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Nev. court OKs term limits, blocks some candidates
Legal Business | 2008/07/28 08:37

Some veteran public officials seeking re-election have been blocked from serving new terms because the state Supreme Court has upheld term limits in a ruling delivered just one day before the start of Nevada's early voting.

A pair of rulings Friday mean no votes can be counted for 21 incumbents in local or state government service who have hit a voter-mandated limit of 12 years of service.

They include Clark County Commissioner Bruce Woodbury, a 27-year fixture on the powerful commission who already has spent more than $200,000 in his bid for another term. Others affected include two state university system regents, and several school and town board members around Nevada.

Since ballots were already printed for the start of early voting on Saturday, no changes in listed candidates could be made.

"The ballots are all going to contain these names," Clark County Registrar Larry Lomax said. "What we're going to have to do is post signs at all the polling places explaining which candidates are out."

The high court said the Nevada Constitution "plainly states" that officials can't serve more than 12 years, under terms of the term limits approved by voters in 1996.

However, 13 longtime state legislators escaped the immediate effect of the ruling. The voter mandate took effect a few weeks after the November 1996 elections, when a final vote canvass made the results official. State legislators elected that year took office the day after the election, and the Supreme Court said in a separate ruling that the mandate can't apply retroactively to them.



7 suspected members of Basque group ETA jailed
International | 2008/07/28 05:40

Spain's National Court on Sunday jailed seven people on charges of belonging to a militant cell of the Basque separatist group ETA.

The cell is believed responsible for a string of recent bombings, and investigators believe its members were planning more attacks.

The seven will be held in provisional preventive custody pending a full trial, anti-terror judge Baltasar Garzon said in a statement. A date for the trial was not given.

All seven were detained Tuesday in police raids in the Basque towns of Getxo and Elorrio. Among those jailed was the suspected leader of the cell, Arkaitz Goikoetxea.

Garzon said the cell was suspected of having perpetrated many recent attacks, including the May car bombing of a police barracks in Legutiano, northern Spain, in which one officer died.

After the detentions, Goikoetxea led officers to two caches of explosives and other terror-related material, including tranquilizers to sedate kidnap victims, the judge said in the statement.



Iowa case raises question: Is stripping an art?
Law Center | 2008/07/28 05:39

Iowa doesn't have any all-nude strip clubs — but it does have performing arts centers where women dance naked.

However, the loophole in the state's public indecent exposure law that allows nude dancing at "art centers" is under attack in the small community of Hamburg, a town of 1,200 just across the Missouri River from Nebraska.

The case pending before a Fremont County judge effects only one business in Hamburg, but if he agrees with the prosecutor, it could eventually threaten the legal standing of nude dancing clubs across the state.

District Judge Timothy O'Grady heard arguments in a one-day trial on July 17 and took the case under advisement.

It all began on July 21, 2007, when a 17-year-old niece of Sheriff Steven MacDonald climbed up on stage at Shotgun Geniez in Hamburg and stripped off her clothing. Owner Clarence Judy was charged with violating Iowa's public indecent exposure law.

Judy responded that the law doesn't apply to a "theater, concert hall, art center, museum, or similar establishments" devoted to the arts or theatrical performances.

"Dance has been considered one of the arts, as is sculpture, painting and anything else like that. What Clarence has is a club where people can come and perform," said his lawyer, Michael Murphy.

Murphy noted that the club has a gallery selling collectible posters and other art, and it provides patrons with sketch pads.



US racketeering law is tested in Moscow
International | 2008/07/28 05:36

Russian authorities are hoping to make legal history by applying an American racketeering law in a Moscow court as they seek to recover billions of dollars in damages from the Bank of New York Mellon.

Hearings resume Monday in the Russian Federal Customs Service's $22.5 billion lawsuit against the bank, which was at the center of a major money-laundering scandal in the late 1990s.

In a highly unusual move, Russia has brought the case under a famous U.S. law used to fight organized crime, and both sides have drawn on the expert opinion of some of America's best-known legal minds in preparing their case.

The Russians have brought in Harvard law professor Alan Dershowitz and Robert Blakey, one of the authors of the 1970 statute on racketeer-influenced and corrupt organizations, or RICO. Bank of New York Mellon lawyers are fielding Richard Thornburgh, a former U.S. attorney general and Pennsylvania governor.

The RICO statue has never been successfully ruled on in a foreign court, according to lawyers. If the Moscow court agrees to apply the U.S. law, some lawyers predict it would open the floodgates for a slew of similar claims.



Iran Executes 29 Convicts in One Day
International | 2008/07/28 02:37

Iran hanged 29 people at dawn on Sunday after they had been convicted of murder, drug trafficking and other crimes, state run television reported.

All were hanged inside Evin prison, north of the capital. The hangings were carried out after the death sentences were ratified by Iran's Supreme Court, the television report said.

A separate report on the television station's web site quoted Tehran Chief Prosecutor Saeed Mortazavi as saying the men had records of repeated crimes, including rape, armed robbery and murder. The web site also said some of the convicts had "smuggled thousands of kilograms of various kinds of narcotics" in and out of Iran.

The hangings brought to about 150 the number of people executed in Iran so far this year.

International human rights groups have accused Iran of making excessive use of the death penalty, but Iranian officials say capital punishment is an effective deterrent carried out only after all judicial proceedings are exhausted.

The Rome-based Hands Off Cain, which campaigns to stop the death penalty, said last week that at least 355 people were put to death in Iran last year, compared with 215 in 2006. The group said the actual figure may be even higher because Iran does not publish official statistics on the number of executions.

The 355 executions placed Iran second only to China as the world's biggest executioner.

The group said China alone accounted for at least 5,000 executions based on reports by the media and other human rights groups.

Iranian rights activists said earlier this month that authorities have sentenced eight women and one man convicted of adultery to death by stoning.



Serb court awaits Karadzic's appeal
International | 2008/07/27 08:35

Radovan Karadzic's lawyer said he expected his client to be extradited before a Tuesday evening anti-government rally by ultranationalist supporters of the war crimes suspect.

The rally organizers — the right-wing Serbian Radical Party — plan to bus Karadzic's supporters from all over Serbia and Bosnia. There are fears of violence on Belgrade streets and that the ultranationalists will try to prevent Karadzic's extradition by force.

The war crimes court in Belgrade that is dealing with the case of the ex-Bosnian Serb leader said Monday that his appeal had not arrived by the start of morning office hours.

Karadzic's lawyer Svetozar Vujacic said he mailed the appeal at the last possible moment late Friday, trying to delay Karadzic's extradition to the tribunal in The Hague, Netherlands, for as long as possible.



Bush nominates judge for 3rd US appeals court
Political and Legal | 2008/07/26 08:41

President Bush on Thursday nominated Paul S. Diamond to the 3rd U.S. Circuit Court of Appeals in Philadelphia, withdrawing his earlier pick for the job after she drew opposition in the Senate.

If confirmed by the Senate, Diamond, a federal district judge in eastern Pennsylvania since 2004, would fill one of two open seats on the federal appellate bench, which covers Pennsylvania, Delaware, New Jersey and the Virgin Islands.

Bush withdrew his nomination of Gene E.K. Pratter after she was opposed by some lawmakers for her conservative judicial views.

If Diamond succeeds in being elevated to the appellate court, that will leave a total of four vacancies on the Eastern District of the Pennsylvania bench.

To fill those, Bush nominated Bucks County Common Pleas Judge Mitchell Goldberg, Philadelphia Common Pleas President Judge C. Darnell Jones II, Philadelphia attorney Carolyn Short and Philadelphia criminal defense attorney Joel H. Slomsky.

Diamond, 55, is a native of Brooklyn, N.Y. He went to Columbia University in the 1970s and earned his law degree from the University of Pennsylvania Law School in 1977.

He has worked as a former assistant district attorney, a law clerk at the Pennsylvania Supreme Court, a partner in two law firms and as an adjunct professor at Temple University's Beasley School of Law in Philadelphia.



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