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Appeals court: Trump exceeded authority with travel ban
Court Feed News | 2017/12/27 13:54
A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.

The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.

Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.

Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.

The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.

The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.

"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.


Indiana Supreme Court considers eavesdropping case
U.S. Legal News | 2017/12/25 13:53
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.

Last month, the Supreme Court suspended Neary's law license for four years.

Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .

Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.

Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.

Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."

The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.



Commission to recommend pretrial reforms for Illinois courts
Law & Politics | 2017/12/22 13:53
Key players in the Illinois court system are set to scrutinize pretrial processes statewide to identify ways to make them fairer and more transparent.

The Illinois Supreme Court says the focal point of the push for reforms will be a Commission on Pretrial Practices. It’ll include everyone from judges and lawyers to legislators and court clerks.

Chief Justice Lloyd Karmeier said in a statement last week that the aim is to enact “sensible and practical reforms” that, among other things, ensure pretrial detention is ordered only when a suspect poses a clear threat.

He says the commission’s goal will be to understand “where the greatest problems lie” and “how those problems differ from jurisdiction to jurisdiction.” He didn’t say when the commission hoped to release its recommended reforms.


US jury acquits Peruvian defendant in FIFA bribery case
U.S. Legal News | 2017/12/20 13:52
A former South American soccer official was acquitted Tuesday of a corruption charge stemming from the FIFA bribery scandal after two others were convicted last week, capping a trial in which U.S. prosecutors sought to expose a culture of greed and corruption among the powerful men who oversee the world's most popular sport.

Jurors found Manuel Burga, the 60-year-old former president of Peru's soccer federation, not guilty of a single racketeering conspiracy charge.

Burga wept when the acquittal was announced. After the verdict, he came out of the courtroom, his eyes wet and said: "God Bless America. That's all I can say."

Burga said he would go home and resume a career as a lawyer that had been largely left behind for the last 15 years during his career as a soccer executive.

"My history in soccer is finished," he said. "I'll go back to the law."

On Friday, jurors told U.S. District Judge Pamela Chen they were deadlocked on Burga's case but had reached guilty verdicts on multiple charges against two other former officials: Juan Napout, of Paraguay, and Jose Maria Marin, of Brazil. Chen gave jurors the holiday weekend to think about Burga's case.

The judge had jailed Marin, 85, and Napout, 59, after their convictions Friday. The two were acquitted on some lesser charges. Burga, meanwhile, was waiting on his passport to return home.

Marin, Burga and Napout had been arrested in 2015. Prosecutors accused them of agreeing to take millions of dollars in bribes from businessmen seeking to lock up lucrative media rights or influence hosting rights for the World Cup and other major tournaments controlled by FIFA.



Myanmar court sentences 4 family members in maid abuse
Court Feed News | 2017/12/18 13:51
A court in Myanmar sentenced four members of a family to as much as 16 years in prison with hard labor on Friday after finding them guilty of enslaving and abusing their two teenage maids, in a case that has prompted widespread public outrage over the girls' treatment.

The two girls were 11 and 12 when they were sent to the city from their poor village in Myanmar's delta to work as maids for a family that owned a tailor shop. Five years later, a local journalist heard allegations of child abuse at the shop and investigated, pretending he wanted a suit. He wrote an article about the girls' broken fingers and scars from cuts, burns and beatings.

Police then investigated and arrested six family members who were accused of locking up and torturing the girls for five years, stabbing them with scissors and knives, and burning them with an iron. They were charged with assault and violations of anti-trafficking and child protection laws.

After a trial lasting more than a year, a district court in Yangon, Myanmar's largest city, on Friday sentenced the mother, Tin Thuzar, to 16 years and one month and two adult children to 13 years and one month, defense lawyer Hnin Su Aung said. The husband of one of the children also received a sentence of 13 years and one month.


Russian court: ex-minister guilty of taking $2 million bribe
Court Feed News | 2017/12/17 13:51
Russia's former economics minister was handed an eight-year prison sentence Friday after being convicted of accepting a $2 million bribe from one of President Vladimir Putin's top associates. The high-profile trial of Alexei Ulyukayev has been widely seen as part of infighting between Kremlin clans. Ulyukayev was a key member of a group of liberal-minded technocrats in the Cabinet, while his accuser, Igor Sechin is the most prominent representative of the hard-line flank of the Russian elite.

Sechin heads Russia's largest oil producer, Rosneft, and his clout seconds only that of Putin. The 61-year-old Ulyukayev is the highest-ranking Russian official to be arrested in more than two decades. The case was viewed by many as Sechin's personal vendetta against Ulyukayev, who had been critical of a Rosneft privatization plan proposed by Sechin.

Ulyukayev was detained a year ago at Rosneft's headquarters following a sting operation by the Federal Security Service (FSB), the main KGB successor agency.

Sechin claimed in written testimony that Ulyukayev was extorting a bribe from him in exchange for issuing a positive assessment of Rosneft's bid to take over another oil company, Bashneft.

Ulyukayev denied the charges, calling them a provocation set up by Sechin. The minister argued that a person would have to be insane to try to extort a bride from the powerful Sechin.

Sechin has flaunted repeated court orders to testify as a witness at Ulyukayev's trial, citing urgent business. Asked Thursday about Sechin's failure to show up, Putin said at his marathon news conference that he saw no violation of legal procedures by his lieutenant.

A Moscow court on Friday also ordered Ulyukayev to pay a $2.2 million fine.


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