Protesters inside Supreme Court face harsher charges

Headline Legal News 2015/04/07 12:55   Bookmark and Share
Protesters who demonstrated inside the U.S. Supreme Court are facing the threat of a year in jail and stiff fines, a sign that prosecutors and the justices themselves are losing patience over the courtroom interruptions after the third protest in just over a year.

Five people arrested last week after voicing displeasure with court decisions that removed limits on political campaign contributions now face charges including one that carries a maximum jail term of a year and up to a $100,000 fine — a sharp escalation from the possible penalties sought after two earlier protests.

A leader of the group behind the protests would not rule out future demonstrations, despite what he called an effort to crack down on the courtroom disturbances. "We are not going to be silenced," said Kai Newkirk, whose group 99Rise opposes the influence of big money in elections.

While protests on the sidewalk outside the U.S. Supreme Court are common, until last year demonstrators had rarely broken the decorum of oral arguments inside the courtroom. In February 2014, however, Newkirk was removed from the courtroom after he stood and called on the court to overturn its 2010 Citizens United decision, which freed corporations and labor unions from some limits on campaign spending. It was the first protest to disrupt an argument session in more than seven years.
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Court upholds conviction of woman in Rwanda genocide case

Headline Legal News 2015/03/31 13:18   Bookmark and Share
A federal appeals court panel has upheld the conviction of a New Hampshire woman found guilty of lying about her role in the 1994 Rwanda genocide so she could obtain U.S. citizenship.

Beatrice Munyenyezi is serving a 10-year prison sentence after being convicted in 2013.

One of her lawyers, David Ruoff, said Friday they are still mulling their options after the ruling by the three-judge panel, including whether to ask the 1st U.S. Circuit Court of Appeals in Boston for a rehearing by the full court. He said they have been unable to reach Munyenyezi, who is in a federal prison in Alabama, to tell her about the ruling.

Munyenyezi's appeal said the trial judge should not have allowed prosecutors to use her testimony before an international war crimes tribunal to show she had a propensity to lie. Her lawyers accused a prosecutor of making false assertions while cross-examining a defense witness and said there was insufficient evidence to convict her.

Munyenyezi also said her sentence was too harsh. But the appeals court rejected all those arguments Wednesday and said the case record makes for "a bone-chilling read."

Munyenyezi was convicted in February 2013 in the Concord, New Hampshire, federal courthouse where she had been granted U.S. citizenship a decade earlier. Her citizenship was stripped upon her conviction.

The jury found she lied about being affiliated with a political party that orchestrated much of the genocide. Witnesses say she helped patrol one of the notorious checkpoints at which those bearing a card identifying them as Tutsis were singled out for rape and murder.
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Robin Williams' wife, children head to court in estate fight

Legal Insight 2015/03/31 13:17   Bookmark and Share
Attorneys for Robin Williams' wife and children are headed to court in their battle over the late comedian's estate.

The attorneys are scheduled to appear before a San Francisco probate judge on Monday, as they argue over who should get clothes and other personal items the actor kept at one his Northern California homes.

In papers filed in December, Williams' wife, Susan, says some of the late actor's personal items were taken without her permission.

She has asked the court to exclude the contents of the San Francisco Bay Area home she shared with Williams from the jewelry, memorabilia and other items Williams said the children should have.

Williams' children, Zachary, Zelda and Cody, said in response that Susan Williams is "adding insult to a terrible injury" by trying to change the trust agreement and rob them of the late actor's belongings.

Susan Williams' attorney said she was only seeking guidance from the court about the meaning of certain terms in the trust.
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Indian court rejects ban on 'offensive' Internet messages

Lawyer Blog Post 2015/03/27 16:49   Bookmark and Share

India's top court affirmed people's right to free speech in cyberspace Tuesday by striking down a provision that had called for imprisoning people who send "offensive" messages by computer or cellphone.

The provision, known as Section 66A of the 2008 Information Technology Act, had made sending such messages a crime punishable by up to three years in prison.

In its ruling, the Supreme Court said the provision was "clearly vague" in not clarifying what should be construed as offensive. It also said the provision violates people's freedom of speech and their right to share information.

"The public's right to know is directly affected," the judges said in deeming the provision unconstitutional.

A law student who filed the challenge in 2012, Shreya Singhal, applauded the court's rejection of a provision she said was "grossly offensive to our rights, our freedom of speech and expression."

"Today the Supreme Court has upheld that, they have supported our rights," Singhal said. "I am ecstatic."

The law has been invoked in at least 10 recent cases, most often involving criticism of political leaders.

In 2012, a chemistry professor and his neighbor in Kolkata were arrested for forwarding a cartoon that made fun of West Bengal's top elected official, Mamata Banerjee.
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Amanda Knox murder conviction overturned by Italy high court

Headline Legal News 2015/03/27 16:45   Bookmark and Share

Italy's highest court overturned the murder conviction against Amanda Knox and her ex-boyfriend Friday over the 2007 slaying of Knox's roommate, bringing to a definitive end the high-profile case that captivated trial-watchers on both sides of the Atlantic.

"Finished!" Knox's lawyer Carlo Dalla Vedova exulted after the decision was read out late Friday. "It couldn't be better than this."

In a rare decision, the supreme Court of Cassation overturned last year's convictions by a Florence appeals court and declined to order another trial. The judges declared that the two did not commit the crime, a stronger exoneration than merely finding that there wasn't enough evidence to convict.

In a statement issued from her home in Seattle, Knox said she was "relieved and grateful" for the decision.

"The knowledge of my innocence has given me strength in the darkest times of this ordeal," she said, thanking her supporters for believing in her.

Experts have said such a complete exoneration is unusual for the high court, which could have upheld the conviction or ordered a new trial as it did in 2011 when the case first came up to its review on appeal.

The justices' reasoning will be released within 90 days.

The decision ends the long legal battle waged by Knox and Italian co-defendant Raffaele Sollecito to clear their names in the death of British student Meredith Kercher, after they spent nearly four years in prison immediately after the murder.

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Egypt court sentences 14 Islamists to death

Court News 2015/03/20 13:35   Bookmark and Share
Egypt's official news agency says a criminal court has sentenced 14 people, including the leader of the country's banned Muslim Brotherhood, to death.
 
The Giza Criminal Court issued its decision on Monday, however the court set an April 11 date to formally issue the ruling after consulting with the country's grand mufti; the mufti reviews all death penalty cases, but his ruling is not binding.     

The case is rooted in violence that swept the country after the military-led ouster of Islamist President Mohammed Morsi, whose supporters set up large protest encampments in Cairo.

Security forces violently ended the sit-ins, killing hundreds. In retaliation, many police stations and churches came under attack by alleged Morsi supporters. The court convicted Brotherhood Supreme Guide Mohammed Badie and 13 others of orchestrating the violence.
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