Austrian court: ex-Croatian general guilty of embezzlement

Court News 2017/04/18 11:13   Bookmark and Share
An Austrian court has found a former Croatian general guilty of embezzling millions of euros and sentenced him and an associate to two years in prison.

The court in the southern city of Klagenfurt determined Wednesday that the ex-general, Vladimir Zagorec, and Guenter Striedinger were involved in diverting loans from the now-defunct Hypo Alpe Adria Bank. Striedinger was a bank board member.

Judge Michaele Sanin said the damages caused by the two amounted to over 17 million euros ( $18 million.)

The bank was nationalized to prevent bankruptcy in 2009 and its assets are being sold to pay off creditors.

Lawyers for both men say they are appealing the verdict and sentence.

A third man whom the court did not name also was found guilty and given a suspended prison term.

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Newest justice joins high court amid competing caricatures

Court News 2017/04/12 01:18   Bookmark and Share
Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch.

Largely unknown six months ago, Gorsuch has seen his life story, personality and professional career explored in excruciating detail since he was nominated by President Donald Trump 10 weeks ago.

The portrait that emerges is more nuanced than the extremes drawn by his supporters and critics.

Gorsuch is widely regarded as a warm and collegial family man, boss and jurist, loyal to his employees and kind to those of differing viewpoints. He also has been shown to be a judge who takes such a "rigidly neutral" approach to the law that it can lead to dispassionate rulings with sometimes brutal results.

Four times during his confirmation hearings, Gorsuch invoked a "breakfast table" analogy, telling senators that good judges set aside what they have to eat — and their personal views — before they leave the house in the morning to apply the law and nothing else to the facts of the cases at hand. It was all part of Gorsuch's artful effort to reveal as little as possible of his own opinions.
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Arkansas asks court to block order on execution drugs

Court News 2017/04/02 15:24   Bookmark and Share
Arkansas prison officials asked the state's highest court Friday to stay a judge's order that they must disclose more information about one of the drugs they plan to use in the executions of eight men over a 10-day period in April.

The attorney general's office asked the state Supreme Court to issue a stay of Pulaski County Circuit Judge Wendell Griffen's order requiring Arkansas to release copies of the package insert and labels for its supply of potassium chloride, one of the three drugs used in its lethal injection protocol.

The state said it had released the documents, but had redacted information on the labels that it says could lead to identification of the drug's supplier. Steven Shults, the attorney who sued the state for the information, declined to comment on the case Friday.

Shults' attorneys asked the court to deny the state's motion, saying there was no evidence that the information withheld would identify the drug's supplier.

The filing said releasing all of the information would give Shults "an unreviewable victory that will completely undermine and obviate the confidentiality provisions" of the state's lethal injection law.

Arkansas hasn't executed an inmate since 2005 because of legal challenges and difficulty obtaining drugs. The state's 2015 lethal injection law keeps secret the source of the state's execution drugs.

The prison officials, who plan to execute eight inmates in a 10-day period next month before another one of the state's lethal drugs expires April 30, had refused to release packing slips that detail how the drugs are to be used. The Associated Press has previously used the labels to identify drugmakers whose products would be used in executions against their will. The AP renewed its request after the state acquired its potassium chloride in March, but was also rejected.
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Court bars release of videos made by anti-abortion group

Court News 2017/03/31 15:25   Bookmark and Share
A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.

The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.

The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.

The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.

It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.

A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.

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Dems force 1-week delay on panel vote on Supreme Court pick

Court News 2017/03/27 15:25   Bookmark and Share
Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.

As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.

That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.

The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.

It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.

Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.

Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.

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Immigration courts: record number of cases, many problems

Court News 2017/03/07 10:47   Bookmark and Share
Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.

When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.

The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.

Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.

The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges.
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