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Congo runner-up Fayulu asks court to order election recount
Legal Watch |
2019/01/13 01:58
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Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."
He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.
"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.
Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."
Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.
The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country. |
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Las Vegas police seeking soccer star's DNA in rape case
Court Center |
2019/01/12 23:40
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Cristiano Ronaldo is being asked by police to provide a DNA sample in an investigation of a Nevada woman's allegation that he raped her in his Las Vegas hotel penthouse in 2009 and paid her to keep quiet, the soccer star's lawyer and Las Vegas police said Thursday.
Attorney Peter S. Christiansen downplayed the development, denied the rape allegation and called evidence collection common in any investigation.
Police said in a statement that an official request has been submitted to Italian authorities for a DNA sample from the superstar player. Officer Laura Meltzer, a department spokeswoman, said the request involved a warrant.
Ronaldo, 33, plays for the Turin-based soccer club Juventus.
"Mr. Ronaldo has always maintained, as he does today, that what occurred in Las Vegas in 2009 was consensual in nature," Christiansen said, "so it is not surprising that DNA would be present, nor that the police would make this very standard request as part of their investigation."
Former model and schoolteacher Kathryn Mayorga reported the alleged attack to police in June 2009 and underwent a medical exam to collect DNA evidence.
But the investigation ended a short time later because Las Vegas police say she only identified her attacker as a European soccer player - not by name - and did not say where the incident took place. |
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Court: State, governor can't be sued over public defenders
Legal Watch |
2019/01/12 09:50
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Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial. |
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Russian court says bobsledder can keep Olympic titles
Top Legal News |
2019/01/10 09:59
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Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.
The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals from those games in 2017 by the IOC for doping. He failed to overturn that disqualification at the Court of Arbitration for Sport last year.
But Moscow’s highest civil court in November upheld Zubkov’s claim that the CAS procedure was unfair and shouldn’t be recognized in Russia. That means Zubkov is legally recognized as an Olympic champion — but only in Russia.
On Friday, the court rejected an IOC-backed appeal from the Russian Olympic Committee, which earlier said letting Zubkov keep his medals could “give rise to doubt that Russia truly observes the main principles of the fight against doping.”
Zubkov strongly denies cheating. “I am a clean athlete. If you don’t know my story you can open Wikipedia and see how much I’ve done for sport and what I did in Sochi,” he said. “I brought gold medals here and gave sport 30 years (of my life).”
Friday’s ruling will also make it harder for Zubkov to be removed as president of the Russian Bobsled Federation, and may entitle him to a Russian state pension for retired star athletes.
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EU top court adviser: Google can limit right to be forgotten
Legal Interview |
2019/01/08 09:58
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An adviser to Europe's top court says Google doesn't have to extend "right to be forgotten" rules to its search engines globally.
The European Court of Justice's advocate general released a preliminary opinion Thursday in the case involving the U.S. tech company and France's data privacy regulator.
The case stems from the court's 2014 ruling that people have the right to control what appears when their name is searched online. That decision forced Google to delete links to outdated or embarrassing personal information that popped up in searches.
Advocate General Maciej Szpunar's opinion said the court "should limit the scope of the de-referencing that search engine operators are required to carry out," and that it shouldn't have to do it for all domain names, according to a statement.
Opinions from the court's advocate general aren't binding but the court often follows them when it hands down its ruling, which is expected later.
The case highlighted the need to balance data privacy and protection concerns against the public's right to know. It also raised thorny questions about how to enforce differing legal jurisdictions when it comes to the borderless internet.
Google's senior privacy counsel, Peter Fleischer, said the company acknowledges that the right to privacy and public access to information "are important to people all around the world ... We've worked hard to ensure that the right to be forgotten is effective for Europeans, including using geolocation to ensure 99 percent effectiveness." |
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Court orders mediation in Maryland desegregation case
Court Center |
2019/01/07 00:57
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A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges.
The black colleges say the state has underfunded them while developing programs at traditionally white schools that directly compete with them and drain prospective students away.
In 2013, a judge found that the state had maintained an unconstitutional “dual and segregated education system.” The judge said the state allowed traditionally white schools to replicate programs at historically black institutions, thereby undermining the success of the black schools.
Despite three previous tries at mediation, the two sides have been unable to agree on a solution.
On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ordered Maryland’s higher education commission and the coalition to begin mediation again to try to settle the 12-year-old lawsuit.
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Son of ex-Nissan head Carlos Ghosn predicts court surprises
Legal Interview |
2019/01/05 08:58
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The son of former Nissan chairman Carlos Ghosn said in an interview published Sunday that people will be surprised when his father, detained since Nov. 19 for allegedly falsifying financial reports, recounts his version of events to a Tokyo court on Tuesday.
Anthony Ghosn, 24, told France's Journal du Dimanche that his father — who will remain detained until at least Jan. 11 — will get 10 minutes to talk at the hearing, being held at his own request.
"For the first time, he can talk about his version of the allegations against him," Anthony Ghosn said in the interview with the weekly paper Journal du Dimanche. "I think everyone will be rather surprised hearing his version of the story. Until now, we've only heard the accusers."
The son has no direct contact with his father, and gets information via lawyers. He said his father, who for decades was a revered figure in the global auto industry, has lost about 10 kilograms (22 pounds) eating three bowls of rice daily, but he reads books and "he resists."
Ghosn refuses to cave in, said his son, contending that he would be freed from detention if he admitted guilt to the prosecutor. |
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