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Court filing questions innocence panel insistence on secrecy
Court Center |
2017/06/04 18:47
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As a man convicted of murder tries to prove to the North Carolina's innocence commission that he didn't commit the crime, his attorney says the commission has misled a judge in order to keep its files secret, causing delays in the case.
Attorney Chris Mumma represents Robert Bragg, who's serving a sentence of life without parole for a 1994 slaying. Bragg contends he's innocent. Last September his case came before the North Carolina Innocence Inquiry Commission, a state agency established to investigate and evaluate post-conviction innocence claims. The commission referred it to a three-judge panel, which is scheduled to hold a hearing in July — 10 months after the original commission hearing and two months after the original May hearing date.
The delay came, in part, as Bragg's attorney fought a protective order that the commission said was necessary to shield a confidential investigative file. The commission said evidence in the file was obtained through methods that require it to be kept under a stricter level of judicial protection than other criminal investigative files.
But in a court filing, Mumma says the commission misrepresented the file's contents. In fact, only one protective order was found in the documents, and defense attorneys already had received that file, Mumma said in the court filing last month in Bragg's case.
While Mumma now has the full commission file and can use it in this appeal, the protective order means she can't use it again in the future without seeking a judge's permission.
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Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Legal Watch |
2017/06/04 01:47
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Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.
The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.
"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."
Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.
Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."
"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."
Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year. |
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In one state, abused animals get a legal voice in court
Headline News |
2017/06/04 01:47
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.
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Trump admin asks Supreme Court to restore travel ban
Top Legal News |
2017/06/03 01:48
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The Trump administration has asked the Supreme Court to restore the ban on travel to the U.S. from citizens of six Muslim-majority countries.
Per Reuters: "The administration filed two emergency applications with the nine Court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening."
Last week, an appeals court in Richmond upheld the block on Trump's order. Chief Judge Roger Gregory ruled that it, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination." There have been conflicting rulings on the order, and on Trump's earlier attempt to implement the ban, as it has worked its way though the courts.
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East Timor court drops premier's libel case against media
Legal Watch |
2017/06/03 01:48
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An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.
Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.
Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.
"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.
Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.
The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.
The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.
The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.
A former colony of Portugal, it was occupied by Indonesia for a quarter century until a U.N.-sponsored independence referendum in 1999 sparked violent reprisals by the Indonesian military that killed many and destroyed its economy. |
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Doctor arrested at Trump hotel on gun charges due in court
Headline News |
2017/06/03 01:48
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The tip received by police was vague, but potentially dire: a Pennsylvania physician was on his way to the nation's capital with a carload of weapons, planning to visit the president.
As a result, Bryan Moles, 43, of Edinboro, Pennsylvania, was arrested on weapons charges after checking in to the Trump International Hotel in Washington, a few blocks from the White House.
He is expected to make an initial court appearance Thursday afternoon.
While the Secret Service interviewed Moles and determined he posed no threat to the president or anyone else they protect, D.C.'s police chief said the tip averted a potential disaster.
"I was very concerned about this circumstance," Chief Peter Newsham said. When people come to the District "armed with those types of weapons, it's a serious concern. ... He doesn't have a really good reason for being here."
Moles was charged with carrying a pistol without a license and having unregistered ammunition. A police report said authorities seized a Glock 23 pistol, a Bushmaster assault-style rifle and 90 rounds of ammunition from Moles' vehicle.
Newsham added that the department does not presently have enough evidence to charge Moles with making threats.
Newsham declined to comment on what may have motivated Moles. He said he did not have a license to carry firearms in the District, which has strict gun laws. He did not know whether he was licensed to carry in Pennsylvania. |
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Kim Jong Nam murder suspect asks her parents to pray for her
Legal News |
2017/06/02 01:49
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suspect in the poisoning death of the North Korean leader's half brother wrote to her parents from jail, asking them to pray for her but saying "don't think about me too much."
Siti Aisyah, an Indonesian mother who worked in Malaysia, appeared in court Tuesday along with a second suspect, Doan Thi Huong of Vietnam. Their trial was formally transferred to the High Court as the lower court had no jurisdiction to hear a murder case.
They are the only people who have been arrested in the assassination of Kim Jong Nam at the Kuala Lumpur airport on Feb. 13.
Kim Jong Nam murder suspect asks her parents to pray for her
The suspects are accused of smearing VX nerve agent on Kim's face in the crowded airport terminal; he died soon afterward. The women have said they were duped into thinking they were playing a harmless prank for a hidden-camera show.
Yusron Ambary, counsellor at the Indonesian Embassy, said Siti wrote a letter to her parents recently, asking them not to worry about her.
"I am in good health. Just pray. Don't think about me too much. Keep healthy and pray at night. I have a lot of people helping me. The embassy officials always come to see me, my lawyers also. Don't worry. Pray for me so that the case will be over soon and I can go back home. Send my love to my son Rio," he read from the letter to reporters outside the courtroom.
Armed escorts accompanied the women, who smiled at their embassy representatives as they were brought to the dock.
Prosecutor Iskandar Ahmad said the date for their first appearance in the High Court would usually be within a month. The suspects would then enter pleas and the trial would have to start within 90 days, Iskandar said.
The court was also informed that lawyer Jagjit Singh was appointed by the North Korean Embassy to monitor the case for them. Singh told reporters later that he was engaged to "protect the interest" of the North Korean government. He didn't elaborate.
Police have said four North Korean suspects fled Malaysia the day of the attack. Defense lawyers fear the women will be scapegoats because other people believed to have knowledge of the case left the country.
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