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Driver due in court in Cleveland officer's hit-and-run death
Legal News |
2017/01/26 09:58
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The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.
Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.
Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.
Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.
A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.
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Supreme Court to hear case about party in vacant DC house
Legal News |
2017/01/20 12:31
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The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.
The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.
Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.
Several of the partygoers said someone named "Peaches" gave them permission to have the party.
But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.
The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.
The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.
A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.
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Court ponders mass murderer Breivik's prison conditions
Legal News |
2017/01/18 12:31
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An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.
If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February. |
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Those who lost North Carolina driver's licenses are restored
Legal News |
2017/01/07 12:31
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Court officials say North Carolinians who lost their driver's licenses because of problems at the Department of Motor Vehicles have gotten them back.
The Winston-Salem Journal reported that Forsyth County Clerk of Court Susan Frye said in May that thousands of North Carolina drivers had lost their licenses because DMV officials had not updated records.
Frye said the state agency did not update driver's records to show when people complied with requirements such as taking care of a ticket or getting a re-scheduled court date.
The exact number of people affect is unclear. Frye says the DMV has done a great job of fixing the problems. She says she's getting virtually no complaint calls now. |
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Pakistan's top court seeks reply from PM over money scandal
Legal News |
2016/10/21 03:59
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Pakistan's Supreme Court Thursday sought a reply from Prime Minister Nawaz Sharif in response to several petitions seeking his resignation over a financial scandal involving his family.
The court gave Sharif two weeks to submit his response, Sharif's aides and opposition leaders told reporters outside the courthouse.
The premier has been under pressure from the opposition to step down because his family members were named as holders of offshore bank accounts in leaked financial documents from Panamanian law firm Mossack Fonseca.
One of the petitions has come from the opposition party of cricketer turned politician Imran Khan who is threatening to bring tens of thousands of protesters to the capital, Islamabad, on Nov. 2 to press for Sharif's disqualification. This was the first step to make the prime minister answerable to the law, Khan said. "We wanted to have it settled in parliament, but the prime minister didn't present himself there for accountability."
He said the court proceedings didn't mean that he would postpone the street rallies.
Sharif's aide and Pakistani Defense Minister Khawaja Muhammad Asif said the government was ready to be transparent and accountable. "We will never escape," he said. "We're ready for accountability at any forum."
Another of Sharif's ministers Khawaja Saad Rafique said there was no reason for any more protest rallies now that the country's top court had taken up the issue.
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Court enters default judgment in Kansas voting rights case
Legal News |
2016/10/14 06:00
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A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.
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Israel's Supreme Court rejects former PM Olmert's appeal
Legal News |
2016/09/29 20:11
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Israel's imprisoned former Prime Minister Ehud Olmert faces an additional eight months behind bars after the country's Supreme Court rejected an appeal.
Olmert is already serving a 19-month sentence after being convicted of bribery and obstructing justice. The court this week unanimously rejected the appeal of a separate set of charges that included accepting cash-stuffed envelopes from a U.S. businessman.
He began his sentence in February. Olmert was a longtime fixture in Israel's hawkish right wing when he began taking a dramatically more conciliatory line toward the Palestinians as deputy prime minister a decade ago.
He played a leading role in Israel's withdrawal from the Gaza Strip in 2005. He became prime minister in January 2006 after then-Prime Minister Ariel Sharon suffered a debilitating stroke.
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