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Partisan struggle over NC governor's authority back in court
Headline Legal News | 2017/02/10 23:44
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Greek court rejects extradition for Turkish servicemen
Headline Legal News | 2017/01/25 13:30
Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.

Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.

The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.

Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.

Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.

The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.

Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.

"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished."


Top court reviews free speech case of man's anti-police rap
Headline Legal News | 2017/01/23 13:29
Pennsylvania's highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses.

The Supreme Court on Monday said it would take up an appeal by Jamal Knox, who argues his song, which was briefly posted online, is protected by the right to free speech. Knox wants the court to set aside his convictions for witness intimidation and making terroristic threats.

"Just because a police officer arrests you, doesn't mean you are stripped of any free speech ability to say, 'Wait a minute, that officer did me wrong, and here's why I think so,'" Knox's lawyer Patrick K. Nightingale said Tuesday.

The Allegheny County district attorney's office, which declined comment for this story, told Superior Court last year the song "was not mere political hyperbole but, rather, the sort of 'true threat' that is not protected by the First Amendment."

The case began with an April 2012 traffic stop in the city's East Liberty section, when Knox, now 22, drove away after telling an officer he did not have a valid driver's license. Following a chase in which he hit a parked car and a fence, police found 15 bags of heroin and $1,500 on Knox and a stolen, loaded gun in the vehicle.

Seven months later, an officer came across the video online, performed by Knox under the name "Mayhem Mal" of the "Ghetto Superstar Committee" with co-defendant Rashee Beasley — and accompanied by photos of them both. Knox and Beasley posted another video in which they said they wrote the song.



Ethics measure backers ask high court to let them join case
Headline Legal News | 2017/01/21 15:40
Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.

South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.

The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.

The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."

Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.


Aaron Hernandez expected in court as murder trial nears
Headline Legal News | 2017/01/17 15:39
Former NFL star Aaron Hernandez is expected in a Boston courtroom for a pretrial hearing in his upcoming double murder trial.

Hernandez is accused of killing two men he encountered at a Boston nightclub in 2012. Prosecutors say the former New England Patriots tight end followed the men and opened fire on their car at a stop light after one of them accidentally bumped into Hernandez and spilled his drink.

Hernandez is due in Suffolk Superior Court Thursday, when a judge is expected to hear arguments on defense motions. Hernandez's trial is scheduled to begin next month.

Hernandez has pleaded not guilty. He's already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd.



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