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Court issues temporary restraining order on Gov. Kelly's order
Court Feed News | 2020/04/20 06:15
A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening.

Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”

A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
Court issues temporary restraining order on Gov. Kelly's order

The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.

A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people.

The ruling was made by Judge John W. Broomes Saturday evening.

Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”

A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.

The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.



Court: UK shouldn’t give US evidence on pair of IS militants
Court Feed News | 2020/04/06 01:04
A court on Wednesday barred the British government from providing U.S. prosecutors with evidence against two Islamic State militants suspected in the beheadings of Western hostages, citing the prospect the men could face the death penalty if tried and convicted in America.

The ruling by the British Supreme Court blocks an earlier decision by the country’s authorities to cooperate with the U.S. by sharing information about El Shafee Elsheikh and Alexanda Kotey.

The British men, captured two years ago by a Kurdish-led, U.S.-backed militia, are accused of participation in a brutal Islamic State group known for beheadings and barbaric treatment of American aid workers, journalists and other hostages in Syria.

The court decision is a setback for the U.S. Justice Department, where officials for years have been investigating the killings. U.S. officials have not announced any charges against the men, but have spoken publicly about their desire to see members of the cell, known as “The Beatles” for their British accents, face justice. The men were transferred to U.S. custody last October as Turkey invaded Syria to attack Kurds who have battling the Islamic State alongside American forces.

“We are disappointed with the UK Supreme Court’s decision and are considering the appropriate next steps,” said Justice Department spokesman Marc Raimondi. “As our investigation of these individuals continues, we will work with our UK counterparts on a path forward, consistent with our shared commitment to ensuring that those who commit acts of terror are held accountable for their crimes.”

It was not clear what those next steps would be, or whether the decision might prompt the Justice Department to remove the possibility of the death penalty from any eventual prosecution. Attorney General William Barr said in a private meeting last year with victims’ relatives that he wanted to see the militants brought to justice.


Supreme Court: Justices healthy and trying to stay that way
Court Feed News | 2020/03/22 00:24
The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.

To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.

The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.

Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.

Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year.


Australia’s High Court hears what may be Pell’s last appeal
Court Feed News | 2020/03/13 19:54
The most senior Catholic to be convicted of child sex abuse took his appeal to Australia’s highest court Wednesday in potentially his last bid to clear his name.

Cardinal George Pell was sentenced a year ago to six years in prison for molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.

He was convicted by the unanimous verdict of a Victoria state County Court jury in December 2018 after a jury in an earlier trial was deadlocked.

A Victoria Court of Appeal rejected his appeal against his convictions in a 2-1 majority decision in August last year.

Pope Francis’ 78-year-old former finance minister is arguing before the High Court that the guilty verdicts were unreasonable and could not be supported by the whole of the evidence from more than 20 prosecution witnesses who include priests, altar servers and former choirboys.

Seven judges are hearing the case over two days.

Pell’s lawyer Bret Walker told the judges that there had been a “reversal of onus” in which Pell was expected to prove the offending didn’t happen instead of prosecutors proving the crimes were committed beyond reasonable doubt.

“That is a wrong question which sends the inquiry onto a terribly damaging wrong route,” Walker said.

Walker said the allegations that Pell had molested the two boys in a priests’ sacristy moments after a Mass could not be proved if the jury had accepted the evidence of sacristan Maxwell Potter and Monsignor Charles Portelli.

Potter had testified that the sacristy was kept locked during Masses and Portelli had given evidence that he was always with Pell while he was dressed in his archbishop’s robes.


International court approves Afghanistan investigation
Court Feed News | 2020/03/12 02:55
International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.

The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.

Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.

“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”

Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.

A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.

While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely.


Court fight over lost dog survives after dog's owner dies
Court Feed News | 2020/02/10 03:07
A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.

The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.

Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.

A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.

Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.

The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration.


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