Legal Business 2019/01/28 11:11
A federal appeals court has ruled in favor of a North Carolina man who's spent more than four decades in prison for a murder he says he didn't commit.
The Wilson Times reports the 4th U.S. Circuit Court of Appeals unanimously concluded 80-year-old Charles Ray Finch's constitutional rights were violated during three police lineups and no reasonable juror would have convicted Finch based on the totality of evidence.
Finch was convicted in the 1976 death of Richard Holloman, who was shot during a failed robbery inside his country store.
The Duke Wrongful Convictions Clinic has worked on Finch's case since 2001. Co-director Jim Coleman says the ruling technically sends the case back to the lower court, but he hopes state Attorney General Josh Stein will join a motion to overturn the conviction and release Finch.
Legal Business 2019/01/21 22:57
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.
Legal Business 2018/12/17 10:57
Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
Legal Business 2018/12/15 11:01
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.
Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.
Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.
He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.
Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.
In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”
Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.
Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.
Legal Business 2018/12/14 11:01
India's top court on Friday rejected petitions by activists seeking a probe into the government purchase of 36 Rafale fighter jets from France. Chief Justice Ranjan Gogoi said there was no reason to doubt the government's decision-making process in the multibillion dollar deal.
The purchase has become a major political issue in India with the main opposition Indian National Congress party accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when it was the ruling party before Modi came to power in 2014.
The government has denied the claim but says a secrecy clause governs the deal's pricing. Gogoi said it was not the job of the court to deal with the comparative details of the pricing. Activist Prashant Bhushan, a petitioner, said he believes that the court verdict was against the country's interests.
"The aircraft deal needed a proper investigation in view of allegations about its pricing" and the choice of Indian partners, Bhushan said.
Congress party President Rahul Gandhi has accused Modi's government of favoring a company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault, the aircraft manufacturer.
Randeep Surjewala, a party spokesman, demanded a probe by a joint parliamentary committee. The government has denied any wrongdoing. The Supreme Court said "there was no substantial evidence of commercial favoritism to any private entity" and there was no reason to interfere with the issues of procurement, pricing and partner.
The controversy has intensified following comments in October by former French President Francois Hollande — who was in charge when the deal was signed in 2016 + suggesting France had no say in selecting the Indian company.
Legal Business 2018/12/08 12:06
Robert Mueller is set to reveal more details about his Russia investigation on Friday as he faces court deadlines in the cases of two men who worked closely with President Donald Trump.
The special counsel and federal prosecutors in New York are filing court memos detailing the cooperation of longtime Trump legal fixer Michael Cohen, who has admitted lying to Congress and orchestrating hush-money payments to protect the president. And Mueller's team will also be disclosing what they say former Trump campaign chairman Paul Manafort lied about when his plea deal fell apart last month.
Cohen and Manafort are among five former Trump associates whom prosecutors have accused of lying either to federal investigators or to Congress.
The court filings will close out a week in which Mueller's team for the first time provided some details of the help they've received from former Trump national security adviser Michael Flynn. Prosecutors, who said Flynn's assistance was "substantial" and merited no prison time, disclosed that he had cooperated not only with the Russia investigation but also with at least one other undisclosed criminal probe.
The new details about Mueller's investigation are set to become public as Trump continues to lash out at the Russia investigation and those who help prosecutors. Trump singled out Cohen, accusing him of lying to get a reduced prison sentence. The president also praised another associate, Roger Stone, for saying he wouldn't testify against him, and Trump said a pardon for Manafort isn't off the table.