivers over allegations of race-fixing.
The drivers had refused to speak to state investigators without a grant of immunity from prosecution. The 6th U.S. Circuit Court of Appeals ruled last year that they had a constitutional right to remain silent.
Michigan officials argued that gaming officials did not have to grant immunity before taking action against the drivers. The drivers were never charged with any crimes.
The justices on Monday left in place the appeals court ruling. Harness racing is a form of horse racing.
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Stoddard firefighter charged with arson due in court
Court Watch |
2016/05/02 22:55
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A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
David Plante is scheduled to be arraigned Monday in Keene.
The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.
The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.
Police have not said what evidence led them to Plante. It's unclear if he has an attorney.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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