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Islamic scholar acquitted of rape by Swiss court
Press Releases |
2023/05/24 19:11
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A Swiss court on Wednesday acquitted noted Islamic scholar Tariq Ramadan on charges of rape and “sexual constraint,” citing lack of material evidence more than a decade after the alleged actions, contradictory witness statements and what resembled love messages to the accused.
The court said it would pay Ramadan’s lawyers’ fees. It was a first victory for the former Oxford scholar with a worldwide reputation who had a brutal fall from grace with similar accusations still pending in France.
Ramadan faces potential trial in France over allegations by several other women that emerged more than five years ago.
Ramadan, a Swiss citizen, was jailed in February 2018 in France and handed preliminary rape charges over two alleged assaults in France, one in 2009 and another in 2012. A third woman filed a rape complaint against him in March. He was released on bail nine months later.
The outspoken scholar has consistently denied any wrongdoing and filed a lawsuit saying the allegations were false.
In the Swiss case, the court noted that it didn’t pass judgment on Ramadan’s sexual practices or his morality. A statement said the plaintiff’s accusations weren’t corroborated by any material elements, including traces of sperm or blood. It also considered the “the numerous internet exchanges” between the Swiss plaintiff and several people implicated in the French case were “of a nature to influence” what she and witnesses told the court.
The court said that messages the plaintiff exchanged with Ramadan immediately after the acts in question and for weeks later appear more like “messages of love and, above all, make no mention” of her allegations during a night at a hotel.
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Protasiewicz leads in money race for Wisconsin Supreme Court
Press Releases |
2023/01/18 23:20
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Milwaukee County Circuit Judge Janet Protasiewicz raised more money over the last six months of 2022 than her three rivals combined in the pivotal race that will determine majority control of the Wisconsin Supreme Court.
Protasiewicz along with Dane County Circuit Judge Everett Mitchell are running as liberal candidates in the race. Waukesha County Circuit Judge Jennifer Dorow and former Wisconsin Supreme Court Justice Dan Kelly are the conservative candidates.
The top two vote-getters in the Feb. 21 primary will advance to the April 4 election. The winner replaces conservative Justice Patience Roggensack, who is retiring.
Races for the Wisconsin Supreme Court are officially nonpartisan, but candidates for years have aligned with either conservatives or liberals as the contests have become expensive partisan battles. The conservative-controlled court for more than a decade has issued consequential rulings in favor of Republicans, with major cases looming that could determine the future of abortion laws, redistricting and rules of elections.
The candidates and outside interests that have promised to spend millions on the race have been relatively quiet up to this point, more than a month before the primary. But those on both sides have made clear they see the race as crucial in the battleground state, with whoever winning determining ideological control of the court heading into the 2024 presidential race and at least a year after.
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Judge won’t halt execution over intellectual disability
Press Releases |
2022/03/29 23:26
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A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.
Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again. The 45-page decision comes despite agreement between Nashville’s district attorney and Black’s lawyers that he is intellectually disabled and should not be put to death.
Black is scheduled to be executed on Aug. 18 for his murder convictions in the April 1988 killings of his girlfriend and her two young daughters.
Black’s attorneys had argued the 65-year-old should be spared under a 2021 law that made Tennessee’s prohibition against executing people with intellectual disability retroactive, pointing out there is a different standard in place now than in 2004 — when the court found that Black didn’t meet the now-obsolete definition of “mental retardation.” Previously, Tennessee had no mechanism for an inmate to reopen a case to press an intellectual disability claim.
However, Kurtz ultimately concluded that the new state law does not apply to death row inmates who had previously received a ruling from a prior court.
“This Court fails to see how the federal courts’ resolution of petitioner’s intellectual disability claim can be seen as anything other than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of (Tennessee law),”Kurtz wrote. “Given the above, the Court finds that Mr. Black had a full and fair previous adjudication on the merits of his intellectual disability claim.”
Black was convicted by a Nashville court in the deaths of girlfriend Angela Clay, 29, and her daughters Latoya, 9, and Lakesha, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.
Earlier this month, District Attorney Glenn Funk — Nashville’s lead prosecutor — announced that he agreed with Black’s legal team that the inmate was intellectually disabled and should instead face a sentence of life in prison.
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Split Supreme Court appears ready to allow Trump to end DACA
Press Releases |
2019/11/16 11:49
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Sharply at odds with liberal justices, the Supreme Court’s conservative majority seemed ready Tuesday to allow the Trump administration to abolish protections that permit 660,000 immigrants to work in the U.S., free from the threat of deportation.
That outcome would “destroy lives,” declared Justice Sonia Sotomayor, one the court’s liberals who repeatedly suggested the administration has not adequately justified its decision to end the seven-year-old Deferred Action for Childhood Arrivals program. Nor has it taken sufficient account of the personal, economic and social disruption that might result, they said.
But there did not appear to be any support among the five conservatives for blocking the administration. The nine-member court’s decision is expected by June, at the height of the 2020 presidential campaign.
President Donald Trump said on Twitter that DACA recipients shouldn’t despair if the justices side with him, pledging that “a deal will be made with the Dems for them to stay!” But Trump’s past promises to work with Democrats on a legislative solution for these immigrants have led nowhere.
The president also said in his tweet that many program participants, brought to the U.S. as children and now here illegally, are “far from ‘angels,’” and he claimed that “some are very tough, hardened criminals.” The program bars anyone with a felony conviction from participating, and serious misdemeanors may also bar eligibility. |
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Court Weighing Whether Judge Can Unseal Lynching Records
Press Releases |
2019/10/28 01:11
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A historian’s effort to unseal grand jury records from the brazen 1946 lynching of two black couples on a Georgia riverbank prompted tough questions in a federal appeals court, but the judges also suggested there might be another way to win release of the records.
The young black sharecroppers were traveling a rural road in the summer of 1946 when a white mob stopped the car beside the Apalachee River, about 50 miles (80 kilometers) east of Atlanta. The mob dragged them out, led them to the river’s edge and shot them to death in a case that horrified the nation that year.
The FBI investigated for months and more than 100 people reportedly testified before a grand jury, but no one was ever indicted in the deaths of Roger and Dorothy Malcom and George and Mae Murray Dorsey at Moore’s Ford Bridge in Walton County.
Historian Anthony Pitch wrote about the unsolved killings ? “The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town” ? and continued his research after the book’s 2016 publication. He learned transcripts of the grand jury proceedings, once thought to have been destroyed, were stored by the National Archives.
Pitch, died in June at age 80, before his case could be resolved, but his widow is continuing the fight, along with Laura Wexler, who wrote another book about the lynching and joined the case at the family’s request.
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GOP candidate asks North Carolina court to declare he won
Press Releases |
2019/01/03 09:01
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The Republican in the nation's last undecided congressional race asked a North Carolina court Thursday to require that he be declared the winner because the now-defunct state elections board didn't act.
A lawsuit by GOP candidate Mark Harris claims the disbanded elections board had been declared unconstitutional, so its investigation into alleged ballot fraud by an operative hired by the Republican's campaign was invalid.
The elections board was dissolved Dec. 28 by state judges who in October declared its makeup unconstitutional but had allowed investigations to continue. A revamped board doesn't officially come into existence until Jan. 31.
"Time is of the essence," Harris' lawsuit states. Because the new elections board won't be created for weeks, "the uniform finality of a federal election is endangered by the State Board's actions and the citizens of the 9th District have no representation in Congress."
State elections staffers on Wednesday said a planned Jan. 11 evidentiary hearing to outline what investigators have found since November's election had to be postponed due to the lack of a board authorized to subpoena witnesses and hold hearings.
The investigation is continuing, however, with Harris being interviewed for two hours Thursday as all other U.S. House winners were sworn into office in Washington.
"We certainly want to help in any way we can with any investigation to get to the bottom of it, but we believe that, again, that I should be certified," Harris said. "We don't believe that the number of ballots in question would change the outcome of this election and we believe, again, that that is the standard ultimately that the board of elections looks to."
Harris narrowly led Democrat Dan McCready in unofficial vote counts, but the elections board refused to certify him as the winner amid an unusually large number of unused absentee ballots and a large advantage in absentees favoring the Republican in two of the 9th congressional district's rural counties.
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Mixed rulings for Republicans from Kentucky Supreme Court
Press Releases |
2018/11/15 15:02
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In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.
Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.
The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.
The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."
Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate. |
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