Court suspends ex-Chad dictator trial to ready new lawyers

Court News 2015/07/21 21:06   Bookmark and Share
The trial of Chad's ex-dictator Hissene Habre was suspended on Tuesday until September to allow court-appointed lawyers to prepare his defense.

The Extraordinary African Chambers, established by Senegal and the African Union, is trying the former leader of Chad for crimes against humanity, war crimes and torture, in an unprecedented case of one African country prosecuting the former ruler of another.

Habre on Tuesday refused representation but Attorney General Mbacke Fall said Habre must accept lawyers appointed by the judge, since he refused to be represented by his own.

Three Senegalese lawyers were appointed by the court to represent Habre and they were given until Sept. 7 to prepare the defense.

"The appointed lawyers have a duty to defend Habre. Even if the accused refuses to collaborate with the appointed lawyers for him, the procedure will continue," said Judge Gberdao Gustave Kam.

Habre has said he does not recognize the special tribunal, dismissing it as politically motivated. On Monday, Habre was taken away from court by security guards after he and a supporter yelled out, causing chaos. He then refused to return, submitting a statement saying he had been illegally detained.

Habre's government was responsible for an estimated 40,000 deaths, according to a report published in May 1992 by a 10-member truth commission formed by Chad's current President Idriss Deby. The commission singled out Habre's political police force for using torture.

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Ill. high court rejects intervention on state paychecks

Court News 2015/07/19 09:31   Bookmark and Share
The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.

The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.

Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.

A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.

A St. Clair County judge decreed it would violate the Constitution not to pay them.

State Comptroller Leslie Munger began paying workers this week.

A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.

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Appeals court stops prosecution of cops in black suburb

Court News 2015/07/10 15:58   Bookmark and Share
An Ohio appeals court has stopped authorities in a predominantly black suburb from prosecuting five white Cleveland police supervisors for failing to stop a chase that ended with two black suspects being killed in a 137-shot barrage of police gunfire in November 2012.
 
The appellate court's ruling puts a case in East Cleveland against the supervisors on hold. The East Cleveland prosecutor last week filed misdemeanor dereliction-of-duty charges against the supervisors that were identical to charges filed in county court in May 2014. Attorneys for the supervisors filed a complaint Wednesday to get the new charges dropped.

A hearing scheduled for Friday in East Cleveland Municipal Court has been canceled. The supervisors' trial in county court is scheduled to begin July 27. East Cleveland is 93 percent black.
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Oklahoma court to look at blocking Tulsa grand jury probe

Court News 2015/07/03 14:31   Bookmark and Share
The Oklahoma Supreme Court said Thursday it will consider whether to stop a grand jury investigation into an embattled sheriff whose longtime friend and volunteer deputy fatally shot an unarmed man.

Attorneys for Tulsa County Sheriff Stanley Glanz want justices to toss out a lower court's decision to empanel a grand jury on July 20. The state Supreme Court late Thursday appointed a referee to hear evidence and arguments in the case on July 14.

More than 6,600 Tulsa residents petitioned for the investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were shown special treatment. Glanz's lawyers say some signatures were gathered improperly and the petition should be tossed.

District Judge Rebecca Nightingale on Tuesday rejected Glanz's claims. Terry Simonson, a spokesman for the sheriff, said Glanz is appealing to the high court because the law has been applied incorrectly.

"He has the same rights as every citizen in Oklahoma to defend the position he believes in and the right to appeal based upon that conviction," Simonson said. "That's what he did today."

The petition drive began after reserve deputy Robert Bates, 73, shot and killed Eric Harris on April 2. Harris ran from authorities during a gun-sales sting operation and Bates maintains he confused his stun gun and handgun. Bates has pleaded not guilty to second-degree manslaughter in the slaying.
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Supreme Court upholds key tool for fighting housing bias

Court News 2015/06/25 09:18   Bookmark and Share
The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.

The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.

Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.

The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.

In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.

Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.

"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.

Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

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Dispute over union fees could return to Supreme Court

Court News 2015/06/24 09:19   Bookmark and Share
Powerful public-sector unions are facing another high-profile legal challenge that they say could wipe away millions from their bank accounts and make it tougher to survive.
 
A group of California schoolteachers, backed by a conservative group, wants the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join.

Half the states currently require state workers represented by a union to pay "fair share" fees covering bargaining costs, even if they are not members. The justices could decide as soon as next week whether to take the case.

Union opponents say it violates the First Amendment to require fees from nonmembers that may go to causes they don't support. They want the high court to overturn a 38-year-old precedent allowing the fees.

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