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Inmate asks Arkansas high court to halt upcoming execution
Court Watch |
2017/11/02 07:53
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An Arkansas inmate scheduled to receive a lethal injection this week asked the state's highest court Monday to halt his execution amid his attorneys' claims that he doesn't understand why he is to be put to death.
Attorneys for Jack Greene asked the state Supreme Court to issue an emergency stay of execution. Greene is scheduled to be executed Thursday night for the 1991 death of Sidney Burnett, who was beaten with a can of hominy, stabbed and later shot.
Greene's attorneys asked for the stay while they appeal a lower court's dismissal of their lawsuit challenging an Arkansas law giving the state's top prison official the authority to determine whether Greene is competent to be executed. Greene's attorneys say he suffers from psychotic delusions, and say the inmate believes the attorneys and prison officials have conspired to torture him.
The judge who dismissed the suit said the law had already been upheld as constitutional and that she didn't have the authority to stay the execution.
The filing cited the court's decision to halt the execution of another inmate, Bruce Ward, in April over similar claims about his mental competency.
"The court should not allow the state to avoid the substantial questions presented here by executing Greene before the court can address them — as it has already committed itself to do in another case," Greene's attorneys said in Monday's filing. |
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Indonesia court upholds seizure of illegal fishing vessel
Court Watch |
2017/10/28 08:51
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Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.
Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.
Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.
The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.
Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.
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European Court Asked to Rule on Facebook Data Transfers
Court Watch |
2017/10/23 01:39
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.
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Court nixes class-action status for TGI Friday's drink suit
Court Watch |
2017/10/18 01:40
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A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.
Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.
A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.
According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.
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Justices allow Trump administration ban on most refugees
Court Watch |
2017/09/14 19:53
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The Supreme Court is allowing the Trump administration to maintain its restrictive policy on refugees.
The justices on Tuesday agreed to an administration request to block a lower court ruling that would have eased the refugee ban and allowed up to 24,000 refugees to enter the country before the end of October.
The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January. The justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on travelers from six mostly Muslim countries and refugees anywhere in the world.
It's unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.
White House spokeswoman Sarah Huckabee Sanders said Tuesday night: "We are pleased that the Supreme Court has allowed key components of the order to remain in effect. We will continue to vigorously defend the order leading up to next month's oral argument in the Supreme Court."
The administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.
Lower courts have ruled that the bans violate the Constitution and federal immigration law. The high court has agreed to review those rulings. Its intervention so far has been to evaluate what parts of the policy can take effect in the meantime.
The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the United States. The justices declined to define the required relationships more precisely. |
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