Legal Business 2015/11/03 09:35
South Africa's Supreme Court of Appeal grilled Oscar Pistorius' attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court's manslaughter conviction or order a retrial.
Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, and that the double-amputee Olympian should have known that someone could be killed when he fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine's Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.
One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn't think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.
"If you look at the photographs, there's room behind there for a toilet bowl and a person and just about nothing else," Justice Lorimer Leach said to defense lawyer Barry Roux. "There's nowhere to hide. It would be a miracle if you didn't shoot someone."
Legal Business 2015/09/19 17:14
A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of directly paying for it.
The ruling by a three-judge 8th U.S. Circuit Court of Appeals panel in St. Louis upheld lower court decisions that sided with plaintiffs who included three Christian colleges in Missouri, Michigan and Iowa.
The 25-page opinion conflicts with all other federal appellate courts, which have found in the U.S. government's favor.
As religiously affiliated entities, those colleges victorious with Thursday's ruling don't have to pay directly for their workers' birth control. Instead, they can seek an accommodation that requires their insurance providers to pay for it. But the groups still say the scheme makes them complicit in the providing of contraception and subjected them to possible fines for noncompliance.
Circuit Judge Roger Wollman, writing the ruling on the panel's behalf, wrote that the contraceptive mandate and accommodation process of the Affordable Care Act substantially burdens the plaintiffs' exercise of religion.
Those plaintiffs included Heartland Christian College in Newark, Missouri, Dordt College in Sioux Center, Iowa, and Cornerstone University in Grand Rapids, Michigan, as well as Bethel, Missouri-based CNS International Ministries Inc., a nonprofit provider of addiction services.
The Justice Department, which has called the lawsuits meritless and an attempt to prevent female employees from obtaining coverage, defended the federal government in the cases but directed The Associated Press' questions Thursday to the White House, where a statement called the rulings disappointing.
"As all of the other seven U.S. courts of appeals to address this issue have held, the contraceptive accommodation process strikes the proper balance between ensuring women have equal access to health care and protecting religious beliefs," that statement read.
Legal Business 2015/09/16 17:14
A friend of the man accused of gunning down nine parishioners at a Charleston church is charged with lying to federal authorities and concealing information during their investigation, and he was scheduled for his first court appearance Friday.
Court documents dated Tuesday and unsealed Friday say that Joey Meek, 21, told an FBI agent that he did not know specifics about Dylann Roof's plan to shoot the churchgoers during Bible study, but the FBI says that was a lie.
Authorities notified Meek last month that he was under investigation. He was arrested Thursday. It wasn't clear whether he had an attorney to contact for comment on the case, but his girlfriend has said he is innocent. Meek was expected to appear in court for arraignment at 11 a.m. Friday.
Meek has said Roof stayed with him in before the shootings. Meek previously told The Associated Press that Roof had drunkenly complained that "blacks were taking over the world" and "someone needed to do something about it for the white race."
Roof faces federal hate crime charges as well as nine counts of murder in state court in the June 17 shootings.
On Aug. 6, Meek received a letter that he was the target of an investigation.
Legal Business 2015/08/06 00:20
Texas Attorney General Ken Paxton had an investment opportunity: a tech startup making data servers. He told people he had put his own money into Servergy Inc., according to prosecutors, and helped persuade a state lawmaker and another wealthy businessman to buy more than $100,000 in shares.
All the while, Paxton was actually being compensated by Servergy, according to an indictment unsealed Monday, the same day the state's top law enforcement officer turned himself into jail on securities fraud charges. The alleged deception took place before Paxton took office in January. If convicted, the rising Republican star could face five to 99 years in prison.
It was a low moment for a tea-party favorite who is barely seven months on the job, and whom GOP presidential candidate Ted Cruz candidate called a "tireless conservative warrior" when Paxton ran for office last year.
Attorneys for Paxton, 52, said he will plead not guilty to two counts of first-degree securities fraud and a lesser charge of failing to register with state securities regulators.
"He is looking forward to the opportunity to tell his side of the story in the courtroom," said Dallas attorney Joe Kendall, adding that a judge instructed Paxton's lawyers not to comment further.
A frenzy of media outside the Collin County jail in Paxton's hometown was reminiscent of a year ago, when then-Texas Gov. Rick Perry was booked after being indicted on charges of abusing his power with a 2013 veto. But whereas Perry defiantly welcomed the cameras at jail, Paxton ducked reporters after his booking, driving away in a black SUV.
Nor did top Texas Republicans rush to Paxton's side with the same outrage as they did with Perry, whose case has not yet gone to trial. Republican Gov. Greg Abbott, who last held the attorney general job, issued only a brief statement that urged the justice system to play out.
Legal Business 2015/07/29 13:05
A federal appeals court Monday dismissed a legal challenge to a California law banning the sale, distribution and possession of shark fins.
The legislation does not conflict with a 19th century law that gives federal officials authority to manage shark fishing off the California coast or significantly interfere with interstate commerce, the 9th U.S. Circuit Court of Appeals said.
The 2-1 ruling upheld a lower court decision tossing the lawsuit brought by the Chinatown Neighborhood Association and Asian Americans for Political Advancement, a political action committee.
The groups had argued that the ban — passed in 2011 — unfairly targeted the Chinese community, which considers shark fin soup a delicacy. Shark finning is the practice of removing the fins from a living shark, leaving the animal to die.
Joseph Breall, an attorney for the groups, said they were reviewing their options and had not yet decided whether to appeal. He said he was heartened by the dissenting opinion by Judge Stephen Reinhardt, who said the plaintiffs should have been allowed to amend their lawsuit.
The plaintiffs had argued on appeal that the shark fin law conflicted with the federal law intended to manage shark fishing off the California coast.
The majority in the 9th Circuit ruling, however, said the federal law has no requirement that a certain number of sharks be harvested, and even if it did, the California law still allowed sharks to be taken for purposes other than obtaining their fins.
The federal law, additionally, envisions a broad role for states in crafting fishery management plans, and, like California's ban, makes conservation paramount, the court said.
Legal Business 2015/07/24 16:25
A once-powerful New York politician was convicted Friday on charges he lied to the FBI in an attempt to obstruct a corruption investigation targeting him for embezzlement.
A federal jury in Brooklyn reached the verdict after deliberating for about a week at the trial of state Sen. John Sampson.
The Brooklyn Democrat was found guilty of one count of obstruction of justice and two counts of making false statements. He was acquitted on six other counts, including witness tampering.
Sampson, 50, who was re-elected last year, was at the center of the latest federal trial resulting from federal prosecutors' campaign against dirty dealing in Albany.
The verdict showed that the jury agreed that the defendant has an "utter disregard for the rule of law and criminal justice system," acting U.S. Attorney Kelly Currie said outside court.
Defense Attorney Nathaniel Akerman called the mixed verdict a partial victory, and told reporters he would pursue all his appeal options to appeal the convictions "until Mr. Sampson is vindicated."
Also speaking outside court, jury forewoman Kim O'Meally said that jurors decided to clear Sampson on the counts tied to a government cooperator, real estate developer Edul Ahmad. Asked what she thought of the witness, she replied: "He's dirty."
Prosecutors originally charged him with embezzling funds while acting as a court-appointed referee for home foreclosure proceedings in the mid-2000s. They also alleged he persuaded Ahmad to loan him nearly $200,000 to cover up the theft in exchange for political favors.