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Chile appeal court upholds convictions in Americans' killing
Legal Business |
2015/09/08 17:26
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A Chilean appeals court has upheld the conviction of a retired brigadier general and a former civilian air force employee in the killing of two Americans shortly after the 1973 military coup that overthrew democratically elected President Salvador Allende.
The Appeals Court of Santiago on Saturday confirmed the 7-year sentence given to retired Gen. Pedro Espinoza Bravo as the mastermind in the killings of documentary filmmaker Charles Horman, 31, and journalist Frank Teruggi, 24. The court also ratified the 2-year sentence for retired civilian air force employee Rafael Gonzalez Berdugo for his complicity in Horman's death.
The Americans' deaths were the subject of the 1982 film "Missing" by Constantin Costa-Garvas, with Jack Lemmon playing Horman's father.
Espinoza Bravo and Gonzalez Berdugo are currently behind bars in other criminal cases.
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U.S. military chooses rarely-used charge for Bergdahl
Headline Topics |
2015/09/06 17:26
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Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was -- as well as misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he "left without authority; and wrongfully caused search and recovery operations."
Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.
"You're able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting," said Lawrence Morris, a retired Army colonel who served as the branch's top prosecutor and top public defender.
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Washington Supreme Court rules against Backpage.com
Network News |
2015/09/04 13:28
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The website Backpage.com may not be immune from state liability law and a lawsuit filed by three young girls who said they were sold as prostitutes on the website can proceed to trial, the Washington Supreme Court ruled Thursday.
In a 6-3 decision, the justices said the federal Communications Decency Act does not protect Backpage from state lawsuits because of allegations that the company didn't just host the ads, but helped develop the content.
"The plaintiffs before us have been the repeated victims of horrific acts committed in the shadows of the law," said Justice Steven Gonzalez, writing for the majority. "They brought this suit in part to bring light to some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com in advertisements that, they allege, the defendants help develop."
The case should proceed because the girls have alleged facts that, if proved, would show that Backpage helped produce illegal content, the justices said.
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Alaska Supreme Court won't block Medicaid expansion
Headline Court News |
2015/09/03 13:27
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Thousands of lower-income Alaskans will become eligible for Medicaid after the Alaska Supreme Court on Monday refused to temporarily block the state from expanding the health care program.
The win capped a big day for Alaska Gov. Bill Walker, who earlier flew with President Barack Obama from Washington, D.C., to Anchorage.
"The Alaska Supreme Court's ruling today brings final assurance that thousands of working Alaskans will have access to health care tomorrow," Walker said in a statement issued Monday evening.
Walker earlier this summer announced plans to accept federal funds to expand Medicaid coverage after state legislators tabled his expansion legislation for further review.
The Legislative Council, acting on behalf of lawmakers, sued to stop expansion.
Thirty other states and the District of Columbia have expanded Medicaid, or plan to do so, to include all adults with incomes at or below 138 percent of the federal poverty level.
The federal government agreed to pay all costs for the new enrollees through 2016, but it will begin lowering its share in 2017. States will pay 10 percent of the costs by 2020.
Some Alaska legislators have expressed concern with adding more people to a system they consider broken. Administration officials have acknowledged the current Medicaid program isn't sustainable, but they see expansion as a way to get federal dollars to help finance reform efforts.
On Friday, Superior Court Judge Frank Pfiffner denied the request from lawmakers to halt expansion while a lawsuit moves forward. The Alaska Supreme Court on Monday agreed, saying lawyers for the lawmakers failed to show Pfiffner erred when denying the motion for a preliminary injunction.
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Court cuts prison sentence for Memphis 'sovereign citizen'
Lawyer News |
2015/09/03 13:27
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An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.
Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.
The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.
Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.
Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.
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Clerk in gay marriage case to appear in federal court
Network News |
2015/09/03 13:27
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A county clerk in Kentucky who has repeatedly defied court orders by refusing to issue marriage licenses will appear before a federal judge who could hold her in contempt of court.
Rowan County clerk Kim Davis has been summoned to the hearing at 11 a.m. Thursday before U.S. District Judge David Bunning. He's also ordered all Davis' deputy clerks to appear. Bunning could hold Davis in contempt, which can carry hefty fines or jail time.
Davis stopped issuing licenses to all couples in June after the U.S. Supreme Court legalized gay marriage. Despite rulings against her, she's turned away couples again and again, citing her Christian beliefs and "God's authority."
The couples who originally sued in the case have asked Bunning to punish Davis with fines but not jail time. |
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Burkina Faso court rejects candidate of former ruling party
Headline Topics |
2015/09/02 13:26
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A court in Burkina Faso on Saturday rejected the chosen presidential candidate of the former ruling party, prompting threats of a boycott of the vote in October.
The presidential and legislative elections scheduled for Oct. 11 are intended to end one year of transitional rule imposed after longtime President Blaise Compaore was ousted in a popular uprising triggered by his attempt to alter rules that would have prevented him from seeking a third term.
The candidate list published Saturday included 16 of the 22 proposed candidates. The list is still provisional and appeals can be filed until Sept. 6. Most of the rejected candidates were disqualified for failing to pay the necessary fees.
But Eddie Comboigo, the chosen candidate of Compaore's Congress for Democracy and Progress, was barred under a new electoral code passed earlier this year that disqualifies candidates who supported Compaore's bid to stay in office. Earlier this week, the court rejected more than 40 candidates for the legislative vote including former ministers and lawmakers close to Compaore.
The United States has expressed concern about the code, which was denounced by a regional court. The country's interim leader, Michel Kafando, initially said the country would abide by the regional court's ruling, but transitional authorities have more recently called for the High Court's decisions to be respected.
Compaore's party will boycott the elections "and resort to civil disobedience" if its candidates are blocked from running, said Jonathan Yameogo, a communications official with the party.
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