Lawyer Blog Post 2020/01/14 10:17
The Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
Michelle Carter is serving a 15-month sentence after being convicted of involuntary manslaughter in the 2014 death of her boyfriend, Conrad Roy III. A judge determined that Carter, who was 17, caused the death of the 18-year-old Roy when she ordered him in a phone call to get back in his carbon monoxide-filled truck that he’d parked in a Kmart parking lot.
The phone call wasn’t recorded, but the judge relied on a text Carter sent her friend in which she said she told Roy to get back in. In text messages sent in the days leading up to Roy’s death, Carter also encouraged Roy to follow through with his suicide plan and chastised him when he didn’t, Massachusetts courts found.
The case has garnered national attention and sparked legislative proposals in Massachusetts to criminalize suicide coercion.
Carter’s lawyers argued in their Supreme Court appeal that the conviction should be thrown out because it was an “unprecedented” violation of her free speech rights that raised crucial questions about whether “words alone” are enough to hold someone responsible for another person’s suicide.
The lawyers also argued there was simply not enough evidence to prove Carter urged Roy to to get back in his truck to die, or that he would have lived if she had called for help or taken other actions to try and save his life.
Joseph Cataldo, one of Carter’s lawyers, said Monday’s decision was an “injustice” and that the legal team is weighing its next steps. He didn’t elaborate.
“The Court passed on the rare chance to clarify an outdated and confusing exception to the First Amendment, which has divided courts around the country,” said Daniel Marx, another one of Carter’s lawyers. “It also missed an invaluable opportunity to address the toxic combination of mental illness, adolescent psychology, and social media that was at the heart of this suicide case and will likely lead to additional tragedies in the future.”
The court’s decision was welcomed by Bristol District Attorney Thomas Quinn III, whose office prosecuted the case.
“The US Supreme Court’s decision today brings closure to the family of Conrad Roy for his tragic death. I hope that the finality of this decision brings some solace to them,” he said in a statement.

Legal Business 2020/01/11 10:18
The southern Indian state of Kerala on Tuesday became the first to legally challenge a new citizenship law that has triggered nationwide demonstrations.
In a petition to the Supreme Court, the state government said the law violates the secular nature of India's Constitution, and accused the government of dividing the nation along communal lines.
The citizenship law backed by Prime Minister Narendra Modi’s Hindu-nationalist party provides a path to naturalization for people from Bangladesh, Afghanistan and Pakistan, unless they’re Muslim. It has triggered nationwide protests and clashes with police, leading to 23 deaths.
The rallies have slowly morphed into much wider anti-government protests.
Critics say the law, which was passed by Parliament on Dec. 11, will be used in conjunction with a citizenship registry that could require all Indians to produce documents proving their origins, a challenge in a country where many people lack official records including birth certificates.
Kerala, a state ruled by a communist party, has strongly opposed the law and passed a resolution against in early January. The state government criticized the law in front-page advertisements in at least three national newspapers on Jan. 10, saying the state is "leading the efforts to protect constitutional values.”
Modi’s Bharatiya Janata Party said the move by the state was political.
Pinarayi Vijayan, chief minister of the state, has also written to the heads of 11 other states not ruled by Modi’s party, urging them to unite in their fight against the law.

Legal Insight 2020/01/10 10:20
WikiLeaks founder Julian Assange made a brief court appearance Monday in his bid to prevent extradition to the United States to face serious espionage charges.
He and his lawyers complained they weren't being given enough time to meet to plan their battle against U.S. prosecutors seeking to put him on trial for WikiLeaks' publication of hundreds of thousands of confidential documents.
The 48-year-old was brought to court from Belmarsh Prison on the outskirts of London. He saluted the public gallery, which was packed with ardent supporters including the musician MIA, when he entered the courtroom. He later raised his right fist in defiance when he was taken to holding cells to meet with lawyer Gareth Peirce.
Peirce said officials at Belmarsh Prison are making it extremely difficult for her to meet with Assange.
“We have pushed Belmarsh in every way ?- it is a breach of a defendant's rights,” she said.
Assange refrained from making political statements. He confirmed his name and date of birth, and at one point said he didn't understand all of the proceedings against him during the brief hearing at Westminster Magistrates' Court.
He faces 18 charges in the U.S., including conspiring to hack into a Pentagon computer. He has denied wrongdoing, claiming he was acting as a journalist entitled to First Amendment protection.
Many advocacy groups have supported Assange's claim that the charges would have a chilling effect on freedom of the press.

Legal Insight 2020/01/04 10:23
Everyone knows Wisconsin will be in the spotlight for the presidential race in 2020. It's one of just a few states where the electorate is so evenly divided, it could swing either way. That is the biggest prize on the ballot this year, but it's far from the only contest for Wisconsin voters. Here are the highlights of what's on Wisconsin's political horizon in 2020:
PRESIDENTIAL RACE
Wisconsin will be the focus of the presidential race all year. President Donald Trump won Wisconsin by fewer than 23,000 votes in 2016 and both sides expect another close race. Wisconsin is one of just a few states expected to be competitive and for that reason, many expect it to be the epicenter of the fight for the White House. Democrats will get a chance to vote for their nominee on April 7. With a large field and unsettled race, many expect it to still be undecided for Wisconsin's primary. Milwaukee hosts the Democratic National Convention in July and both sides are expected to flood the state with money ? and candidate appearances ? before the November election.
SUPREME COURT
Wisconsin elects its Supreme Court justices and one of them who was appointed by then-Gov. Scott Walker, a Republican, is up for election in April. Dan Kelly was appointed in 2016 and now he's running for a full 10-year term. He's part of the current 5-2 conservative majority on the court. If he wins, that majority will not change. But if one of two liberal candidates prevail, the conservative hold on the court will drop to 4-3. Dane County Circuit Judge Jill Karofsky and Marquette University law professor Ed Fallone have Democratic support in the race. A Feb. 18 primary will narrow the field to two candidates. The winner will be elected on April 7. That is the same day as Wisconsin's presidential primary, when Democratic turnout is expected to be high. That could spell trouble for Kelly.

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.
