States urge Supreme Court to hear Kennedy cousin case

Legal Insight 2018/09/13 11:43   Bookmark and Share
Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.

The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.

The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.

Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.

The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny.
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Iran goes to UN's highest court over re-imposed US sanctions

Legal Insight 2018/08/24 10:22   Bookmark and Share
Iran went to the United Nations' highest court Monday in a bid to have U.S. sanctions lifted following President Donald Trump's decision earlier this year to re-impose them, calling the move "naked economic aggression."

Iran filed the case with the International Court of Justice in July, claiming that sanctions the Trump administration imposed on May 8 breach a 1955 bilateral agreement known as the Treaty of Amity that regulates economic and consular ties between the two countries.

At hearings that started Monday at the court's headquarters in The Hague, Tehran asked judges at the world court to urgently suspend the sanctions to protect Iranian interests while the case challenging their legality is being heard — a process that can take years.

In a written statement, U.S. Secretary of State Mike Pompeo called the legal move an attempt by Tehran "to interfere with the sovereign rights of the United States to take lawful actions, including re-imposition of sanctions, which are necessary to protect our national security."

Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.

Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.

Iranian representative Mohsen Mohebi told the court the U.S. decision was a clear breach of the 1955 treaty as it was "intended to damage, as severely as possible, Iran's economy."

Iran's 2015 nuclear deal imposed restrictions on the Islamic Republic's nuclear program in return for the lifting of most U.S. and international sanctions against Tehran.
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Court: Dismissal of cop's Black Lives Matter lawsuit is just

Legal Insight 2018/08/16 18:02   Bookmark and Share
A federal appeals court says a Louisiana court rightly dismissed a deputy's lawsuit accusing Black Lives Matter and several leaders of inciting violence that led to a deadly 2016 attack on law enforcement officers.

The Advocate reports a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously supported the lower court's ruling Wednesday. A judge found last year that the lawsuit failed to state a plausible claim for relief.

The suit doesn't name the officer but its description of the plaintiff matches East Baton Rouge Parish Sheriff's Deputy Nicholas Tullier, who was critically wounded by 29-year-old Gavin Long. Long killed three law enforcement officers and was later gunned down by authorities.

The attack occurred less than two weeks after a white Baton Rouge officer killed 37-year-old black man Alton Sterling during a struggle.

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Ugandan pop star, a government critic, faces military court

Legal Insight 2018/08/15 18:03   Bookmark and Share
A pop singer and prominent critic of Uganda's government was charged with unlawful possession of firearms and ammunition in a military court on Thursday for his alleged role in clashes in which the longtime president's motorcade was attacked by people throwing stones.

Lawmaker Kyagulanyi Ssentamu, whose stage name is Bobi Wine, was arrested in the northwestern town of Arua earlier this week. In a court session closed to reporters, he was remanded and will reappear on Aug. 23, the military said in a statement.

Ssentamu's wife insisted he doesn't know how to handle a weapon, and rights activists demanded his release. In a suburb of the capital, Kampala, small groups of his supporters took to the streets and burned tires in protest but police quickly dispersed them, national police spokesman Emilian Kayima said.

Three other lawmakers arrested alongside Ssentamu were charged earlier on Thursday with treason in a magistrates' court in the northern town of Gulu, where he was detained.

Many Ugandans expressed concern for Ssentamu's safety after Uganda's deputy prime minister told lawmakers he had been hospitalized in custody, without giving details.

The clashes broke out on Monday when Ssentamu and other politicians, including President Yoweri Museveni, were in Arua campaigning in a by-election to choose a lawmaker after the previous one was shot dead near Kampala in June.

Ssentamu's driver was shot dead in the clashes. The lawmaker later posted a picture of the dead man on Twitter, saying he had been killed by the police "thinking they've shot at me."

A group of lawmakers authorized by the parliamentary speaker to investigate the situation told reporters on Thursday that they had been unable to see the pop star.
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N Carolina Supreme Court race lawsuit returning to court

Legal Insight 2018/08/13 23:19   Bookmark and Share
A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.

A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month.

The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican.

Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.

A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.

A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month.

The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican.

Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.

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Court tosses challenge to Virginia's 'habitual drunkard' law

Legal Insight 2018/08/10 23:18   Bookmark and Share
A federal appeals court has thrown out a lawsuit challenging a Virginia law that allows police to arrest and jail people designated by courts as "habitual drunkards" if they are caught with alcohol.

The unanimous ruling Thursday by a three-judge panel of the 4th U.S. Circuit Court of Appeals upholds a lower court judge who dismissed the lawsuit last year. But one of the judges criticized the law, saying it "criminalizes the otherwise legal behavior of individuals suffering from a serious illness."

The Legal Aid Justice Center argued in its lawsuit that the law is used to punish homeless alcoholics who have nowhere else to drink but in public.

Virginia's attorney general argued that the state has a legitimate interest in discouraging alcohol and drug abuse.
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