Former FIFA official Makudi at court for ban appeal hearing

Headline Legal News 2018/10/11 10:42   Bookmark and Share
Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.

Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."

The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).

FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.

He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.

"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.

Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations.

top

Supreme Court wrestles with case on detention of immigrants

Court News 2018/10/09 10:51   Bookmark and Share
The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.

Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”

While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.

The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

top

Court: Doctor in Spain abducted newborn 49 years ago

Legal Interview 2018/10/08 10:52   Bookmark and Share
A Spanish court ruled Monday that a doctor stole a newborn child nearly five decades ago, one of the many abducted during Spain's 20th-century dictatorship, but cleared him because the statute of limitations had expired.

The Madrid court said 85-year-old gynecologist Eduardo Vela could not be punished because one of those who were stolen, plaintiff Ines Madrigal, did not make her complaint until 2012, more than a decade after the gravest crime had taken place.

The court did find, however, that Vela was responsible for abducting Madrigal in 1969, faking her birth by her adoptive parents and forging official documents.

Monday's verdict is Spain's first in relation to the wide-scale child trafficking that took place from the onset of the country's Civil War in 1936 to the death of dictator Gen. Francisco Franco in 1975.

The right-wing regime waged a campaign to take away the children of poor families, prisoners or political enemies, sometimes stripping women of their newborns by lying and saying they had died during labor. The children were then given to pro-Franco families or the church, who educated the children on the regime's ideology and on Roman Catholicism.

Vela, the director of a Madrid clinic considered to be at the epicenter of the scandal, denied the accusations during this year's trial.

top

Polish leader appoints top court judges, against ruling

Legal Insight 2018/10/07 10:50   Bookmark and Share
Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.

Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.

"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."

The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.

But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.

The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy.

top

Court expert says federal opioid lawsuit should move forward

Headline Legal News 2018/10/06 10:51   Bookmark and Share
A court-appointed expert in a case with national implications for addressing the opioid epidemic is recommending that a pivotal lawsuit move forward.

Drug makers, distributors and pharmacies had argued that a lawsuit filed by Summit County, Ohio, should be dismissed. The case is among more than 1,000 cases filed by local and state governments against the industry in federal courts.

They have been consolidated under U.S. District Judge Dan Polster in Cleveland. He is pushing the companies and governments to reach a settlement, but also has scheduled trials for the case from Summit County and some other places for next year.

They would serve as test cases for rulings in other lawsuits. Polster has given the parties two weeks to object to a special master's report issued Friday.

top

Supreme Court nominee Kavanaugh clears crucial Senate hurdle

Headline Legal News 2018/10/05 16:12   Bookmark and Share
A deeply divided Senate pushed Brett Kavanaugh's Supreme Court nomination past a key procedural hurdle Friday, setting up a likely final showdown this weekend in a battle that's seen claims of long-ago sexual assault by the nominee threaten President Donald Trump's effort to tip the court rightward for decades.

The Senate voted 51-49 to limit debate, effectively defeating Democratic efforts to scuttle the nomination with endless delays. With Republicans clinging to a two-vote majority, one Republican voted to stop the nomination, one Democrat to send it further.

Of the four lawmakers who had not revealed their decisions until Friday, Republican Sens. Susan Collins of Maine and Jeff Flake of Arizona voted yes, as did Democrat Joe Manchin of West Virginia. Republican Lisa Murkowski of Alaska voted not to send the nomination to the full Senate.

Lawmakers might vote differently on the climactic confirmation roll call, and Collins told reporters that she wouldn't rule out doing so. That left unclear whether Friday's tally signaled that the 53-year-old federal appellate judge was on his way to the nation's highest court. Confirmation would be a crowning achievement for Trump, his conservative base and Senate Majority Leader Mitch McConnell, R-Ky.

The vote occurred a day after the Senate received a roughly 50-page FBI report on the sexual assault allegations, which Trump ordered only after wavering GOP senators forced him to do so.

Republicans said the secret document — which described interviews agents conducted with 10 witnesses — failed to find anyone who could corroborate allegations by his two chief accusers, Christine Blasey Ford and Deborah Ramirez. Democrats belittled the bureau's findings, saying agents constrained by the White House hadn't reached out to numerous other people with potentially important information.

The vote also occurred against a backdrop of smoldering resentment by partisans on both sides. That fury was reflected openly by thousands of boisterous anti-Kavanaugh demonstrators who bounced around the Capitol complex for days, confronting senators in office buildings and even reportedly near their homes.
top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design