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Palestinian court extends activist's detention by 4 days
Top Legal News | 2017/09/17 16:07
A Palestinian court has extended the detention of a prominent activist who criticized the autonomy government of President Mahmoud Abbas.

Farid al-Atrash, the lawyer of Issa Amro, said Thursday that the court had extended his client's detention for four days.

He says Amro is being held under a recent edict that allows the government to crack down on social media critics. In a Facebook post, Amro criticized the detention of a local journalist who called for Abbas' detention.

"This is a black day in the history of the Palestinian judicial system and for Palestinian freedom of expression," al-Atrash said.

Amro was detained on Monday and has been on a hunger strike since then. Amro, 35, also faces charges in an Israeli military court. His trial is to resume in October.


Indian court sentences 2 men to death in 1993 Mumbai blasts
Top Legal News | 2017/09/12 16:06
An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.

The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.

The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.

Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.

He fled India after the bombings and was later arrested by police in Portugal.

The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.

Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.

The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.

Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India.



Hailey attorney named to Idaho District Court bench
Top Legal News | 2017/08/12 23:08
Central Idaho attorney Ned Williamson has been named the new judge in Idaho's 5th District Court.

Gov. C.L. "Butch" Otter selected Williamson, a Hailey resident, to replace recently retired Judge Robert Elgee in Blaine County.

The Times-News newspaper reports Williamson served as a deputy prosecutor in both Canyon and Blaine counties before opening his private law practice in 2001. Williamson was one of four candidates submitted to Otter for the judgeship.

Otter said Williamson's local experience will serve him well on the bench. Williamson said he's honored by the selection and will dedicate himself to being a fair and impartial judge.


British cybersecurity expert pleads not guilty to US charges
Top Legal News | 2017/08/09 23:08
A British cybersecurity researcher credited with helping curb a recent worldwide ransomware attack pleaded not guilty Monday to federal charges accusing him of creating malicious software to steal banking information three years ago.

Marcus Hutchins entered his plea in Wisconsin federal court, where prosecutors charged him and an unnamed co-defendant with conspiring to commit computer fraud in the state and elsewhere. Authorities arrested the 23-year-old man on Aug. 2 at McCarran International Airport in Las Vegas, where he was going to board a flight to his home in Ilfracombe, England. He had been in Las Vegas for a cybersecurity convention.

Hutchins is free on $30,000 bail, but with strict conditions. His bond has been modified so that he can stay in Los Angeles near his attorney and travel anywhere in the U.S., but Hutchins is not allowed to leave the country. He is currently staying at a hotel in Milwaukee.

He was also granted access to use a computer for work, a change from an earlier judge's order barring him from using any device with access to the internet. Hutchins' current work wasn't detailed at Monday's hearing. The next hearing in the case was set for Oct. 17.

Hutchins' attorney, Adrian Lobo, hasn't responded to several phone messages left by The Associated Press over the last week.

The legal troubles Hutchins faces are a dramatic turnaround from the status of cybercrime-fighting hero he enjoyed four months ago when he found a "kill switch" to slow the outbreak of the WannaCry virus. It crippled computers worldwide, encrypting files and making them inaccessible unless people paid a ransom ranging from $300 to $600.

Prosecutors allege that before Hutchins won acclaim he created and distributed a malicious software called Kronos to steal banking passwords from unsuspecting computer users. In addition to computer fraud, the indictment lists five other charges, including attempting to intercept electronic communications and trying to access a computer without authorization.

The indictment says the crimes happened between July 2014 and July 2015, but the court document doesn't offer any details about the number of victims. Prosecutors have not said why the case was filed in Wisconsin. The name of Hutchins' co-defendant is redacted from the indictment.


Court: Detained immigrant children entitled to court hearing
Top Legal News | 2017/07/09 09:39
Immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the U.S., a federal appeals court said Wednesday.

The 9th U.S. Circuit Court of Appeals said two laws passed by Congress did not end the right to a bond hearing for unaccompanied immigrant children who are detained by federal authorities.

Tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras and El Salvador have entered the U.S. in recent years.

Federal officials place the vast majority of them with family in the U.S., who care for the minors while they attend school and while their cases go through the immigration court system.

But the Department of Human Services has the authority to hold children in secure facilities if they pose a danger to themselves or others or have committed a crime. Some have spent months in detention.

Immigration advocates estimate the size of the group in secure custody at several hundred children and say bond hearings allow them to understand why they are being held and challenge their detention.

"If you don't give kids transparency and a clear finite date when their detention will end you see all kinds of psychological effects," said Holly Cooper, co-director of the Immigration Law Clinic at the University of California, Davis.

Cooper represented plaintiffs in the legal fight over the bond hearings. The 9th Circuit ruling cited a declaration from one teenager who was held for 16 months, mostly at a juvenile detention center in Northern California. The teen, referred to only by his first name, Hector, said federal officials provided no explanation for his continued detention, and he received no hearing before an immigration judge. He was eventually released to his mother.

The Obama administration argued that two laws — one approved in 2002 and the other in 2008 — did away with the bond hearing requirement in a 1997 court settlement by giving the human services department all authority over custody and placement decisions for unaccompanied children.

The Department of Justice said in a 2016 court filing that immigration judges "are not experts in child-welfare issues and possess significantly less expertise in determining what is in the best interest of the child" than human services officials.


Indiana high court to rule on Lake Michigan beach ownership
Top Legal News | 2017/07/02 09:40

The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.

Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.

The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.

The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.

The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.

Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.

The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.



Supreme Court limits ability to strip citizenship
Top Legal News | 2017/06/27 22:51
The Supreme Court on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.

The justices ruled unanimously in favor of an ethnic Serb from Bosnia who lied about her husband's military service.

Justice Elena Kagan wrote for the court that false statements can lead to the revocation of citizenship only if they "played some role in her naturalization."

The court rejected the position taken by the Trump administration that even minor lies can lead to loss of citizenship.

The woman, Divna Maslenjak, and her family were granted refugee status in 1999 and settled near Akron, Ohio, in 2000. She became a citizen in 2007.

She initially told immigration officials her husband had not served in the Bosnian Serb military. That was a lie, she later conceded, and lower courts upheld a criminal conviction against her. The conviction automatically revoked her citizenship, and she and her husband were deported in October.


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