South Africa's Zuma must wait 3 months for court decision

Legal Business 2019/05/22 15:03   Bookmark and Share
Former South African president Jacob Zuma will hear in three months' time whether corruption, racketeering and money laundering charges against him might be dropped.

Pietermaritzburg High Court judges have reserved judgment on his application for a permanent stay of prosecution. No date was announced.

Zuma was president from 2009 until 2018, when his ruling African National Congress party forced him to resign amid persistent corruption allegations. The scandal was seen as damaging the reputation of the ANC, which has been in power since the end of the harsh system of apartheid in 1994.

Public frustration over government corruption contributed to the ANC's weakest-ever election showing earlier this month, and current President Cyril Ramaphosa has apologized and vowed to crack down .

The scandals also have damaged confidence in South Africa's economy, the most developed in sub-Saharan Africa.

Zuma is accused of receiving bribes related to a 1999 arms deal. The charges were raised more than a decade ago and later withdrawn, then reinstated after a court ruled there were sufficient grounds to bring him to trial.
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Russian court extends arrest for American accused of spying

Legal Business 2019/05/20 15:06   Bookmark and Share
A Russian court on Friday extended the arrest for a former U.S. Marine charged with espionage, who complained in court about abuse in custody.

Paul Whelan was arrested at the end of December in a hotel room in the Russian capital of Moscow where he was attending a wedding. He was charged with espionage, which carries up to 20 years in prison in Russia.

Whelan denies the charges of spying for the U.S. that his lawyers said stem from a sting operation. Whelan’s lawyer has said his client was handed a flash drive that had classified information on it that he didn’t know about.

The court ruled Friday to keep the Michigan resident, who also holds British, Irish and Canadian citizenship, behind bars for three more months.

Whelan told reporters in court that he has been threatened and subjected to “abuses and harassment” in prison.

“I haven’t had a shower in two weeks. I can’t use a barber, I have to cut my own hair,” a visibly agitated Whelan said from the defendant’s dock. “This is typical prisoner of war isolation technique. They’re trying to run me down so that I will talk to them.”

Andrea Kalan, a spokeswoman for the U.S. Embassy in Moscow, said Friday that they are disappointed with the ruling, arguing there is “no evidence of any wrongdoing.”

“The mature, civilized course would be to let Paul go home to his elderly parents, who are wondering if they’ll see their son alive again,” Kalan said.

Rights activist Eva Merkachova, who is authorized to visit Moscow prisons, told the RIA Novosti news agency on Friday that the prison administration at the Lefortovo detention center where Whelan is being kept did not let her speak to the American because they were speaking English.

She said she and another activist were told by a prison guard that they can only speak Russian on the premises and that Lefortovo refused to let in a certified translator.
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Brazil's supreme court votes to make homophobia a crime

Legal Business 2019/05/20 15:05   Bookmark and Share
A majority in Brazil's supreme court has voted to make homophobia and transphobia crimes like racism, a decision coming amid fears the country's far-right president will roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges have voted in favor of the measure. The five other judges will vote in a court session on June 5, but the result will not be modified. The measure will take effect after all the justices have voted.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

Brazil's Senate is dealing with a bill to criminalize discrimination based on sexual orientation or gender with sentences of up to five years.

"Racism is a crime against flesh and blood, whether it is a member of the LGBT community, a Jew or an Afro-descendant," justice Luiz Fux said Thursday.
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Feds: US Supreme Court should turn down 'Bridgegate' appeal

Lawyer Blog Post 2019/05/16 09:16   Bookmark and Share
The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.

"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.

Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.

Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.

Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.

They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme.
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Supreme Court conservatives attack lame-duck arguments

Court News 2019/05/14 09:16   Bookmark and Share
Conservative justices who control the Wisconsin Supreme Court attacked liberal groups' claims Wednesday that Republican legislators met illegally when they passed laws limiting Democratic Gov. Tony Evers' and Attorney General Josh Kaul's powers during a lame-duck session last year, saying the Legislature can decide when it wants to meet.

That lame-duck session led to multiple legal challenges, including one by a coalition of liberal groups led by the League of Women Voters.

The coalition contends that the lame-duck session was illegal because the Legislature convened the vote as a so-called extraordinary session. Such sessions are previously unscheduled floor votes initiated by majority party leaders. The coalition maintains that the Wisconsin Constitution allows lawmakers to convene only at times laid out in a resolution they pass at the beginning of every two-year period or at the governor's call.

Dane County Circuit Judge Richard Niess agreed in March and invalidated all the laws passed during the lame-duck session. Republican lawmakers asked the Supreme Court to overturn that ruling.

The justices held oral arguments in the case Wednesday morning. The Republicans' attorney, Misha Tseytlin, began the proceeding by arguing that the Legislature can convene whenever it wishes.

The coalition's attorney, Jeffrey Mandell, argued that state law doesn't provide for extraordinary sessions. Justice Rebecca Bradley immediately cut him off, saying the Legislature has been meeting in extraordinary sessions for 40 years and no one has ever argued they were illegal. Mandell responded that sometimes it takes a "catalyzing event" to trigger a challenge.
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Students in Colorado shooting face murder, other charges

Legal Insight 2019/05/12 09:17   Bookmark and Share
Two students suspected of opening fire at their school are charged with over a dozen counts of murder and attempted murder as well as theft and arson, prosecutors said Wednesday.

The charges came on the same day a memorial service was being held for the one student who was killed in the May 7 shooting at the STEM School Highlands Ranch on May 7. Wight students were injured.

The accused gunmen, 18-year-old Devon Erickson and 16-year-old Alec McKinney, were arrested at the school and investigators say they opened fire inside using handguns.

The charges were listed in electronic court records. It wasn't clear if McKinney was being charged as an adult.

The celebration of 18-year-old Kendrick Castillo's life will be held at Cherry Hills Community Church in Highlands Ranch. The senior was just days from graduating when he was fatally wounded.

Castillo along with classmates Brendan Bialy and Joshua Jones are credited with helping minimize the bloodshed by charging at one of the suspects in a classroom.

According to Bialy, Castillo sprang into action against the shooter "and immediately was on top of him with complete disregard for his own safety." Jones said he was shot twice in the leg during the ordeal. Bialy said he was able to take the attacker's weapon.

All the injured students have been released from hospitals.
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