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Burkina Faso court rejects candidate of former ruling party
Legal Interview |
2015/09/02 21:37
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A court in Burkina Faso on Saturday rejected the chosen presidential candidate of the former ruling party, prompting threats of a boycott of the vote in October.
The presidential and legislative elections scheduled for Oct. 11 are intended to end one year of transitional rule imposed after longtime President Blaise Compaore was ousted in a popular uprising triggered by his attempt to alter rules that would have prevented him from seeking a third term.
The candidate list published Saturday included 16 of the 22 proposed candidates. The list is still provisional and appeals can be filed until Sept. 6. Most of the rejected candidates were disqualified for failing to pay the necessary fees.
But Eddie Comboigo, the chosen candidate of Compaore's Congress for Democracy and Progress, was barred under a new electoral code passed earlier this year that disqualifies candidates who supported Compaore's bid to stay in office. Earlier this week, the court rejected more than 40 candidates for the legislative vote including former ministers and lawmakers close to Compaore.
The United States has expressed concern about the code, which was denounced by a regional court. The country's interim leader, Michel Kafando, initially said the country would abide by the regional court's ruling, but transitional authorities have more recently called for the High Court's decisions to be respected.
Compaore's party will boycott the elections "and resort to civil disobedience" if its candidates are blocked from running, said Jonathan Yameogo, a communications official with the party. |
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Bangladesh court bans Rana Plaza movie because of terrifying scenes
Court Center |
2015/09/01 21:37
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Bangladesh’s high court has imposed a six-month ban on a film about a garment worker who was rescued from the rubble 17 days after a five-storey factory complex collapsed, killing more than 1,000 people.
The director, Nazrul Islam Khan, had argued that the real-life story of Reshma Begum depicted courage amid the tragedy.
The disaster on 24 April 2013 left 1,135 people dead. Thousands more were rescued from the ruins of the illegally built complex which housed five factories supplying garments to international companies.
Rescue workers had given up hope of finding anyone else alive in the rubble of the Rana Plaza. Then they heard a faint tapping.
When the collapse started, Begum said she raced down a stairwell into the basement, where she became trapped in a pocket of space that allowed her to survive. She found some dried food and bottles of water to sustain her until she was rescued. She now works in a hotel.
The collapse triggered an outcry at home and abroad. There have been efforts to reform Bangladesh’s garment industry to improve safety and working conditions.
Investigators say several factors contributed to the building’s collapse: it was overloaded with machines and generators, constructed on swampy land, and the owner added floors in violation of the original building plan.
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Amended voter identification law subject of court hearing
Law Firm Business |
2015/08/31 21:36
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North Carolina's voter identification mandate recently was eased before its slated 2016 start. But attorneys for voters and groups who oppose the law say the new exceptions don't mean their lawsuit challenging voter ID should evaporate.
A Superior Court judge scheduled arguments Monday in Raleigh about the state's request to have the litigation dismissed.
The original law required someone showing a qualifying photo identification card before voting in person. Now people with a "reasonable impediment" to getting a qualified ID can sign forms and present information and still vote.
The plaintiffs say the amended law still will hinder potential voters and want the judge to delay the voter ID mandate until after March's presidential primary.
This is one of four lawsuits filed challenging all or parts of 2013 elections changes.
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Appeals court reverses ruling that found NSA program illegal
Legal Watch |
2015/08/24 21:36
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A federal appeals court on Friday ruled in favor of the Obama administration in a dispute over the National Security Agency's bulk collection of telephone data on hundreds of millions of Americans.
The U.S. Court of Appeals for the District of Columbia Circuit reversed a lower court ruling that said the program likely violates the Constitution's ban on unreasonable searches.
But the impact of the appeals court's ruling is uncertain because Congress has passed legislation designed to replace the program over the next few months. The appeals court sent the case back for a judge to determine what further details about the program the government must provide.
The ruling is the latest in a succession of decisions in federal courts in Washington and New York that at various points threatened the constitutionality of the NSA's surveillance program, but have so far upheld the amassing of records from U.S. domestic phone customers.
The appeals court ruled that challengers to the program have not shown "a substantial likelihood" that they will win their case on the merits.
Judge Janice Rogers Brown said it was possible the government would refuse to provide information that could help the challengers win their case. In a separate opinion, Judge Stephen Williams said the challengers would need to show they actually were targeted by the surveillance program.
Judge David Sentelle dissented in part, saying he would have thrown the case out entirely because the plaintiffs offered no proof they were ever harmed.
All three judges were appointees of Republican presidents.
The lawsuit was brought by Larry Klayman, a conservative lawyer, and Charles Strange, the father of a cryptologist technician who was killed in Afghanistan when his helicopter was shot down in 2011. U.S. District Judge Richard Leon ruled in 2013 that the collection was likely unconstitutional, but he put that decision on hold pending a government appeal.
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Pa. Attorney General Kathleen Kane held for trial
Legal Watch |
2015/08/22 21:36
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The state's attorney general on Monday was ordered to trial on charges she leaked secret grand jury information to the press, lied under oath about it and ordered aides to illegally snoop through computer files to keep tabs on an investigation into it.
Kathleen Kane, the first woman and the first Democrat to be elected Pennsylvania attorney general, did not speak as she left a suburban Philadelphia courthouse flanked by bodyguards and a crush of reporters and photographers.
Defense lawyer Gerald Shargel lamented that the looser rules of evidence and lower burden of proof in preliminary hearings left them with low odds of getting some or all of the charges tossed.
Kane, 49, could face up to seven years in prison if convicted of the most serious charge, perjury. No trial date has been scheduled. Her next court appearance is Oct. 14.
Kane sat quietly at the defense table during the four-hour hearing Monday, occasionally flipping through documents and jotting notes.
Prosecutors called two witnesses - a top Kane aide and the lead investigator in the case against her - whose testimony paralleled a 42-page probable cause affidavit filed against her earlier this month.
Kane is accused of leaking a confidential grand jury memo and transcript to a Philadelphia Daily News reporter to embarrass rival prosecutors involved in the case. She then lied about her actions to a grand jury investigating the leak, prosecutors said.
Focusing on that charge, prosecutors contrasted remarks Kane made about the sanctity of grand jury proceedings as a county prosecutor in 1999 with her testimony to the leak grand jury last November. |
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Appeals court won't reinstate 1990 arson-murder conviction
Court Center |
2015/08/19 21:17
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An elderly man who spent 24 years in prison for his daughter's death in a fire will remain free after a federal appeals court in Pennsylvania on Wednesday refused to reinstate his murder conviction.
Han Tak Lee, 80, a native of South Korea who earned U.S. citizenship, was exonerated and freed last year after a judge concluded the case against him was based on since-discredited scientific theories about arson. Prosecutors appealed, saying that other evidence pointed to his guilt.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals rejected the appeal, meaning Lee will stay out of prison.
The New York City shop owner had taken his 20-year-old, mentally ill daughter to a religious retreat in Pennsylvania's Pocono Mountains where, prosecutors say, he set fire to their cabin. Lee has long contended the 1989 fire was accidental.
Lee, who returned to Queens after his release from prison, did not answer his phone Wednesday. He told The Associated Press in an interview last month that he still loved America and "I expect America to make the right decision."
His attorney, Peter Goldberger, called on prosecutors to let the ruling stand.
"I hope, now, that they will finally see there is no basis for this conviction," Goldberger said. "They can say it's nobody's fault, that science changed, that this is over now, and the federal court has had the last word."
Monroe County District Attorney David Christine, who prosecuted Lee in 1990 and whose office lost the appeal, did not immediately return a text and email seeking comment.
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Court rejects inmate's challenge in 5 Ohio prison slayings
Legal Watch |
2015/08/17 21:17
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A federal appeals court has rejected a challenge by an inmate convicted and sentenced to be executed for the slayings of five fellow inmates during a 1993 prison riot in Ohio.
Death row inmate Keith LaMar was convicted of aggravated murder in 1995 in the deaths of five inmates during the riot at the Southern Ohio Correctional Institution in Lucasville. A jury recommended the death penalty in four of the slayings.
The 6th U.S. Circuit Court of Appeals on Tuesday upheld a lower court's decision keeping the 46-year-old LaMar's convictions and death sentences in place.
LaMar argues he was denied a fair trial when prosecutors were allowed to withhold evidence from the defense.
A three-judge panel ruled the evidence would not have changed the outcome of LaMar's trial.
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