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Top court reviews free speech case of man's anti-police rap
Lawyer News |
2017/01/24 16:24
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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.
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Kyrgyz court confirms life sentence for journalist
Industry News |
2017/01/24 16:23
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A court in Kyrgyzstan on Tuesday upheld a life sentence for an ethnic Uzbek journalist in a case that has drawn international criticism.
Azimzhan Askarov was convicted in 2010 for stirring up ethnic hatred, a charge related 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.
The majority of those convicted for taking part in the deadly clashes have been ethnic Uzbeks.
Askarov, who can appeal the ruling in the Supreme Court, shouted out after Tuesday's decision that he would go on hunger strike in protest.
Askarov's case was sent for review last year after the U.N. Human Rights Committee in April urged Kyrgyzstan to release him, finding that he had been arbitrarily detained, tortured and denied his right to a fair trial.
Askarov's lawyer, Tolekan Ismailov, told reporters that his client would appeal the ruling, which he dismissed as unlawful.
Askarov had been documenting human rights violations by the police and prison authorities in his hometown near the Uzbek border for more than 10 years before he was arrested in 2010.
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Court ponders mass murderer Breivik's prison conditions
Network News |
2017/01/22 15:56
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An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.
If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February.
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Supreme Court to hear case about party in vacant DC house
Network News |
2017/01/21 15:56
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The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.
The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.
Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.
Several of the partygoers said someone named "Peaches" gave them permission to have the party.
But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.
The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.
The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.
A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.
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Aaron Hernandez expected in court as murder trial nears
Topics |
2017/01/20 15:56
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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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Court ponders mass murderer Breivik's prison conditions
Headline Topics |
2017/01/17 15:55
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An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
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Supreme Court delays New Jersey sports betting decision
Network News |
2017/01/15 15:55
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The U.S. Supreme Court says it wants to hear more arguments before deciding whether to consider New Jersey's challenge to a federal sports betting ban. The court had been expected to announce a decision Tuesday.
Instead, it asked the U.S. solicitor general to weigh in. That could mean several more months before a decision is made. New Jersey is challenging a 1992 federal law that restricts sports betting to Nevada and three other states. The four major pro sports leagues and the NCAA sued to stop New Jersey in 2012.
New Jersey claims the federal law violates the Constitution by preventing states from repealing their own laws. Several states including Mississippi, West Virginia, Arizona, Louisiana and Wisconsin have joined New Jersey's effort. |
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