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Court allows Pennsylvania to redraw GOP-favored district map
Legal Business | 2018/02/06 23:25
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks.

The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.

The decision comes just four days before the Republican-controlled Legislature's deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.

Pennsylvania's congressional delegation has been 13-5 in favor of Republicans during the three election cycles since the GOP-drawn 2011 map took effect, and experts have said those 13 seats are several more than would have been produced by a nonpartisan map.

Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide row offices, but Republicans enjoy solid majorities in both chambers of the Legislature.

Under the process laid out two weeks ago by four of the seven Pennsylvania Supreme Court justices, all Democrats, the Legislature has until Friday to approve a new map, after which Wolf will have until Feb. 15 to decide whether to endorse it and submit it to the justices.

Senate Republican Leader Jake Corman said Monday he's had "zero" discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.

The state Supreme Court said it expects new districts to be in place by Feb. 19, and the new map is expected to be in play for the May 15 congressional primaries.


Greek court postpones decision in Turkish extradition case
Headline Topics | 2018/02/05 23:25
A Greek court postponed ruling Tuesday on a Turkish extradition request for the second of nine Turkish citizens alleged to be left-wing militants and arrested in November, days before an Athens visit by Turkish President Recep Tayyip Erdogan.

Naci Ozpolat, 48, a Turkish citizen of Kurdish origin, is wanted by Turkey on charges of assisting a terrorist organization. He attended the hearing the court ended up adjourning until March 6, saying it needed more information from Turkey.

The nine suspects were arrested for alleged links to the Revolutionary People's Liberation Party-Front, which Turkey, the United States and the European Union have deemed a terrorist organization.

Turkey has charged them with terrorism-related offenses, forgery, arms and explosives possession and resisting arrest. All deny the charges.

A Greek court last week rejected a similar extradition request for the first of the nine on grounds he had been granted refugee status in France. The court said he was at risk of facing torture or other inhumane treatment if he were returned to Turkey.


Court: Lawsuit alleging coerced confessions can go to trial
Headline Topics | 2018/02/04 23:25
A lawsuit that accuses Evansville police officers of violating three teenagers' constitutional rights by coercing confessions in the killing of a homeless man can proceed to trial, a federal appeals court has ruled.

A panel of the 7th U.S. Circuit Court of Appeals agreed there's enough evidence that officers deliberately coerced confessions from siblings William and Deadra Hurt in the death of 54-year-old Marcus Golike to warrant a civil trial.

"False confessions are a real problem ...," the judges wrote in their opinion, which describes the issue of whether police tactics are enough to make confessions involuntary "the ultimate legal question," The Evansville Courier & Press reported .

The suit filed in 2014 on behalf of William, Deadra and Andrea Hurt and their mother, Debbie Hurt, accuses detectives of threatening the teenagers, feeding them facts to coerce confessions and then ignoring evidence disproving those statements, and even manufacturing some evidence.

William Hurt was 18, Deadra Hurt 19 and Andrea Hurt 16 at the time of their arrests in the June 2012 killing of Golike, who was beaten, strangled and dumped in the Ohio River. Another teenager who was also arrested is not a party to the suit.

All charges in the case were ultimately dismissed against everyone but William Hurt, who refused a plea deal. A jury acquitted him of murder in February 2013.

Police began focusing on the teenagers after learning that Golike had visited the Hurt family before his death.

The suit's defendants include the city of Evansville, its police department, four city police detectives and their three supervisors at the time, one of whom is now deceased. The suit also names two Kentucky State Police detectives who were involved because Golike's body was found in their jurisdiction.

"At this juncture, the court has to take the facts in the light most favorable to the plaintiff, and then there is an issue for a jury or a judge to decide," said Keith Vonderahe, who's one of several attorneys representing the Evansville officers.


Samsung heir freed after appeal wins suspended jail term
Network News | 2018/02/03 23:26
Samsung heir Lee Jae-yong was freed Monday after a South Korean appeals court gave him a 2 ½-year suspended jail sentence for corruption in connection with a scandal that toppled the country's president.

The Seoul High Court softened the original ruling against Lee, rejecting most of the bribery charges leveled against Lee by prosecutors who sought a 12-year prison term.

While the ruling clears the way for the Samsung vice chairman to resume his role at the helm of the industrial giant founded by his grandfather after a year in prison, he faces a slew of challenges outside prison.

Chief among them will be winning trust that he is capable of running South Korea's biggest company, and assuaging public anger among those who viewed the court's surprise decision as a setback in the war on corruptions.

"The past year was a precious time for personal reflection," Lee told reporters waiting outside the gates of a detention center in southern Seoul.

Lee's first stop from the prison was a Samsung hospital where his father has been hospitalized after suffering a heart attack in 2014.

Lee was charged with offering $38 million in bribes to former President Park Geun-hye and her confidant Choi Soon-sil, embezzling Samsung funds, hiding assets overseas, concealing proceeds from criminal activities and perjury.

The appeals court said Lee was unable to reject the then-president's request to financially support her confidante and was coerced into making the payments. The court still found Lee guilty of giving 3.6 billion won ($3.3 million) in bribes for equestrian training of Choi's daughter and of embezzling the money from Samsung funds.

Lee's lawyer, Lee Injae, told reporters that the Samsung vice chairman still plans to appeal his conviction. Prosecutors also were expected to appeal the court's ruling, making it almost certain the case will go to the Supreme Court.

Lee, 49 and the only son of Samsung's ailing chairman, was given a five-year prison term in August on bribery and other charges linked to a political scandal that took down former South Korean President Park Geun-hye.

Lee has pleaded not guilty to charges he used Samsung corporate funds to bribe Park and a confidante, seeking to consolidate his control over Samsung and facilitate a smooth transfer of corporate leadership from his father. The appeals court rejected the lower court's view that corporate succession was one of the issues at stake.

Many South Koreans were expecting a tough stance from the appeals court and took to social media and online news portals to vent their anger at the ruling and the judge who issued the verdict.

"Republic of Samsung" and the name of the judge who handed down Monday's verdict were among the top trending words on Twitter in Korean.

The earlier ruling against Lee was seen as a departure from the previous court cases that had been criticized for being too soft toward white-collar crime and toward executives of chaebol, the big conglomerates that helped South Korea's rapid industrialization.

Lee's case and the current trial of the former president are seen as tests of the country's commitment to ending cozy ties among South Korea's political and business elite. Such links once were seen as the key to South Korea's impressive rise from the ashes of its 1950-53 war but now are blamed for corruption, inequality and stifling innovation.

Before the final hearing at the appeals court Lee paid back 8 billion won ($7.3 million) to Samsung Electronics. The lower court had said Lee embezzled that amount from Samsung to bribe Choi.



UN court lays down Costa Rica, Nicaragua maritime borders
Lawyer News | 2018/02/03 23:26
The International Court of Justice laid down definitive maritime boundaries Friday between Costa Rica and Nicaragua in the Caribbean Sea and Pacific Ocean and a small land boundary in a remote, disputed wetland.

As part of the complex ruling, the United Nations' highest judicial organ ruled that a Nicaraguan military base on part of the disputed coastline close to the mouth of the San Juan River is on Costa Rican territory and must be removed.

Ruling in two cases filed by Costa Rica, the 16-judge U.N. panel took into account the two countries' coastlines and some islands in drawing what it called "equitable" maritime borders that carved up the continental shelf underneath the Caribbean and Pacific.

Such rulings can affect issues including fishing rights and exploration for resources like oil.

Earlier, the court ordered Nicaragua to compensate Costa Rica for damage Nicaragua caused with unlawful construction work near the mouth of the San Juan River, the court's first foray into assessing costs for environmental damage.

The order by the United Nations' principal judicial organ followed a December 2015 ruling that Nicaragua violated Costa Rica's sovereignty by establishing a military camp and digging channels near the river, part of a long-running border dispute in the remote region on the shores of the Caribbean Sea.

In total, Nicaragua was ordered to pay just over $378,890 for environmental damage and other costs incurred by Costa Rica— a small fraction of the $6.7 million sought by San Jose.



Officials ask court to send Kennedy cousin back to prison
Court Watch News | 2018/01/30 09:34
Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.

The chief state's attorney's office filed the request Monday with the state Supreme Court.

Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.

He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.

Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.

In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.


Malaysia's top court annuls unilateral conversions of minors
Lawyer News | 2018/01/28 09:33
Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.

M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.

Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.

The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.

The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.


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