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Mich. court gives judges say in witnesses' dress
Breaking Legal News | 2009/06/17 09:12
The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.


A statewide court rule letting judges regulate the appearance of witnesses — such as asking them to remove face coverings — was approved by a 5-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.

Justices heard last month from a Muslim woman who sued because her small claims case was dismissed when she refused to remove her veil.

Hamtramck District Judge Paul Paruk told Ginnnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the 2006 hearing.

Some Muslim leaders interpret the Quran to require that women wear a headscarf, veil or burqa in the presence of a man who is not their husband or close relative.

After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association got behind a court rule giving judges "reasonable" control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified.

The two justices who voted against the rule Wednesday said they favored a religious exception endorsed by the American Civil Liberties Union of Michigan and religious groups.

Muhammad originally went to court to contest a $3,000 charge from a rental-car company to repair a vehicle that she said thieves had broken into.

The Detroit area is home to one of the country's largest Muslim populations. Legal observers have said the veil flap is a cutting-edge issue that will arise elsewhere in the United States.



High court won't review 'Cuban 5' espionage case
Breaking Legal News | 2009/06/16 05:34
Cuban exiles said Monday they were relieved the Supreme Court refused to review the convictions of five intelligence agents for the communist country, despite calls from Nobel Prize winners and international legal groups to consider the case.


The convictions stand against the so-called "Cuban Five," who maintain they did not receive a fair trial because of strong anti-Castro sentiment in Miami. The men have been lionized as heroes in Cuba. Exile groups say they were justly punished.

The five — Gerardo Hernandez, Ramon Labanino (aka Luis Medina), Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez (aka Ruben Campa) — were convicted in 2001 of being unregistered foreign agents. Three also were found guilty of conspiracy to obtain military secrets from the U.S. Southern Command headquarters.

Hernandez was convicted of murder conspiracy in the deaths of four pilots, members of the Miami-based Brothers to the Rescue organization, who were shot down by Cuban fighter jets in 1996 off the island's coast. The group sought to identify and help migrants leaving Cuba by sea. The Cuban government maintains the planes violated its airspace to scatter political pamphlets over the island.



Court goes further spelling out deportation rules
Breaking Legal News | 2009/06/15 08:57
The Supreme Court says immigration officials do not have to have a jury determine the financial impact of an immigrant's crime in their deportation decisions.


The court, in an unanimous decision Monday, turned away Manoj Nijhawan's appeal. Nijhawan, who immigrated to the United States from India in 1985, had been convicted of fraud and money laundering, and stipulated that that the loss exceeded $100 million. The government then started deportation proceedings.

The law says any immigrant convicted of an aggravated felony at any time is deportable. A related statute said aggravated felonies include fraud and deceit in which the loss exceeds $10,000.

Nijhawan argued that a jury should have determined the loss before he could be deported. But the court disagreed with his arguments.

"The defendant's own stipulation, produced for sentencing purposes, shows that the conviction involved losses considerably greater than $10,000," Justice Stephen Breyer said in the opinion written for the court.



Supreme Court turns down Conrad Black bail request
Breaking Legal News | 2009/06/12 09:31
The Supreme Court on Thursday turned down former media executive Conrad Black's request to be released from a Florida prison while he appeals his fraud conviction.


Black has served nearly 15 months of a 6 1/2-year prison term following his conviction in July 2007.

In early May, the high court agreed to hear an appeal from Black and two other former executives of the Hollinger International media company who were convicted in connection with payments of $5.5 million they received from a Hollinger subsidiary.

In an order released by the court, Justice John Paul Stevens denied Black's request for bail pending his appeal.

The Supreme Court probably won't hear arguments in the case until late this year and a decision is unlikely before late winter.

Black can still ask a federal trial judge for bail. The judge who presided over the trial has already said one of the men, John Boultbee, can be released on bond.

Hollinger once owned the Chicago Sun-Times, the Daily Telegraph of London, the Jerusalem Post and hundreds of community papers across the United States and Canada. All of Hollinger's big papers except the Sun-Times have now been sold and the company that emerged changed its name to Sun-Times Media Group.



Judge finds violation in Calif. forest planning
Breaking Legal News | 2009/06/12 03:36
Federal agencies violated the Endangered Species Act by developing plans for four national forests in California without adequately addressing the impact on endangered animals, a judge ruled.


The judge's order will require estimates of how forest projects may harm endangered or threatened plants and animals such as the California condor and the gnatcatcher.

"This ruling is a great victory for the rare and endangered species that call the Southern California forests home," said Ileene Anderson, a biologist with the Center for Biological Diversity, one of the groups that sued the federal agencies.

The U.S. Forest Service revised its plans for the Cleveland, Los Padres and San Bernardino forests in 2005, laying out how the land and resources would be overseen for the next decade, including the management of roads, trails and recreation.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service provided estimates on the potential impact of these plans on wildlife, but critics said they didn't include required measures to minimize harm to endangered species.

Judge Marilyn Hall Patel ruled Monday in San Francisco that the agencies did not follow the species protection law by omitting statements detailing how the forest plans may harm endangered species. The agencies said they planned to do so when specific projects were undertaken.



2 Alaska lawmakers could be freed, review ordered
Breaking Legal News | 2009/06/11 07:37
Two former Alaska state lawmakers could be released from prison soon after a federal appeals court Wednesday ordered their corruption convictions reviewed.


The orders were expected after the U.S. Justice Department last week concluded prosecutors improperly handled evidence in the 2007 trials of former Alaska House Speaker Pete Kott and former Rep. Vic Kohring, both Republicans.

U.S. District Court Judge John Sedwick on Wednesday ordered U.S. marshals to transport Kott and Kohring from federal prisons to Anchorage as soon as is reasonable for bail hearings. Last week, U.S. Attorney General Eric Holder had asked that the former lawmakers be released on their own recognizance.

A three-judge panel of the 9th U.S. Circuit Court of Appeals earlier in the day granted Kott's request for bail, subject to terms set by Sedwick. The judges ordered the immediate release of Kohring, again with Sedwick setting conditions.



Ill. horse racing tracks hope for riverboat money
Breaking Legal News | 2009/06/10 04:43

Four Illinois riverboat casinos failed to get the U.S. Supreme Court to hear their challenge to a law requiring them to share their profits with the state's ailing horse racing tracks.

The court's Monday decision means Illinois tracks expect to share in an estimated $80 million -- money set aside under a 2006 law requiring state riverboat casinos that gross over $200 million annually to give 3 percent of their take to the horse racing industry.

The boats -- in Aurora, Elgin, and two in Joliet -- asked the high court to review whether the law violated the U.S. Constitution's prohibition on unwarranted seizure of assets. The Illinois Supreme Court ruled last year that the "takings" clause applies to government acquisition of private land, not taxes.

The casinos had paid the fee in protest and money was set aside in a special state account during the three-year life of the law. About $79 million was in the account at the time of last June's state court ruling.



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