Hong Kong asks Beijing to step in into row over UK lawyer

Court News 2022/11/30 12:16   Bookmark and Share
Hong Kong’s leader said on Monday he will ask Beijing to rule whether to let foreign lawyers be involved in national security cases after the city’s top court allowed a prominent pro-democracy publisher to hire a British lawyer for his upcoming trial.

John Lee said the government would ask for a postponement of Jimmy Lai’s high-profile trial that was due to start Thursday. But he did not offer a timetable for the interpretation that could effectively preempt the court judgment.

“At present, there is no effective means to ensure that a counsel from overseas will not have conflict of interest because of his nationality. And there is also no means to ensure that he has not been coerced, compromised, or in any way controlled by foreign governments, associations or persons,” he said.

The move was targeting overseas counsels who do not have the general practice qualification to carry out legal service in Hong Kong, he added.

Lai, the founder of the now-defunct Apple Daily and one of the most prominent figures in the city’s pro-democracy movement, was arrested after Beijing imposed a tough national security law to crack down on dissent following widespread protests in 2019. He faces collusion charges and a maximum penalty of life imprisonment.

While the city’s secretary for justice was appealing an earlier ruling that approved Lai to hire a veteran British lawyer at the top court, pro-Beijing politicians and newspapers also voiced objections over the last few days.
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Indiana Democrats pin legislative gains on abortion debate

Court News 2022/11/03 13:46   Bookmark and Share
Even before Republican legislators this summer made Indiana the first state to pass an abortion ban since the U.S. Supreme Court overturned Roe v. Wade, Democrats started urging angry voters to take their revenge at the ballot box.

Indiana Democrats haven’t let up on that push in the final days of this year’s elections, although a limited number of competitive races on the Nov. 8 ballot for the currently Republican-dominated Legislature leave them with slim chances of being able to do much about abortion access that is also being debated during campaigns across the country.

Indiana Republicans, meanwhile, argue that voters are more worried about other issues such as inflation and crime — concerns widely believed to favor the GOP.

Democratic candidate Joey Mayer said the abortion ban has remained a top issue as she’s talked with voters in a northern Indianapolis suburban district where she’s challenging a four-term Republican House member who voted in favor of the ban when it passed in August.
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Same-sex marriage is now legal in all of Mexico’s states

Court News 2022/10/27 13:53   Bookmark and Share
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.

The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.

The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.

The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.

A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.

In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.
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Appeals ruling leaves Trump fate in defamation suit in flux

Court News 2022/09/28 10:24   Bookmark and Share
A federal appeals court asked a Washington D.C. appeals court Tuesday to help it decide whether the United States should be substituted for former President Donald Trump as the defendant in a defamation lawsuit brought by a woman who says he raped her over a quarter century ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan in a 2-to-1 decision reversed a lower court ruling that had concluded Trump must face the lawsuit brought in Manhattan federal court by columnist E. Jean Carroll.

But it stopped short of saying the U.S. can be substituted for Trump as the defendant in the lawsuit. Instead, it asked The D.C. Court of Appeals, the highest court in the District of Columbia, to decide whether Trump’s public statements denying Carroll’s rape claims occurred within the scope of his employment as president.

Carroll maintains Trump defamed her with public comments he made after she wrote in a 2019 book that Trump raped her during a chance encounter in the mid-1990s in a Manhattan department store. Trump denied the rape and questioned Carroll’s credibility and motivations.

The 2nd Circuit said Trump would be entitled to immunity by having the U.S. substituted as the defendant in the lawsuit if it was decided that his statements came within the scope of his employment.
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Iran faces US in international court over asset seizure

Court News 2022/09/19 14:33   Bookmark and Share
Iran told the United Nations’ highest court on Monday that Washington’s confiscation of some $2 billion in assets from Iranian state bank accounts to compensate bombing victims was an attempt to destabilize the Iranian government and a violation of international law.

In 2016, Tehran filed a suit at the International Court of Justice after the U.S. Supreme Court ruled money held in Iran’s central bank could be used to compensate the 241 victims of a 1983 bombing of a U.S. military base in Lebanon believed linked to Iran.

Hearings in the case opened Monday in the Hague-based court, starting with Iran’s arguments. The proceedings will continue with opening statements by Washington on Wednesday.

At stake are $1.75 billion in bonds, plus accumulated interest, belonging to the Iranian state but held in a Citibank account in New York.

In 1983, a suicide bomber in a truck loaded with military-grade explosives attacked U.S. Marine barracks in Beirut, killing 241 American troops and 58 French soldiers.

While Iran long has denied being involved, a U.S. District Court judge found Tehran responsible in 2003. That ruling said Iran’s ambassador to Syria at the time called “a member of the Iranian Revolutionary Guard and instructed him to instigate the Marine barracks bombing.”

The international court ruled it had jurisdiction to hear the case in 2019, rejecting an argument from the U.S. that its national security interests superseded the 1955 Treaty of Amity, which promised friendship and cooperation between the two countries.
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Judge rules teen was justified in shooting assailant 7 times

Court News 2022/08/23 09:35   Bookmark and Share
A Georgia judge has dismissed a murder charge against a teen after concluding that he was legally justified in shooting a man seven times in 2021 because the man was trying to kidnap him.

The Ledger-Enquirer of Columbus reports that Muscogee County Superior Court Judge John Martin dismissed charges Wednesday against the unnamed teen at the behest of prosecutors who concluded from witnesses and video footage that the boy had a right to defend himself to stop a forcible felony under Georgia’s “stand your ground” law.

The boy, then 16, shot and killed Iverson Gilyard in August 2021 at a Columbus park. The newspaper withheld the boy’s name because he was a juvenile and has now been cleared of charges.

The boy was indicted as an adult in February for murder, aggravated assault, and possessing a gun while committing a felony. But prosecutors later concluded that Gilyard was the primary aggressor, entering the park and hitting the boy over the head with a handgun three times as the boy tried to get away.

Assistant District Attorney Robin Anthony said Gilyard, 22, also threatened to shoot the teen, saying “I’m going to bust you in the kidney.” When parents at the park complained, Anthony said Gilyard told the teen to follow him, stuck the gun in his waistband, and said, “You’d better not run, either.” Anthony said when Gilyard turned to walk away, the teen took a gun from his backpack and shot Gilyard. The 22-year-old was shot seven times, four times in the back, his family has said.
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