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Ohio's high court dismisses media lawsuit over bodycam video
Topics in Legal News |
2016/12/21 09:51
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The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.
In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.
News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.
In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.
"We conclude that he responded in a reasonable period of time," she said.
Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."
Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request.
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Supreme Court takes up cases about race in redistricting
Topics in Legal News |
2016/12/05 08:40
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The Supreme Court is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.
The justices are hearing arguments Monday in redistricting disputes from North Carolina and Virginia.
The claim made by black voters in both states is that Republicans created districts with more reliably Democratic black voters than necessary to elect their preferred candidates, making neighboring districts whiter and more Republican.
A federal court struck down two North Carolina districts as unconstitutional because they relied too heavily on race. In Virginia, a court rejected a constitutional challenge to 12 state legislative districts. The justices have frequently considered the intersection of race and politics.
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Philippine court urged to order Marcos' remains exhumed
Topics in Legal News |
2016/12/04 08:41
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Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.
They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.
Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.
Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.
The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.
Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."
He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.
Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989. |
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UK Supreme Court hears landmark challenge to Brexit plans
Topics in Legal News |
2016/12/03 08:40
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Britain's Supreme Court began hearing a landmark case Monday that will decide who has the power to trigger the U.K.'s exit from the European Union — the government or Parliament.
The legal battle has major constitutional implications for the balance of power between the legislature and the executive, and has inflamed Britain's already raw wound over how and whether to leave the EU.
The court's most senior justice, David Neuberger, opened the four-day hearing by condemning the "threats of serious violence and unpleasant abuse" directed at Gina Miller, one of the claimants trying to ensure Parliament gets a say.
"Threatening and abusing people because they are exercising their fundamental right to go to court undermines the rule of law," Neuberger said, banning publication of the addresses of Miller and other parties in the case.
Neuberger and 10 other justices at the country's top court must decide whether Prime Minister Theresa May's government can invoke Article 50 of the EU's key treaty, the trigger for two years of divorce talks, without the approval of lawmakers.
May plans to trigger Article 50 by the end of March, using centuries-old government powers known as royal prerogative. The powers — traditionally held by the monarch but now used by politicians — enable decisions about joining or leaving international treaties to be made without a parliamentary vote.
Financial entrepreneur Miller and another claimant, hairdresser Deir Dos Santos, went to court to argue that leaving the EU would remove some of their rights, including free movement within the bloc, and that shouldn't be done without Parliament's approval.
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US Supreme Court could hear Charleston company, Lexmark case
Topics in Legal News |
2016/12/01 08:41
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A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the U.S. Supreme Court in a dispute that could affect huge tech companies and pharmaceutical firms.
Lexmark, a Lexington, Kentucky-based printing corporation, sued Impression Products, accusing the company of patent infringement for selling its cartridges, The Charleston Gazette-Mail reported.
At issue is what is known as the first-sale doctrine, a principle limiting a patent holder's rights after a product has been sold once.
Impression Products argued Lexmark's patents on its cartridges are no longer effective after the cartridges are sold, allowing the smaller company to sell them freely. Lexmark cartridges can cost up to hundreds of dollars, and Impression Products sells used ones at a lower price.
In February, a federal court sided with Lexmark, saying the corporation's patent rights weren't exhausted, regardless of whether the cartridges were being purchased from U.S. or foreign suppliers — Impression Products has purchased toner cartridges from Canadian suppliers in the past.
Last month, the federal government recommended the Supreme Court review the case.
Impression Products President Eric Smith explained that while this doesn't guarantee that the justices will review the case, it sharply increases the probability of it happening.
The implications of the case go beyond ink cartridges, as Samsung and Google have backed Impression Products' argument. The tech giants operate foreign supply chains that would have to jump through additional hoops if the first-sale doctrine did not apply for foreign purchases. Pharmaceutical companies such as Pfizer have supported Lexmark, with a Lexmark victory likely giving their own patents greater protection. |
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