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Former FIFA official Makudi at court for ban appeal hearing
Legal Focuses | 2018/10/11 17:35

Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.

Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."

The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).

FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.

He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.

"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.

Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations.


Kavanaugh to hear his 1st arguments as Supreme Court justice
Legal Focuses | 2018/10/09 00:37

A Supreme Court with a new conservative majority takes the bench as Brett Kavanaugh, narrowly confirmed after a bitter Senate battle, joins his new colleagues to hear his first arguments as a justice.

Kavanaugh will emerge Tuesday morning from behind the courtroom's red velvet curtains and take his seat alongside his eight colleagues. It will be a moment that conservatives have dreamed of for decades, with five solidly conservative justices on the bench.

Kavanaugh's predecessor, Justice Anthony Kennedy, who retired in June, was a more moderate conservative and sometimes sided with the court's four liberal justices. Kavanaugh, in contrast, is expected to be a more decidedly conservative vote, tilting the court right for decades and leaving Chief Justice John Roberts as the justice closest to the ideological middle.

With justices seated by seniority, President Donald Trump's two appointees will flank the Supreme Court bench, Justice Neil Gorsuch at one end and Kavanaugh at the other. Court watchers will be looking to see whether the new justice asks questions at arguments and, if so, what he asks. There will also be those looking for any lingering signs of Kavanaugh's heated, partisan confirmation fight. But the justices, who often highlight their efforts to work together as a collegial body, are likely to focus on the cases before them.

Republicans had hoped to confirm Kavanaugh in time for him to join the court on Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school, an allegation he adamantly denied.

Kavanaugh was confirmed 50-48 Saturday, the closest vote to confirm a justice since 1881, and has had a busy three days since then. On Saturday evening, Kavanaugh took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.


Texas Supreme Court to hear sex offender law challenge
Legal Focuses | 2018/10/06 17:37

The Texas Supreme Court will consider a challenge to the state's retroactive sex offender laws that some say unfairly stack new punishments on those convicted in plea deals.

More than 2,800 sex offenders remain on the Texas registry despite being no longer required to register under terms of their probation, according to an Austin-American Statesman analysis of the list.

Every qualifying sex offender was ordered onto the registry in 2005 after Texas expanded its sex offense laws. But that included some defendants who were promised in deals with prosecutors that they wouldn't have to be on the list after a certain amount of time.

Donnie Miller struck a deal with Travis County prosecutors after he was charged with sexual assault against a woman outside an Austin gentleman's club in 1993. A jury couldn't agree on a verdict at his trial, forcing Miller to face a second trial and more than $20,000 in legal fees.

He made a deal with prosecutors to plead guilty and in exchange, his record would be cleaned if he stayed out of trouble for 10 years. But Miller received a call a year after successfully completing his probation telling him that Texas had changed the rules and that he'd be on the sex offender registry for life, contrary to the terms of his plea deal.



Cemetery case puts property rights issue before high court
Legal Focuses | 2018/10/05 05:44

Rose Mary Knick makes no bones about it. She doesn't buy that there are bodies buried on her eastern Pennsylvania farmland, and she doesn't want people strolling onto her property to visit what her town says is a small cemetery.

Six years ago, however, Knick's town passed an ordinance that requires anyone with a cemetery on their land to open it to the public during the day. The town ordered Knick to comply, threatening a daily fine of $300 to $600 if she didn't. Knick's response has been to fight all the way to the U.S. Supreme Court, which heard arguments in her case Wednesday.

"Would you want somebody roaming around in your backyard?" Knick asked during a recent interview on her Lackawanna County property, which is posted with signs warning against trespassing.

Her neighbors in Scott Township, the Vail family, say they just want to visit their ancestors' graves.

The Supreme Court isn't going to weigh in on whether there's a cemetery on Knick's land. Instead, it's considering whether people with property rights cases like Knick's can bring their cases to federal court or must go to state court, an issue groups nationwide are interested in.

Knick, 69, says her town's ordinance wouldn't protect her if people injure themselves on her land and sue. And she says if the town is going to take her private property and open it up to the public, they should pay her. She says she believes that the town was trying to make an example out of her for questioning lawmakers' decisions.



Supreme Court term amid starts in shadow of Kavanaugh
Legal Focuses | 2018/10/02 03:31

It's the storm before the calm at the Supreme Court. Americans watched Thursday's high court nomination hearing of Judge Brett Kavanaugh with rapt attention. The televised spectacle was filled with disturbing allegations of sexual assault and Kavanaugh's angry, emotional denial.

On Monday, the court will begin its new term with the crack of the marshal's gavel and not a camera in sight. The term's start has been completely overshadowed by the tumult over Kavanaugh's nomination.

Republicans had hoped to have Kavanaugh confirmed in time for the court's first public meeting since late June, an addition that would cement conservative control of the court.

Instead, there are only eight justices on the bench for the second time in three terms, with a breakdown of four conservatives and four liberals. The court was down a member in October 2016, too, following the death of Justice Antonin Scalia. Justice Neil Gorsuch joined the court in April 2017, after all but about a dozen cases had been argued

It's unclear how long the vacancy created by Justice Anthony Kennedy's retirement in July will last. Consideration of Kavanaugh's nomination by the Senate has been delayed while the FBI undertakes an investigation of Christine Blasey Ford's allegation that Kavanaugh sexually assaulted her in 1982.

An empty seat on the bench often forces a push for compromise and leads to a less exciting caseload, mainly to avoid 4-4 splits between conservatives and liberals.

The cases the court has agreed to hear so far this term look nothing like the stream of high-profile disputes over President Donald Trump's travel ban, partisan redistricting, union fees and a clash over religious objections to same-sex marriage that the court heard last term.


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