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German court sends ECB challenge to European court
Court Line | 2017/08/15 16:55

Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.


Former Pakistan PM challenges disqualification by court
Court Line | 2017/08/15 16:55

A Pakistani official says former Prime Minister Nawaz Sharif has filed petitions with the Supreme Court to challenge his disqualification and removal from office.

Environment Minister Mushahidullah Khan, who is in Sharif's party, said Tuesday that the former prime minister's lawyers filed three petitions to review the verdict.

The court disqualified Sharif after documents leaked from a Panama-based law firm showed that his family held previously undisclosed overseas assets. A five-judge panel last month disqualified Sharif, accusing him of concealing assets.

Last week Sharif held a series of rallies across the country, criticizing the court ruling and seeking to whip up popular support.


German court orders sentence enforced in Chile abuse case
Court Line | 2017/08/10 23:57

A court in western Germany has ruled that a German man must serve the sentence of a Chilean court for his role in the sexual abuse of children at a secretive German colony in Chile.

The dpa news agency reported Monday that the court in the town of Krefeld said Hartmut Hopp must serve in Germany the five-year sentence given to him by a Chilean court in 2011 for 16 counts of aiding in the sexual abuse of children.

The crimes took place at the Colonia Dignidad enclave, where residents were physically and psychologically abused for three decades beginning in 1961 after moving there from Germany.

Hopp fled to Germany before the verdict took legal effect. The 73-year-old denies the charges and his attorney says he will appeal the ruling.


Open records policy set for administrative court records
Court Line | 2017/08/10 23:57

Kentucky's Supreme Court justices have approved an open records policy to guide how the public accesses administrative records in the state court system.

State officials say the first open records policy for the Administrative Office of the Courts takes effect Aug. 15. The AOC is the operations arm of the state's court system.

The new policy describes how to submit an open records request to AOC.

Kentucky Chief Justice John D. Minton Jr. says the judicial branch has long complied with the "spirit" of the open records law, but says it's time to formalize its commitment in a written policy.

First Amendment expert and Louisville lawyer Jon Fleischaker says he's looked forward to the time when the public had definitive guidance on how to access the court system's administrative records.


Texas Executes TaiChin Preyor, Who Said Lawyer Used Wikipedia
Court Line | 2017/08/03 00:09

The state of Texas executed TaiChin Preyor on Thursday night after the U.S. Supreme Court refused to hear a last-minute appeal.

Preyor, 46, was put to death by lethal injection at a state corrections unit in Huntsville in the fatal stabbing of Jami Tackett during a drug-related robbery in 2004, The Associated Press reported. He claimed he acted in self-defense but was convicted of capital murder.

Preyor had argued that a previous attorney collaborated with a disbarred lawyer, relied on Wikipedia and double-billed his family and the court.

The attorney who handled Preyor's initial appeal was a real-estate specialist from Beverly Hills, Calif., who partnered with a man who had been disbarred for incompetence 15 years earlier — without informing the court, Preyor said in his latest motions.

"The federal habeas petition the duo filed in the District Court was so facially inadequate that it subsequently became its own ironic meme, circulated among habeas attorneys as an example of what not to do," Preyor's eleventh-hour appeal argued.

The California attorney had never appeared in a case in Texas state court, and a 2014 printout in her files showed that she did not do research about the death penalty in Texas until it was too late.

"It appears she relied on Wikpedia, of all things, to learn the complex ins and outs of Texas capital-punishment law," the motion reads.

"Her files included a copy of the Wikipedia page titled, 'Capital punishment in Texas,' with a post-it note stating 'Research' next to highlighted passages of 'habeas corpus appeals' and 'subsequent or successive writ applications.'"

Preyor's mother paid the duo $45,000 for their services, but the lawyer also billed the court for representing Preyor, the motion said.

"Preyor cannot be bound by the acts of two incompetent charlatans," the new lawyers wrote in their Supreme Court petition. The previous attorney did not respond to a request for comment.

In its response to Preyor's appeal, the state said the inmate failed to show that what his ex-lawyer did "amounts to fraud on the court." The state also said Preyor had waited too long to make his claim, which was filed two weeks before his execution.



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