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Appeals court: Trump exceeded authority with travel ban
Court Watch |
2017/12/26 11:24
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
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Commission to recommend pretrial reforms for Illinois courts
Court Watch |
2017/12/25 11:24
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Key players in the Illinois court system are set to scrutinize pretrial processes statewide to identify ways to make them fairer and more transparent.
The Illinois Supreme Court says the focal point of the push for reforms will be a Commission on Pretrial Practices. It’ll include everyone from judges and lawyers to legislators and court clerks.
Chief Justice Lloyd Karmeier said in a statement last week that the aim is to enact “sensible and practical reforms” that, among other things, ensure pretrial detention is ordered only when a suspect poses a clear threat.
He says the commission’s goal will be to understand “where the greatest problems lie” and “how those problems differ from jurisdiction to jurisdiction.” He didn’t say when the commission hoped to release its recommended reforms.
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Myanmar court sentences 4 family members in maid abuse
Court Watch |
2017/12/22 11:25
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A court in Myanmar sentenced four members of a family to as much as 16 years in prison with hard labor on Friday after finding them guilty of enslaving and abusing their two teenage maids, in a case that has prompted widespread public outrage over the girls' treatment.
The two girls were 11 and 12 when they were sent to the city from their poor village in Myanmar's delta to work as maids for a family that owned a tailor shop. Five years later, a local journalist heard allegations of child abuse at the shop and investigated, pretending he wanted a suit. He wrote an article about the girls' broken fingers and scars from cuts, burns and beatings.
Police then investigated and arrested six family members who were accused of locking up and torturing the girls for five years, stabbing them with scissors and knives, and burning them with an iron. They were charged with assault and violations of anti-trafficking and child protection laws.
After a trial lasting more than a year, a district court in Yangon, Myanmar's largest city, on Friday sentenced the mother, Tin Thuzar, to 16 years and one month and two adult children to 13 years and one month, defense lawyer Hnin Su Aung said. The husband of one of the children also received a sentence of 13 years and one month. |
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Indiana Supreme Court considers eavesdropping case
Topics in Legal News |
2017/12/22 11:24
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The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.
Last month, the Supreme Court suspended Neary's law license for four years.
Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .
Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.
Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.
Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."
The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
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Court convicts British woman of smuggling powerful painkillers
Legal Interview |
2017/12/21 11:25
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A court in Egypt's Red Sea region has convicted a British woman of smuggling hundreds of powerful painkillers banned in the Arab country, sentencing her to three years in prison.
The woman, 33-year-old Laura Plummer from Hull, has maintained her innocence since her arrest in October on arrival from Britain at Hurghada, a Red Sea resort city. She has insisted the Tramadol tablets were for her Egyptian partner who suffers chronic back pain.
Tramadol is listed by Egyptian authorities as an illegal drug given its wide use as a heroin substitute.
Tuesday's conviction came as a surprise since the hearing was supposed to be taken up by the argument of the defense. The verdict can be appealed.
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