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Polish prosecutors investigate court head for abuse of power
Legal Watch |
2016/08/19 23:45
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Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.
The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.
Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.
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Court rejects Cosby's attempt to reseal testimony on affairs
Legal Watch |
2016/08/16 23:46
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A federal appeals court on Monday rejected Bill Cosby's effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women, saying the documents are now a matter of public knowledge.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the comedian's appeal was moot. "The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed," the court wrote in an opinion.
Cosby's attorneys hoped a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the married comic once known as "America's Dad" for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked 1980s TV show, "The Cosby Show," admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request from The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women. |
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Candidate filing begins Monday for appeals court seat
Legal Watch |
2016/07/10 15:49
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Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.
The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.
Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.
The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November. |
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Obama rebukes Poland over paralysis of constitutional court
Legal Watch |
2016/07/04 15:50
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U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.
Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.
"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."
Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.
Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.
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Man admits kidnapping teen girl, raping her during captivity
Legal Watch |
2016/06/14 20:13
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A man who kidnapped a 14-year-old girl when she accepted his offer of a ride home from school because her feet were sore, held her in captivity for nine months and raped her repeatedly at his trailer acknowledged his crimes on Thursday.
Nathaniel Kibby pleaded guilty to kidnapping, aggravated felonious sex assault and criminal threatening, and prosecutors asked for a sentence of 45 to 90 years in prison for him.
Kibby, who had pleaded not guilty shortly after his arrest, had been scheduled to go on trial next month on nearly 200 felony charges related to the girl's October 2013 disappearance and the months that followed. But he changed his plea to guilty at a hearing on Thursday.
Before the 35-year-old Kibby could enter his new plea, a prosecutor said Kibby had kidnapped the girl by offering her a ride home from her school and then brandishing a gun when she attempted to get out of his car.
Prosecutor Jane Young said the girl and Kibby didn't know each other and she accepted the ride because she'd worn boots to school and her feet were blistered. Young said when the girl tried to get out of the car in a parking lot Kibby pulled out the gun and threatened to "blow her brains out."
Kibby also pleaded guilty to witness tampering and other offenses. Last week, a judge ruled Kibby's lawyers could not question the girl before his trial about her exposure to media coverage and the amount of freedom she was given to move about his trailer in Gorham, where prosecutors say he used a stun gun, zip ties and a shock collar to control her.
Kibby was charged with kidnapping the girl on Oct. 9, 2013, as she walked home from her high school in Conway. The girl returned to her home in North Conway the night of July 20, 2014, but prosecutors have not elaborated on the circumstances of her return. She waited until a week after she was home to reveal Kibby's identity. She was able to identify Kibby because she spotted his full name inside a cookbook in his home.
Lawyers hired by the girl's family said she had suffered "numerous acts of unspeakable violence" during her months of captivity. Their statement was largely a plea for privacy and did not elaborate on what she endured. The girl, who is now 17 years old, attended Thursday's hearing.
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Swedish court upholds arrest warrant for Julian Assange
Legal Watch |
2016/06/12 20:13
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A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.
The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."
The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."
Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.
"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.
Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.
He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud. |
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Missouri Appeals Court to decide fight over frozen embryos
Legal Watch |
2016/06/06 06:34
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The Missouri Court of Appeals is being asked to decide whether a divorced St. Louis County couple's two frozen embryos are property or human beings with constitutional rights.
Jalesia McQueen, 44, is suing to be able to use the embryos, which have been stored for six years, to have more children. Her ex-husband, Justin Gadberry, 34, doesn't want to have any more children with McQueen and doesn't believe he should be required to reproduce.
The two signed an agreement in 2010 that would give McQueen the embryos if they divorced, but Gadberry sought to prevent that from happening when the pair did split. St. Louis County Family Court Commissioner Victoria McKee ruled in 2015 that the embryos were "marital property" and gave joint custody to the estranged couple, which required McQueen and Gadberry to agree on the embryos' future use.
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