Slovak court rejects to ban parliamentary far right party
Legal Interview | 2019/04/28 23:15
Slovakia's Supreme Court on Monday dismissed a request by the country's prosecutor general to ban a far-right party that has 14 seats in the country's parliament.

In his request filed two years ago, Jaromir Ciznar said the far-right People's Party Our Slovakia is an extremist group whose activities violate the country's constitution and its goal is to destroy the country's democratic system.

But the court ruled the prosecutor general failed to provide enough evidence for the ban. The verdict is final.

"The ruling has clearly showed that our party is legitimate and democratic," party chairman Marian Kotleba said on Monday. He said it was "a political trial."

The prosecutor's office didn't immediately comment. Kotleba's supporters applauded in the court room while the opponents unveiled a banner in front of the court that read "Stop Fascism."

The party openly admires the Nazi puppet state that the country was during World War II. Party members use Nazi salutes, blame Roma for crime in deprived areas, consider NATO a terror group and want the country out of the alliance and the European Union.

If granted, it would have been the first ban on a parliamentary party.

There is a precedent, though. In 2006, the same court banned a predecessor of People's Party, the neo-Nazi Slovak Togetherness-National Party, also led by Kotleba.


Justices spurn Georgia inmate, despite juror’s racial slurs
Legal Interview | 2019/03/16 05:22
The Supreme Court is rejecting a new appeal from a Georgia death row inmate, despite evidence that a juror in his capital case used racial slurs.

The high court had previously blocked the execution of Georgia inmate Keith Leroy Tharpe. But the justices on Monday refused to take up his case after a lower court ruled against him.

The 59-year-old Tharpe is trying to get his death sentence thrown out because of comments the juror made to defense investigators several years after Tharpe’s trial. The juror signed an affidavit, though he later testified that he voted for Tharpe’s death sentence because of the evidence against him. The juror has since died.



Chief justice seeks budget increase for court technology
Legal Interview | 2019/01/16 01:32
The head of the Iowa court system says technology and the need to ensure justice for everyone demands increased spending.

Speaking Wednesday in his annual speech to the Legislature, Iowa Supreme Court Chief Justice Mark Cady told lawmakers “we simply can no longer proceed into the future thinking it will be a modest linear extension from where we are today.”

The judicial branch is requesting nearly $185 million, a 4 percent increase from the current year’s budget. Gov. Kim Reynolds is proposing nearly $183 million.

Among the new programs Cady proposes is a $1.6 million rural courts initiative to secure courthouses and upgrade services to ensure court services in all 99 counties.

He also proposes a $2.5 million digital upgrade that would allow judges to send search warrants electronically to investigators, improve an internet-based telephone system and upgrade technology to allow for remote video appearances for witnesses, parties in cases and court reporters.

Cady also seeks $1.9 million to pay for a proposed 4 percent increase in pay for judiciary officers.


Congo runner-up Fayulu asks court to order election recount
Legal Interview | 2019/01/12 06:51
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.




Chinese executive facing US extradition appears in court
Legal Interview | 2018/12/08 02:48
A Canadian prosecutor urged a Vancouver court to deny bail to a Chinese executive at the heart of a case that is shaking up U.S.-China relations and worrying global financial markets.

Meng Wanzhou, the chief financial officer of telecommunications giant Huawei and daughter of its founder, was detained at the request of the U.S. during a layover at the Vancouver airport last Saturday — the same day that Presidents Donald Trump and Xi Jinping of China agreed over dinner to a 90-day ceasefire in a trade dispute that threatens to disrupt global commerce.

The U.S. alleges that Huawei used a Hong Kong shell company to sell equipment in Iran in violation of U.S. sanctions. It also says that Meng and Huawei misled American banks about its business dealings in Iran.

The surprise arrest, already denounced by Beijing, raises doubts about whether the trade truce will hold and whether the world’s two biggest economies can resolve the complicated issues that divide them.

“I think it will have a distinctively negative effect on the U.S.-China talks,” said Philip Levy, senior fellow at the Chicago Council on Global Affairs and an economic adviser in President George W. Bush’s White House. “There’s the humiliating way this happened right before the dinner, with Xi unaware. Very hard to save face on this one. And we may see (Chinese retaliation), which will embitter relations.”

Canadian prosecutor John Gibb-Carsley said in a court hearing Friday that a warrant had been issued for Meng’s arrest in New York Aug. 22. He said Meng, arrested en route to Mexico from Hong Kong, was aware of the investigation and had been avoiding the United States for months, even though her teenage son goes to school in Boston.



Dutch court rejects man’s request to be 20 years younger
Legal Interview | 2018/12/01 19:01
Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.

A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.

“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”

Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.

The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”

Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.

“This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.”



3 hurt in court shooting leave hospital; gunman identified
Legal Interview | 2018/09/19 04:50
The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.

Crystal Dowdell, 39, posted on her Facebook account that she was fine late Wednesday and that police had taken her phone as evidence. Pennsylvania state police confirmed Thursday that Patrick Dowdell, 61, was the deceased gunman.

Dowdell entered the Masontown Borough building about 60 miles south of Pittsburgh after 2 p.m. Wednesday with a handgun drawn and began firing into the crowded complex’s lobby. He wounded a police officer, who was treated and released for injuries to his hand, before wounding three civilians.

Authorities would not say whether any of the victims were Dowdell’s intended target or related to the domestic violence charges he was scheduled to appear in court to face Wednesday.

The three were taken to Ruby Memorial Hospital in Morgantown, West Virginia. A spokeswoman said Thursday the two men, ages 35 and 47, and a 39-year-old woman were all released Wednesday night.



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