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Alleged Nazis faces charges in Spanish court
Legal World News | 2008/06/24 13:24
A human rights group has asked a Spanish court to indict four alleged former Nazi concentration camp guards and seek their extradition from the United States over the deaths of Spanish citizens, a lawyer said Tuesday.

The Brussels-based rights organization, Equipo Nizkor, names the suspects as John Demjanjuk, a retired, 88-year-old auto worker in Ohio who is also being sought by Germany; Anton Tittjung; Josias Kumpf; and Johann Leprich.

All four face deportation from the United States but no country is willing to take them in, the group said.

The group said it is acting under Spain's principle of universal jurisdiction. This states that war crimes, crimes against humanity, terrorism, torture and other heinous offenses can be prosecuted in Spain even if they are alleged to have been committed abroad.

Spanish judges have used the principle to go after the late Chilean dictator Augusto Pinochet, al-Qaida leader Osama bin Laden and figures from Argentina's so-called "dirty war" of the 1970s and 80s, among other people.



Court to rule in Tenn. inmate's appeal
Lawyer Blog News | 2008/06/24 11:25
The U.S. Supreme Court agreed Monday to consider whether poor death row inmates seeking mercy from state officials have a right to lawyers paid for by federal taxpayers.

The justices will likely hear oral arguments around the end of the year in the case of Edward Jerome Harbison, who was convicted in the 1983 beating death of an elderly woman in Chattanooga.

Federal appeals courts have taken different positions on the issue, making the case a good one for the court to resolve, the Bush administration said. The administration wants the justices to decide that federal law for indigent capital defendants does not extend taxpayer support to inmates' efforts to win clemency.

Separately, Harbison's execution is on hold after a federal judge ruled in September that Tennessee's three-drug lethal injection method amounted to cruel and unusual punishment because of the "substantial risk of unnecessary pain" to the inmate. The 6th U.S. Circuit Court of Appeals is now considering that case, following the high court's decision in April that upheld the constitutionality of lethal injection in Kentucky.

Harbison asked in 2006 to expand the responsibilities of his federal public defenders to also represent him in state clemency proceedings if he lost his court challenges.

Justice Department lawyers have argued against Harbison's request. "There is no constitutional right either to clemency itself or to counsel to pursue it," Justice Department lawyers said in the filing.



Court rules against long-distance companies
Headline News | 2008/06/23 15:45
The Supreme Court ruled Monday that a collection agency with no financial stake in a case can sue on behalf of its customers.

The 5-4 decision addresses a basic legal point, that courts can only hear cases when plaintiffs suffer actual injuries that are traceable to a defendant's conduct.

In the case before the court, APCC Services Inc. is trying to collect from Sprint Communications Co. and AT&T Inc. for coinless long-distance calls over the networks of Sprint and AT&T.

APCC provides billing and collection services on behalf of pay-phone service providers.

Writing for the majority, Justice Stephen Breyer said APCC may pursue the claim, even though it has promised to turn over any money from the lawsuit to pay-phone service providers.

A federal appeals court said the case could go forward because the pay-phone providers transferred the compensation claims to the collection agency and agreed to finance APCC's lawsuit. Breyer agreed, saying that for centuries, courts have found ways to allow those to whom compensation claims are assigned to bring suit.

In dissent, Chief Justice John Roberts said APCC has "nothing to gain from their lawsuit" and that under settled legal principles, that fact required dismissal of their complaint. Justices Antonin Scalia, Clarence Thomas and Samuel Alito joined the dissent.

Last year, the Supreme Court ruled that pay-phone companies that complained they hadn't been adequately compensated could sue long-distance carriers.



High court rejects case on fast track for border fence
Court Feed News | 2008/06/23 15:44
The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration's power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.

Homeland Security Secretary Michael Chertoff has used authority given to him by Congress in 2005 to ignore environmental and other laws and regulations to move forward with hundreds of miles of fencing in Arizona, California, New Mexico and Texas.

The case rejected by the court involved a two-mile section of fence in the San Pedro Riparian National Conservation Area near Naco, Ariz. The section has since been built.

"I am extremely disappointed in the court's decision," Rep. Bennie Thompson, D-Miss., said. "This waiver will only prolong the department from addressing the real issue: their lack of a comprehensive border security plan."

Thompson chairs the House Homeland Security Committee. He and 13 other House democrats — including six other committee chairs — filed a brief in support of the environmentalists' appeal.

Earlier this year, Chertoff waived more than 30 laws and regulations in an effort to finish building 670 miles of fence along the southwest border. Administration officials have said that invoking the legal waivers — which Congress authorized in 1996 and 2005 laws — will cut through bureaucratic red tape and sidestep environmental laws that currently stand in the way of fence construction.



Court will hear appeal by Tenn. death row inmate
Lawyer Blog News | 2008/06/23 15:44
The Supreme Court is stepping into the case of a convicted murderer who claims authorities concealed evidence that might have spared him a death sentence.

The justices have twice before reinstated the death sentence for Gary Bradford Cone, who was convicted of beating an elderly couple to death in Memphis during a robbery.

Cone acknowledged that he killed the couple, but said he was temporarily insane because of drugs and the stress of his wartime Vietnam experiences.

He argued that state and federal courts never considered his claims that the state withheld evidence of his drug use. A panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals ruled 2-1 that Cone's plea had no merit. The dissenting judge said Cone's claims were never fairly considered by either state or federal courts.

The appeals court had twice before issued rulings favorable to Cone, but was overruled each time by the Supreme Court.



SF court protects privacy of work communications
Lawyer Blog News | 2008/06/20 17:21
A federal appeals court has made it more difficult for employers to legally snoop on their workers' e-mails and text messages sent on company accounts.

Under a Wednesday ruling by the 9th U.S. Circuit Court of Appeals, employers that contract an outside business to transmit text messages can't read them unless the worker agrees.

Users of text messaging services "have a reasonable expectation of privacy" in their messages stored on the service provider's network, Judge Kim Wardlaw wrote in the three-judge panel's unanimous opinion.

The ruling also lets employers access employee e-mails only if they are kept on an internal server.

The text message part of the ruling will affect more employers. According to analysts, the majority of U.S. companies pay outside parties to transmit their workers' text messages but most keep their workers' e-mail on internal servers.



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