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German court: former SS Auschwitz guard fit for trial
Court Watch |
2015/11/02 07:47
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A German court says a 93-year-old former SS sergeant charged with 170,000 counts of accessory to murder on allegations he served as an Auschwitz death camp guard has been declared fit for trial.
The Detmold state court said Monday a doctor determined that Reinhold H., whose last name wasn't given for privacy reasons, is fit to stand trial so long as sessions are limited to two hours per day.
Defense attorneys and prosecutors now have two weeks to submit responses to the expert opinion. The court will then decide whether to open a trial.
H. is accused of being an accessory to murders at Auschwitz from January 1943 to June 1944. The suspect says he was assigned to a part of the camp not involved in the mass murders.
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Britain's High Court rules that Uber app is lawful
Court Watch |
2015/10/18 00:35
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Britain's High Court has ruled that the Uber app to hail minicabs is lawful ? a blow to London's famous black cab drivers, who argued that it violated city regulations.
The court's decision Friday came after Transport for London sought clarification as to whether the San Francisco-based company's app worked in the same way as meters used by the strictly regulated black cabs.
The Licensed Taxi Drivers' Association argued the app ? which records a car's location and travel time and feeds it back to servers in California ? worked like a meter.
But Justice Duncan Ouseley disagreed, ruling that the app relies on GPS signals and did not operate in the same way.
Uber has come under fire in several European countries, including France, Italy and Spain.
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Court records: Ohio man on electronic monitor raped teen
Court Watch |
2015/10/16 23:16
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While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.
He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.
Court records don't list an attorney for Jackson.
State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.
Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.
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Thousands turn up at court to support Catalan leader
Court Watch |
2015/10/15 23:16
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Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.
Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.
Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.
The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.
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Arkansas court tosses conviction in woman's meth case
Court Watch |
2015/10/02 10:59
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The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.
In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.
But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.
"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."
The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.
"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."
Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.
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