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Court denies hospital's bid to perform brain death test
Court Watch | 2016/07/12 10:15
The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
 
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.



Kyrgyzstan sends case of jailed journalist back to court
Court Watch | 2016/07/12 10:15
The Supreme Court in the Central Asian nation of Kyrgyzstan on Tuesday refused to release an ethnic Uzbek journalist and activist serving a life sentence after being convicted of stirring up ethnic hatred, but instead sent his case to a regional court for review. International rights groups consider Azimzhan Askarov a prisoner of conscience.
 
The U.N. Human Rights Committee in April urged Kyrgyzstan to release Askarov, recognizing that he had been arbitrarily detained, tortured and denied his right to a fair trial. This opened the way for a reconsideration of his case, and Kyrgyzstan's Supreme Court began hearings on Monday.

The charges against Askarov relate to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced. He is accused of inciting the mob killing of a police officer.

Amnesty International sharply criticized the court's decision on Tuesday to keep 65-year-old Askarov in prison while a lower court reviews his case.

"It's a missed opportunity for Kyrgyzstan to do the right thing by finally releasing a man who should never have been jailed in the first place. Today's decision by the Supreme Court ignores Kyrgyzstan's obligations under international human rights law," Amnesty International senior research director Anna Neistat said in a statement.






Senate confirms district court judge for New Jersey
Court Watch | 2016/07/03 10:16
The Senate has confirmed President Barack Obama's nominee for the U.S. District Court for the district of New Jersey.

The vote was 92-5 on Wednesday for Brian Martinotti, who has served as a judge on the Superior Court of New Jersey since 2002. Obama nominated him to the district court post in June 2015.

Martinotti worked from 1987 to 2002 at the law firm of Beattie Padovano LLC, where he was elevated to partner in 1994. While at the firm, Martinotti also served as a councilmember for the borough of Cliffside Park from 1991 to 2002.

He was a law clerk to Judge Roger M. Kahn of the New Jersey Tax Court from 1986 to 1987.



Spain court orders Operation Puerto blood bags released
Court Watch | 2016/06/13 10:54
A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.

The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.

The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.

The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.

The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."

Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.

The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.



Police union defends ex-officer in black musician's death
Court Watch | 2016/06/03 17:00
The police union defended a former officer charged in the fatal shooting of a legally armed black man, saying they believe the officer identified himself before the confrontation.
 
Former Palm Beach Gardens officer Nouman Raja has been charged with manslaughter and attempted murder in the Oct. 18 death of Corey Jones. Raja's bail was set at $250,000 during his first court appearance Thursday.

Palm Beach County Police Benevolent Association President John Kazanjian said the union believes Raja, who was fired after the shooting, identified himself before confronting Jones on an Interstate 95 ramp before dawn.

Charging documents said Raja, who was investigating a string of auto burglaries, did not identify himself before opening fire. He was driving an unmarked cargo van with no police lights and was in civilian clothes: a tan T-shirt, jeans, sneakers and a baseball cap, the documents said.



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