Trump travel ban showdown headed for Supreme Court
Court News | 2017/05/28 04:53
Donald Trump's administration is pledging a Supreme Court showdown over his travel ban. That's after a federal appeals court said Thursday in ruling against it that the ban "drips with religious intolerance, animus and discrimination."

Citing the president's duty to protect the country from terrorism, Attorney General Jeff Sessions says that the Justice Department will ask the high court to review the case. He's offered no timetable.

The justices almost always have the final say when a lower court strikes down a federal law or presidential action.

The presidential executive order issued by Trump seeks to temporarily cut off visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.


Bangladesh Supreme Court removes Lady Justice statue
Headline Legal News | 2017/05/27 16:54
A statue depicting the Greek goddess of justice was removed from the front side of Bangladesh's Supreme Court building early on Friday following pressure from religious groups that termed it “un-Islamic,” according to local media and the attorney general.

The controversy over the Lady Justice statue had been brewing for several months, with many religious groups staunchly opposed to its installation.

Even Prime Minister Sheikh Hasina stepped into the controversy, who to the surprise of all, had backed the move to remove the statue.

Only policemen were allowed to enter the court premises when it was being moved.

Attorney General Mahbube Alam told Anadolu Agency the statue had been moved to another place within the court premises. “I heard the decision came from the full court to remove it from the present place and to replace it somewhere else in the court premise,” he said.

Hefazat-e-Islam and Bangladesh Olama League were among the Islamic groups who had been demanding the statue’s removal since it was installed in December 2016.

Hefazat-e-Islam leaders met Hasina on April 11 demanding the removal of the statue of Greek goddess Themis, who is depicted blindfolded with a sword in one hand and the balanced scales of justice on the other.





Court of Appeals Judge Elmore won't seek re-election
Attorney News | 2017/05/25 15:50
A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year.

Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year term in 2010.

In an interview, Elmore said he'll be satisfied serving two full terms on the state's intermediate-level appeals court when comparing it to the uncertainty of any outcome if he was to run another statewide campaign in 2018. Elmore, 66, also would have been unable to serve another full term due to the state's mandatory retirement age for judges at 72.

Leaving after this term expires "seemed to be a good fit," Elmore said, adding that he wanted to "leave on my own terms."

Elmore said he wanted to make the announcement before state political parties gather this year. Elmore is a registered Republican. A law approved last December makes Court of Appeals races officially partisan elections again, with party primaries.

Elmore said his decision had nothing to do with legislation approved in March by the General Assembly to reduce the number of Court of Appeals judges from 15 to 12 by eliminating positions vacated by resignation or death. Democratic Gov. Roy Cooper vetoed the measure, but the veto was overridden.

The appeals court usually meets in panels of three judges. The court is the final arbiter in state court matters except for cases heard by the state Supreme Court.



Finnish court releases Iraqi twins in IS-related killings
Attorney News | 2017/05/24 22:50
A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.

The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.

The court in Tampere, southern Finland, said the evidence against them was too weak. It included testimonies from other asylum-seekers, a video footage of the massacre by IS militants and information from an Iraqi investigative commission.

State prosecutors had demanded life sentences and claimed the brothers took part in atrocities committed by IS militants at a military base outside Tikrit in June 2014 when some 1,700 Iraqi army soldiers were slain.

The brothers arrived in Finland in September 2015 and were arrested three months later.


Playboy model who shot nude of unwitting woman due in court
Court Watch | 2017/05/23 22:50
A Playboy centerfold who ignited a backlash of criticism when she secretly snapped a photo of a naked 71-year-old woman in a locker room and posted it online mocking the woman's body is expected to appear in court Wednesday to resolve a criminal charge.

Dani Mathers is planning to show up at a hearing in Los Angeles County Superior Court on a misdemeanor charge of invasion of privacy, her lawyer said.

Mathers, 30, has apologized for taking the photo at an LA Fitness club in July and posting it on Snapchat with the caption: "If I can't unsee this then you can't either."

The posting was accompanied by a selfie of Mathers in a tank top with her hand over her mouth as if she's gasping in horror.

The 2015 Playmate of the Year was roundly criticized for the so-called body shaming incident. Mathers said she intended to send the photo privately to a friend and accidentally posted it publicly.

Defense lawyer Dana Cole argued unsuccessfully that the charge should be dismissed because the woman in the photo can't easily be identified.

The victim, who has not been named, is expected to testify if the case goes to trial, said Rob Wilcox, a spokesman for the Los Angeles city attorney.

Cole said he's hoping to work out a settlement Wednesday. He said prosecutors want a guilty plea and community service on a highway crew. Wilcox said no plea deal has been offered.

Deputy City Attorney Chadd Kim did not return phone and email messages seeking comment, but in court papers said Mathers had shown no remorse and needed to face consequences for her "cruel and criminal act."

The defense has argued for a more lenient outcome, saying in court papers that Mathers has already lost modeling work and a job as a radio host. They have recommended she use her notoriety to bring attention to the issue of body shaming.



Family of Colorado man killed by police settles lawsuit
Legal Topics | 2017/05/22 06:23
Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.

The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.

Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.

Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.

The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.

A court filling from this week does not show the terms of the settlement.


Former Maricopa County Sheriff Joe Arpaio loses another round in court
Legal Business | 2017/05/22 06:23
An appeals court has rejected former Sheriff Joe Arpaio's bid to have a jury, rather than a judge, decide whether he is guilty of a criminal contempt-of-court charge for disobeying a court order in a racial profiling case.

The 9th Circuit Court of Appeals ruled Thursday that Arpaio didn't show that his request warranted its intervention in the case.

The former six-term sheriff of metro Phoenix faces the misdemeanor charge for defying a 2011 court order in a racial profiling case to stop his signature immigration patrols.

Arpaio has acknowledged prolonging the patrols, but insists his disobedience wasn't intentional. If convicted, the 84-year-old could be sentenced up to six months in jail.  His trial is scheduled to begin on June 26.


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