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Appeals court sets aside conviction of bin Laden assistant
Court Watch |
2015/06/13 12:11
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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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Egypt court sentences 11 to death over 2012 soccer riot
Legal Business |
2015/06/12 12:11
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An Egyptian criminal court from the Mediterranean city of Port Said on Tuesday sentenced 11 people to death over a 2012 soccer riot that killed more than 70 people and injured hundreds in what was Egypt's worst soccer disaster to date and one of the world's deadliest.
The verdict, read by presiding judge Mohammed el-Said, came at the end of the retrial of 73 defendants in a case that sparked deadly riots in 2013 in Port Said, prompting then-President Mohammed Morsi to declare a state of emergency in the city.
The court also sentenced 40 defendants to up to 15 years in prison and acquitted the rest. The verdicts can be appealed.
The hearings in the case, including the sentencing on Tuesday, were held in Cairo, not in Port Said, for security reasons.
The earlier trial ended in March 2013, when 21 defendants were sentenced to death, while others received jail terms that ranged from one to 25 years in prison. Twenty-eight were acquitted. The rulings were appealed and a retrial was ordered by Egypt's Court of Cassation in February last year.
The February 2012 riot began at the end of a league match in Port Said between Cairo's Al-Ahly, Egypt's most successful club, and home side Al-Masry. The riot led to the temporary suspension of Egypt's top flight soccer league. The league later resumed, but with matches played in empty stadiums.
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Man accused of Jewish site shootings to appear in court
Breaking Legal News |
2015/06/11 12:11
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A Missouri man facing capital murder charges in Kansas is scheduled to be in court Wednesday for a hearing on motions in his case, one asking a judge to let him stay in the courtroom during recesses and another to suppress certain evidence.
Frazier Glenn Miller Jr., 74, of Aurora, Missouri, is accused of killing three people last year at two Jewish sites in the Kansas City suburb of Overland Park, Kansas.
The avowed white supremacist has told various media outlets, including The Associated Press, he is dying from emphysema and went to the sites with the intent to kill Jewish people.
All three of the victims of the April 13, 2014, rampage — William Lewis Corporon, 69, his 14-year-old grandson, Reat Griffin Underwood, and Terri LaMano, 53 — were Christians.
Also known as Frazier Glenn Cross, Miller got permission last month from Johnson County District Judge Kelly Ryan to fire his attorneys and represent himself. However, Ryan ruled that the attorneys would stay involved in the case on a stand-by basis and could be restored as Miller's counsel if he gets kicked out of the courtroom during his trial or decides he wants them back.
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New Jersey's top court sides with Christie on pensions
Class Action |
2015/06/10 12:10
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New Jersey's top court sided with Gov. Chris Christie on Tuesday, giving him a major victory in a fight with public worker unions over pension funds and sparing a new state budget crisis.
The state Supreme Court overturned a lower-court judge's order that told the Republican governor and the Democrat-controlled Legislature to work out a way to increase pension contributions for the current fiscal year, which ends June 30.
In a 5-2 ruling, the court said there wasn't an enforceable contract to force the full payment, as unions had argued there was.
"That the State must get its financial house in order is plain," Justice Jaynee LaVecchia wrote in the majority opinion. "The need is compelling in respect of the State's ability to honor its compensation commitment to retired employees. But this Court cannot resolve that need in place of the political branches. They will have to deal with one another to forge a solution to the tenuous financial status of New Jersey's pension funding in a way that comports with the strictures of our Constitution."
She noted that the state is obligated to pay individual retirees their pensions. That's not in danger this year, but unions say the funds could start going insolvent within the next decade.
Justice Barry Albin dissented and was joined by Chief Justice Stuart Rabner.
"The decision unfairly requires public workers to uphold their end of the law's bargain — increased weekly deductions from their paychecks to fund their future pensions — while allowing the State to slip from its binding commitment to make commensurate contributions," Albin wrote. "Thus, public workers continue to pay into a system on its way to insolvency."
One of Christie's signature achievements as governor has been a 2011 deal on pensions for public workers. Employees had to pay more and the government was locked into making up for years of skipped or reduced contributions.
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Oscar Pistorius case: Court sets November for appeal
Breaking Legal News |
2015/06/08 12:10
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Oscar Pistorius' case will go in front of South Africa's Supreme Court of Appeal in November, the court said Monday, when prosecutors will challenge the decision to acquit him of murder for shooting girlfriend Reeva Steenkamp.
Pistorius would again face the possibility of a murder conviction and a minimum of 15 years in prison if a panel of judges at the Supreme Court of Appeal overturns the original decision in his murder trial.
The court has not yet set an exact date for the appeal, court registrar Paul Myburgh told The Associated Press, but it will be in November. That will be three months after Pistorius is eligible for release from prison to serve the remainder of his current sentence, for a culpable homicide conviction, under house arrest.
Pistorius was acquitted of murder last year for killing Steenkamp in 2013 by shooting her multiple times through a closed toilet door in his Pretoria home. The runner claimed he mistook Steenkamp for a nighttime intruder.
He was convicted instead of culpable homicide, a charge similar to manslaughter, and sentenced to five years in a jail in the South African capital, Pretoria.
Prosecutors appealed the decision by trial Judge Thokozile Masipa, saying the double-amputee Olympic athlete should have been found guilty of murder. In December, Masipa granted prosecutors permission to appeal her finding at the Supreme Court of Appeal. |
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High court: Officials immune in suit over inmate suicide
Breaking Legal News |
2015/06/04 16:37
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The Supreme Court says former Delaware prison administrators are immune from a lawsuit over a 2004 inmate suicide.
The justices on Monday ruled against the family of Christopher Barkes, who hanged himself just hours after being arrested for violating probation.
A federal appeals court ruled last year that the family could pursue claims that the prison violated Barkes' constitutional rights by failing to conduct a proper suicide prevention screening.
But the justices in an unsigned opinion said there was no clearly established law at the time giving inmates a right to adequate suicide prevention protocols. |
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Health law court case winner could be political loser
Breaking Legal News |
2015/06/04 16:37
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he party that wins the impending Supreme Court decision on President Barack Obama's health care law could be the political loser.
If the Republican-backed challenge to the law's subsidies for lower-earning Americans prevails, the GOP would have achieved a paramount goal of severely damaging "Obamacare." But Republican lawmakers would be pressured to help the millions of Americans who could suddenly find government-mandated medical coverage unaffordable — and they'd face blame from many voters if they failed to provide assistance.
"If you win the case you actually have people who lost their insurance. You now share the responsibility for fixing it," said former Rep. Tom Davis, R-Va., who once led the House GOP campaign committee. "And you've got a lot of pissed off people. That hurts you."
Should the Obama administration win, relieved Democrats would crow that Obama's foremost domestic achievement had stood unscathed. But some say they'd have lost a potentially powerful cudgel for the 2016 campaigns: Being able to accuse Republicans of ending the assistance and disrupting health coverage for many.
If Democrats lose in court, "It completely reverses the issue and puts us back on offense on health care," said Rep. Steve Israel, D-N.Y., one of his party's chief message crafters. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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