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Top EU court moves to restore Hamas terror listing
Legal Focuses |
2017/08/01 00:09
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The European Union’s top court ruled Wednesday that Islamic militant group Hamas should stay on the EU terror list, saying a lower court should not have ordered the group removed from the EU’s terror list, and sent the case back to the lower court for reconsideration.
The EU originally listed Hamas as a terror group in 2001, a move that froze assets of the organization in the European Union. However, the decision was annulled on procedural grounds by an EU court in 2014.
The EU appealed and Wednesday’s ruling by the European Union Court of Justice said that the 2014 annulment was wrong and must now be reconsidered, taking into account arguments not ruled upon in the original decision. However, it added that Hamas funds will continue to be frozen pending the outcome of the reconsideration.
Hamas said it would challenge the “unfair political decisions against our people and the movement” through legal recourse. Israel had no immediate response to the ruling.
In May, Hamas issued a new policy document in a bid to rebrand itself with softer positions. In the new document, Hamas said it accepts a Palestinian state alongside Israel, a departure from the founding charter which envisioned that state in place of a defeated Israel.
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Ohio’s high court strikes down traffic camera restrictions
Court Line |
2017/07/30 00:08
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The Ohio Supreme Court on Wednesday upheld cities’ use of traffic camera enforcement for a third time, striking down as unconstitutional legislative restrictions that included requiring a police officer to be present.
The ruling was 5-2 in support of the city of Dayton’s challenge of provisions in a state law that took effect in 2015. The city said it improperly limited local control and undercut camera enforcement that makes cities safer by reducing red-light running and speeding. Dayton and other cities including Toledo and Springfield said the law’s restrictions made traffic cameras cost-prohibitive.
The court Wednesday ruled illegal requirements in the law that an officer be present when cameras were being used, that there must be a lengthy safety study and public information campaign before cameras are used, and that drivers could be only ticketed if they exceeded the posted limit by certain amounts, such as by 6 mph in a school zone. |
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US Supreme Court denies stay of execution for Ohio convict
Attorney News |
2017/07/28 00:08
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A condemned child killer was scheduled to die on Wednesday in the state's first execution in more than three years after the U.S. Supreme Court denied his requests for more time to pursue legal challenges.
Ronald Phillips was transported to the death house at the Southern Ohio Correctional Facility in Lucasville on Tuesday morning, about 24 hours before his execution was planned. He was convicted of the 1993 rape and killing of his girlfriend's 3-year-old daughter in Akron.
Justices denied the 43-year-old Phillips a stay on three requests, with a pair of justices dissenting on a request by Phillips that was joined by two other death row inmates with upcoming execution dates. The inmates had asked the court for a delay while they continue challenging Ohio's new lethal-injection method.
Justices Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, dissented, arguing the inmates had demonstrated a likelihood of success at trial. Sotomayor objected to the court's "failure to step in when significant issues of life and death are present."
The death penalty has been on hold in Ohio since January 2014, when a condemned inmate repeatedly gasped and snorted during a 26-minute procedure with a never-before-tried drug combination. Republican Gov. John Kasich halted upcoming executions after that, and delays have continued because the state had trouble finding new supplies of drugs and death row inmates sued on the grounds the state's proposed new three-drug execution method represented "cruel and unusual punishment."
Phillips' arguments were backed up by 15 pharmacology professors, who stepped in Monday to argue that a sedative used in the process, midazolam, is incapable of inducing unconsciousness or preventing serious pain.
A federal court last month upheld the use of midazolam, which has been problematic in several executions, including Ohio's in 2014 and others in Arkansas and Arizona.
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Top Vatican official to face Australian court on sex charges
Court Line |
2017/07/26 00:08
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The most senior Vatican official ever charged in the Catholic Church sex abuse crisis is expected to make his first court appearance in Australia on Wednesday, as he vows to clear his name in a scandal that has rattled Rome.
Cardinal George Pell, Australia's highest-ranking Catholic and Pope Francis' top financial adviser, was charged last month with sexually abusing multiple people years ago in his Australian home state of Victoria. The details of the allegations against the 76-year-old cardinal have yet to be released to the public, though police have described the charges as "historical" sexual assault offenses - meaning crimes that occurred years ago.
Pell is to appear at the Melbourne Magistrates' Court for a hearing that will likely last just minutes and deal largely with administrative matters, such as setting future court dates. Despite the routine nature of the hearing, it is expected to draw hordes of journalists, abuse survivors and spectators.
Pell took a leave of absence from his duties in Rome to return to Australia to fight the charges. He has vehemently denied the allegations, saying last month, "The whole idea of sexual abuse is abhorrent to me."
The pope has said he will wait for Australian justice to run its course before making a judgment of Pell himself.
For years, Pell has faced allegations that he mishandled cases of clergy abuse when he served as archbishop of Melbourne and, later, Sydney. But more recently, Pell became the focus of a clergy sex abuse investigation, with Victoria detectives flying to the Vatican to interview him last year. |
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Judge says Kobach has shown pattern of misleading court
Court Watch |
2017/07/26 00:07
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A federal judge says Kansas Secretary of State Kris Kobach has demonstrated a pattern of misleading the court about the facts and record in a voting rights case.
U.S. District Judge Julie Robinson refused Tuesday to reconsider a $1,000 fine and order requiring Kobach to submit to a deposition by the American Civil Liberties Union.
A magistrate judge had fined Kobach for misrepresenting the contents of documents he took into a November meeting with then President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.
Robinson cited three earlier instances where Kobach mischaracterized the record or exhibits. She says sanctions are necessary to deter him from misleading the court in the future.
Kobach is vice chairman of President Donald Trump's Presidential Advisory Commission on Election Integrity.
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