Court to hear case over ID of Texas execution drug supplier

Legal Insight 2018/10/19 14:12   Bookmark and Share
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.

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Manhattan DA drops part of Weinstein case

Legal Insight 2018/10/11 10:44   Bookmark and Share
Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.
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Polish leader appoints top court judges, against ruling

Legal Insight 2018/10/07 10:50   Bookmark and Share
Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.

Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.

"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."

The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.

But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.

The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy.

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The Latest: 6 countries seek criminal probe of Venezuela

Legal Insight 2018/09/28 10:42   Bookmark and Share
Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.

Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.

The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.

Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.

U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."

Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.

Pompeo said that "much work remains, but we will continue to move forward."

Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule.

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Bill Cosby's day of reckoning arrives in court

Legal Insight 2018/09/26 10:40   Bookmark and Share
The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."

Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.

The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.

The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.

Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.

Constand said she now lives alone with her two dogs and has trouble trusting people.

"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.

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Belgian court rules out extradition for Spanish rapper

Legal Insight 2018/09/15 11:44   Bookmark and Share
A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.

The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.

"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.

Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.

"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."

The ruling could re-ignite tensions between Belgium and Spain over extradition demands.

Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.
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