Lawyer Blog Post 2020/01/03 11:25
A St. Petersburg court on Monday ordered the detention of twoRussianmen who were arrested on a tip provided by the U.S. and are suspected of plotting unspecified terrorist attacks in the city during the New Year holidays.
The Dzerzhinsky District Court ruled that the suspects identified as Nikita Semyonov and Georgy Chernyshev should remain in custody pending their trial.
The Federal Security Service (FSB), the main KGB successor agency, said in a statement that the suspects detained on Friday confessed to plotting the attacks. It added that it also seized materials proving their guilt.
The FSB didn’t elaborate on their alleged motives or targets, but Russia’s state television reported that the suspects had recorded a video swearing their allegiance to the Islamic State group.
The FSB said it was acting on a tip provided by its “American partners.”
On Sunday, Russian President Vladimir Putin called U.S. President Donald Trump to thank him “for information transmitted through the special services that helped prevent terrorist attacks in Russia,” according to the Kremlin.
Legal Insight 2020/01/01 11:25
Cyprus' attorney general said Tuesday he couldn't suspend the trial of a 19 year-old British woman found guilty of lying about being gang raped by as many as dozen Israelis because she had leveled “grave accusations” against police investigators that had to be adjudicated in court.
Costas Clerides said the woman's allegation that police coerced her into retracting her rape claim “could not have been left to linger” so he could not move to suspend the trial.
Clerides also said the woman's insistence that she didn't get a fair trial is “essentially a legal-constitutional matter" that a courtof law must rule on.
“Any intervention on the part of the attorney general, either for reasons of public interest or any other reasons, would have constituted nothing more than an obstacle to ascertaining the true facts of the case, as well as interference in the judiciary's work," Clerides said in a statement.
The woman, who hasn't been named was found guilty on Monday on a charge of public mischief and is due to be sentenced Jan. 7. The charge carries a maximum of a year in prison and a fine of 1,700 euros ($1, 907).
She insists that she was raped in a hotel room at a coastal resort town on July 17 and that she was forced to sign the retraction 10 days later while under police questioning. Her lawyers said they would appeal the decision, citing the judge's refusal to consider evidence that she had been raped.
Legal Insight 2019/12/26 09:01
The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.
Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.
It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.
“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”
The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.
“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.
Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.
Legal Business 2019/12/23 09:02
An Albuquerque man’s convictions in the beating and fatal stabbing of his ex-wife’s husband will stand.
Terry White is serving life in prison plus 12 years for the December 2016 death of Don Fluitt. Fluitt’s body was found in the garage of his northwest Albuquerque home amid a custody battle with his ex-wife over his then-11-year-old daughter.
White’s attorneys had argued the evidence wasn’t sufficient to convict White of first-degree murder, aggravated burglary and tampering with evidence.
The state Supreme Court disagreed in a ruling Monday, saying the evidence was overwhelming.
The justices also said the trial court properly allowed testimony from a Navajo County, Arizona, sheriff’s deputy who said he believed White was attempting to commit suicide at a truck stop in Holbrook, Arizona.
The deputy approached White after seeing a blue hose leading from the exhaust inside White’s vehicle and towels stuffed in the windows. The deputy took White into custody when he discovered White had a warrant for his arrest.
White’s attorney argued the deputy’s testimony was speculative, but the high court said the jury reasonably could have inferred that White was attempting suicide.
White was charged in Fluitt’s death after his DNA was found under Fluitt’s fingernails.
Lawyer Blog Post 2019/12/21 09:01
America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes.
“Nobody ever went to a ballgame to see the umpire,” Roberts said.
His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial. He will be in the national spotlight, but will strive to be like that umpire ? doing his best to avoid the partisan mire.
“He’s going to look the part, he’s going to play the part and he’s the last person who wants the part,” said Carter Phillips, who has argued 88 Supreme Court cases, 43 of them in front of Roberts.
He has a ready model he can follow: Chief Justice William Rehnquist, who never became the center of attention when he presided over President Bill Clinton’s Senate trial.
As Roberts moves from the camera-free, relative anonymity of the Supreme Court to the glare of television lights in the Senate, he will have the chance to demonstrate by example what he has preached relentlessly in recent years: Judges are not politicians.
Court Watch 2019/12/18 09:22
The U.S. Supreme Court on Monday left a lower court ruling in place that struck down a law making it a crime to sleep in public places when homeless shelter space is unavailable.
A federal appeals court had ruled that the anti-camping ordinance in Boise, Idaho, was cruel and unusual punishment, violating the Constitution's Eighth Amendment. "A state may not criminalize conduct that is an unavoidable consequence of being homeless," the appeals court said.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
Lawyers for the city argued that Boise wanted to enforce the ordinance "in the parks, foothills, and other public areas not just to keep them safe and sanitary but also to allow users to utilize the public spaces as they were intended to be used." Supporters of the law said people sleeping on the streets are unsafe and make residents feel less safe.