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Florida's high court urged to throw out death sentences
Legal News |
2016/05/08 05:34
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Former judges and top legal officials are calling on the Florida Supreme Court to impose life sentences on nearly 400 people now awaiting execution on death row.
The group, which includes three former state Supreme Court justices and two former presidents of the American Bar Association, filed a legal brief Tuesday in a case that could determine the fate of Florida's death penalty.
In January, the U.S. Supreme Court declared Florida's death penalty sentencing law unconstitutional, prompting the state Supreme Court to halt two executions. The Florida Legislature responded by overhauling the law.
But the Florida Supreme Court still hasn't decided what should happen to those sentenced to death under the previous sentencing scheme. The court will hear arguments from lawyers this week on what should be done.
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Tribunal: India, Italy should agree on Italian marine's bail
Legal News |
2016/05/06 05:34
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India and Italy should work toward an agreement to allow an Italian marine to return home while an arbitration process continues in the fatally shootings of two Indian fishermen in 2012, a tribunal said Tuesday.
The two countries should present their arguments over relaxing the marine's bail conditions to India's Supreme Court, the tribunal in The Hague said.
The case against Salvatore Girone and another Italian marine, Massimiliano Latorre, has strained relations between the two countries, which disagree on the facts of the case and who has jurisdiction. Italy has also complained bitterly about the fact that, in four years, India has never formally charged the two with a crime.
An arbitration tribunal is hearing the dispute over jurisdiction, and in the ruling announced Tuesday said the two countries should approach India's Supreme Court about changing Girone's bail terms to allow him to return to Italy. Latorre has been in his home country since September 2014 on medical treatment after suffering a stroke in India.
Both India and Italy welcomed the tribunal's ruling, which had been shared with officials from the two countries on Monday. India was happy that the ruling confirmed its jurisdiction to decide bail, while Italy found relief in the possibility of Girone's return.
"We see the tribunal's order not just as a recognition of India's consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India," Indian Finance Minister Arun Jaitley, speaking Tuesday in Parliament on behalf of the foreign affairs minister.
In Rome, the defense minister expressed confidence that Italy would be proven right through the arbitration process.
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Despite court ruling, China gay rights movement makes gains
Legal News |
2016/04/13 07:46
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For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.
"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."
Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.
The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.
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White S.C. trooper pleads guilty in shooting of unarmed black man
Legal News |
2016/03/19 04:56
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A white South Carolina trooper pleaded guilty Monday to assault and battery of a high and aggravated nature in the 2014 shooting an unarmed black driver seconds after a traffic stop.
Trooper Sean Groubert, 32, faces up to 20 years in prison. The shooting captured on dash-cam video from the trooper's patrol car shocked the country, coming during a wave of questionable police shootings.
Levar Jones was walking into a convenience store in September 2014 when Groubert got out of his patrol car and demanded Jones' driver's license.
Jones turned back to reach into his car and Groubert fired four shots. Jones' wallet is seen flying out of his hands.
Groubert's boss, state Public Safety Director Leroy Smith, fired Groubert after seeing the video.
Jones was shot in the hip and survived. He walked into the courtroom Monday with a noticeable limp and played with a Rubik's Cube before the hearing started.
Video of the encounter was played in the courtroom and showed Groubert pulling up to Jones without his siren on, and the trooper asking Jones for his license after he also was out of his car.
As Jones turns and reaches back into his car, Groubert shouts, "Get outta the car, get outta the car." He begins firing and unloads a third shot as Jones staggers away, backing up with his hands raised, and then a fourth.
From the first shot to the fourth, the video clicks off three seconds.
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Ohio's top court declines to change rules on plea deals
Legal News |
2016/02/01 21:13
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Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.
Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.
"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.
Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.
The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.
Donnelly said Thursday he was disappointed but would continue to push the issue.
Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.
More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence. |
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