Legal Insight 2019/09/04 14:45
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.
On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”
The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.
Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.
Lawyer Blog Post 2019/09/04 14:43
Maurice the rooster can keep crowing, a French court ruled Thursday, as it rejected a complaint from neighbors who sued over noise nuisance.
Maurice’s case and several other lawsuits against the sounds of church bells, cow bells, cicadas and the pungent smells from farms have prompted a national debate over how to protect rural culture from the encroachment of expectations that are more associated with urban areas.
Maurice’s owner, Corinne Fesseau, will be able to keep the rooster on the small island of Oleron, off France’s Atlantic coast, the court decided. The frustrated neighbors are considering an appeal.
The rooster owner’s lawyer, Julien Papineau, told The Associated Press that Fesseau “is happy. She cried when I when I told her the court’s decision.”
Maurice’s dawn crowing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.
Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.
“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.
Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.
“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.
The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.
Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.
Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.
Court News 2019/08/30 14:47
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.
Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.
The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.
"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.
Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.
"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.
His legal team argued that he suffered "distress" and his privacy and data protection rights were violated when South Wales police processed an image taken of him in public.
But the judges said that the police force's use of the technology was in line with British human rights and data privacy legislation. They said that all images and biometric data of anyone who wasn't a match on the "watchlist" of suspects was deleted immediately.
Legal Insight 2019/08/14 09:09
A court in Thailand on Wednesday dismissed terrorism and other charges against 24 leaders of an extended street protest in 2010 that saw key areas of central Bangkok closed off and random violence that was ended by military force.
The Bangkok Criminal Court ruled that the two-month protest by the "Red Shirt" supporters of former Prime Minister Thaksin Shinawatra, during which 91 people were killed and thousands hurt, was "a political fight, not terrorism."
Thaksin was ousted by a military coup in 2006 after being accused of corruption and abuse of power. His allies won a 2007 election, but parliamentary maneuvering installed the rival Democrat Party in power in 2008, inspiring the 2010 protest that called for Democrat Prime Minister Abhisit Vejjajiva to step down.
Thaksin's ouster set off years of sometimes violent conflict between his supporters and opponents, both of which engaged in aggressive street protests against governments led by the other's faction. During three months of street protests in 2008, Thaksin's foes - known as the Yellow Shirts - occupied the prime minister's offices, as well as Bangkok's international airport for about a week.
The casualties in 2010 included soldiers as well as protesters. Unidentified armed men in black whose weapons included grenade launchers acted as a mysterious armed auxiliary to the protesters, but it appeared that most of the dead were unarmed civilians.
The case decided Wednesday was brought by state prosecutors and more than 40 business owners affected by the Red Shirts' seizure of Bangkok's central shopping and business district, and involved charges of terrorism, criminal association, using force to damage government property, inciting unrest, possession of arms, obstruction of officials through intimidation and gathering more than 10 people to cause chaos. The defendants were acquitted of all charges.
Legal Business 2019/08/12 09:10
A Pennsylvania appeals court on Monday questioned why actor Bill Cosby never got a supposed non-prosecution agreement in writing as his lawyers asked the panel to overturn his sexual assault conviction.
Cosby, 82, is serving a three- to 10-year prison term for drugging and molesting a woman at his home in what became the first celebrity trial of the #MeToo era.
The three-judge panel asked why Cosby’s top-shelf lawyers didn’t follow the norm and get an immunity agreement in writing, and approved by a judge, when accuser Andrea Constand first came forward in 2005.
“This is not a low-budget operation. ... They had an unlimited budget,” said Superior Court Judge John T. Bender. “Could it be they knew this was something the trial court would never have allowed?”
Cosby’s lawyers have long argued that he relied on the promise before giving testimony in Constand’s 2005 lawsuit that proved incriminating when it was unsealed a decade later.
Judge Carolyn Nichols echoed Bender’s point, asking, “how can the elected district attorney bind that office in perpetuity?”
Cosby’s lawyers also attacked Montgomery County Judge Steven O’Neill’s decision to let five other accusers testify when Cosby went on trial last year, after more than 60 accusers came forward and his deposition was unsealed. Prosecutors said they chose women whose accounts showed that Cosby had a “signature” crime pattern. Bender seemed to agree, interrupting defense arguments that their stories had significant differences.
Legal Insight 2019/08/10 09:11
A suspected gunman accused of an attempted terrorist attack on an Oslo mosque and separately killing his teenage stepsister appeared in court on Monday looking bruised and scratched, but smiling.
The suspect did not speak, and his defense lawyer Unni Fries told The Associated Press he “will use his right not to explain himself for now.”
Philip Manshaus, 21, was arrested Saturday after entering a mosque in Baerum, an Oslo suburb, where three men were preparing for Sunday’s Eid al-Adha Muslim celebrations. Police said he was waving weapons and several shots were fired but did not specify what type of weapon was used. One person was slightly injured before people inside the Al-Noor Islamic Center held the suspect down until police arrived on the scene.
Police then raided Manshaus’ nearby house and found the body of his 17-year-old stepsister. He is also suspected in her killing, police said, but did not provide details.
The head of Norway’s domestic security agency said Monday officials had received a “vague” tip a year ago about the suspect, but it was not sufficient to act because officials had no information about any “concrete plans” of attack.
Hans Sverre Sjoevold, head of Norway’s PST agency, told a news conference that the agency and the police receive many tips from worried people every day and the information “didn’t go in the direction of an imminent terror planning.”
The suspect’s lawyer declined to comment on Norwegian media reports that Manshaus was inspired by shootings in March in New Zealand, where a gunman killed 51 people, and on Aug. 3 in El Paso, Texas, which left at least 22 dead.
The suspect smiled as he appeared in court Monday with dark bruises under both eyes and scratches across his face and neck. Police had said that he was prepared to cause deaths and more injuries but didn’t succeed because people inside the mosque helped neutralize him.