Court orders release of detained immigrant kids, not parents

Legal Business 2016/07/11 13:36   Bookmark and Share
A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.

The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.

Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.

Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.
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Thai military court adds to singer's jail term for insults

Legal Business 2016/07/09 13:36   Bookmark and Share
A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.

The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.

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Missouri Appeals Court to decide fight over frozen embryos

Legal Business 2016/06/05 23:57   Bookmark and Share
The Missouri Court of Appeals is being asked to decide whether a divorced St. Louis County couple's two frozen embryos are property or human beings with constitutional rights.

Jalesia McQueen, 44, is suing to be able to use the embryos, which have been stored for six years, to have more children. Her ex-husband, Justin Gadberry, 34, doesn't want to have any more children with McQueen and doesn't believe he should be required to reproduce.

The two signed an agreement in 2010 that would give McQueen the embryos if they divorced, but Gadberry sought to prevent that from happening when the pair did split. St. Louis County Family Court Commissioner Victoria McKee ruled in 2015 that the embryos were "marital property" and gave joint custody to the estranged couple, which required McQueen and Gadberry to agree on the embryos' future use.
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Iran's president slams US court ruling on frozen assets

Legal Business 2016/05/01 10:48   Bookmark and Share
Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country.

The U.S. Supreme Court ruled last week that the families of victims of a 1983 bombing in Lebanon and other attacks linked to Iran can collect nearly $2 billion in frozen funds from Iran as compensation.

Rouhani was quoted by state TV as warning that the United States would have to face up to "all the consequences of this illegal action," without elaborating. "The move indicates Washington's continued hostility against the Iranian nation," Rouhani added, speaking during a Cabinet meeting.

On Tuesday, the Cabinet tasked a group of top officials with examining the court decision and defending Iran's "rights."

The U.S. court's ruling directly affects more than 1,300 relatives of victims, some who have been seeking compensation for more than 30 years. They include families of the 241 U.S. service members who died in the Beirut bombing.
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Appeals court rules Mississippi can resume Google inquiry

Legal Business 2016/04/14 01:20   Bookmark and Share
Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.

The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.

Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.

The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
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Court papers: Witness ID'd man in playground shooting

Legal Business 2015/12/02 22:52   Bookmark and Share
A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.

Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.

Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.

Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.

Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.

Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."

"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."

For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice.

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