Court issues partial win to bin Laden assistant

Legal Insight 2014/07/15 13:37   Bookmark and Share
A federal appeals court on Monday set aside two of three convictions against a former personal assistant to Osama bin Laden.

The U.S. Court of Appeals for the District of Columbia Circuit issued the ruling in the case of Ali Hamza al-Bahlul, who produced propaganda videos for al-Qaida and assisted with preparations for the Sept. 11, 2001, terrorist strikes.

A military commission had convicted him of conspiracy to commit war crimes, providing material support for terrorism and soliciting others to commit war crimes. He has been sentenced to life imprisonment.

The appeals court rejected al-Bahlul's challenge to his conspiracy conviction but overturned his material support and solicitation convictions.

The court, in an opinion by Judge Karen LeCraft Henderson, said the government had offered little backup for the notion that a military commission could try defendants on the charges for which the convictions were overturned — material support for terrorism and solicitation to commit war crimes.

On the conspiracy conviction, the appeals court said Congress has positively identified conspiracy as a war crime.
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Oklahoma gay-marriage case before US appeals court

Legal Insight 2014/04/17 13:59   Bookmark and Share
Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.

Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.

Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.

A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws.
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Appeals court reinstates BP shareholders' lawsuit

Legal Insight 2014/02/17 16:20   Bookmark and Share
A federal appeals court on Thursday reinstated a shareholders lawsuit filed against BP Alaska in the wake of two oil spills in 2006 on the North Slope that exposed problems with the company's pipeline maintenance program.

A three-judge panel of the 9th U.S. Circuit Court of Appeals reversed the U.S. District Court of Western Washington on several claims.


Shareholders sued BP in 2008, claiming management made misleading statements about the conditions of the company's pipelines, and its maintenance and leak detection program after the first spill of 200,000 gallons onto the North Slope tundra two years earlier. The lawsuit claims BP made the statements knowingly or with deliberate recklessness.

The shareholders claim BP's share price fell 4 percent after the second spill five months later and the subsequent field shutdown for maintenance.

The Associated Press left messages seeking comment for attorneys on both sides of the case.

BP spokeswoman Dawn Patience said in an emailed statement that the company had not had an opportunity to study the decision, so "it would not be appropriate to comment."

BP Exploration Alaska Inc. was fined $20 million in 2007 after pleading guilty to a federal environmental crime for failing to prevent the crude spill, the largest ever at Prudhoe Bay.

The problems became known after the March 2006 spill prompted the FBI and the Environmental Protection Agency to open an investigation into maintenance practices at the 30-year-old field.

They found that thick sludge caked along the bottom of the leaky pipe was protecting colonies of bacteria that produce a corrosive acid. The acid had eaten an almond-sized hole in the steel over the course of several years, and that's where the spill occurred.
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Court: Legal status can't be used in civil cases

Legal Insight 2013/07/17 20:23   Bookmark and Share
A person's legal status in the country can't be used in civil cases by attorneys to intimidate or coerce under a new rule approved by the Washington Supreme Court last week.

Since 2007, advocates have been working to make the change to the Rules of Professional conduct that attorneys licensed in the state must adhere to following. The lobbying began after members of the Latino/a Bar Association of Washington had seen attorneys and, in some cases, judges discuss a person's legal status in the country openly in court to intimidate.

"We thought it was unethical to do," said Lorena Gonzalez, who was president of the attorney association at the time. "We looked at the rules there was silence on the issue."

The rule does not affect criminal cases, but does cover civil matters, such as family disputes, personal injury claims, workplace cases, medical malpractice and other fields.

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Ill. Supreme Court ends challenge to abortion law

Legal Insight 2013/07/13 09:37   Bookmark and Share
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.

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Corbett to pick Stevens for Pa. high court

Legal Insight 2013/06/19 10:55   Bookmark and Share
Gov. Tom Corbett plans to nominate state appeals court Judge Correale Stevens to temporarily fill a vacancy on the state Supreme Court.

Two people familiar with the decision told The Associated Press of Corbett's plans on condition of anonymity, saying the information was part of private conversations.

The decision comes more than a month after the opening was created following the resignation from the bench of Joan Orie Melvin. Melvin was convicted of using public employees to help her political campaigns.

Stevens will require a two-thirds approval by the state Senate to take a seat on the bench.
   
Stevens is a familiar face in state politics and government, and is currently president judge of state Superior Court, which handles criminal and civil appeals. His long career in public service also includes time as Luzerne County's district attorney, a county judge and seven years as a state representative.

Melvin and Stevens are both Republicans, so if he is confirmed the court will return to a four-to-three Republican majority.
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