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Cambodian court again rejects bail for opposition leader
Business Law Info |
2018/02/01 18:13
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An appeals court in Cambodia on Thursday denied a second request for the release on bail of opposition leader Kem Sokha, who has been charged with treason.
The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.
His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.
Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.
The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.
Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.
The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.
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Pennsylvania GOP take gerrymandering case to US high court
Business Law Info |
2018/01/27 13:15
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Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.
Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.
The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.
Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.
Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.
They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander.
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State high court won't hear Mateen Cleaves sex assault case
Business Law Info |
2018/01/12 13:58
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The Michigan Supreme Court has declined to review a judge's decision to reinstate sexual assault charges against former Michigan State basketball star Mateen Cleaves.
The state's high court on Wednesday joined three Michigan Court of Appeals judges, who in August denied Cleaves' request. Earlier, Genesee County Judge Archie Hayman reinstated the case against Cleaves, who faces charges including unlawful imprisonment and second-degree criminal sexual conduct.
The case is expected to return to county court for trial. Cleaves is accused of assaulting a woman after a charity golf event and a visit to a Flint-area bar in 2015.
Defense attorney Frank Manley says he remains "confident" Cleaves will be "vindicated."
Cleaves, a Flint native, led Michigan State to the NCAA basketball championship in 2000 and played for four NBA teams. |
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Steve Mostyn, Houston attorney and major Dem donor, dies
Business Law Info |
2017/11/19 05:51
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Steve Mostyn, a prominent Houston trial attorney and a top Democratic Party donor, has died. He was 46.
In a statement, his family confirmed Thursday his death on Wednesday "after a sudden onset and battle with a mental health issue."
"Steve was a beloved husband and devoted father who adored his children and never missed any of their sporting events," the statement reads. "He was a true friend, and a faithful fighter for those who did not have a voice."
"Steve touched countless lives. Many friends and colleagues in Texas and throughout the country have reached out during this painful time. Our family is requesting privacy . . . The details of a celebration of Steve's life will be announced at a later date."
"In honor of Steve's life and legacy, please consider supporting the important work of the Mostyn Moreno Foundation or the Special Olympics of Texas. If you or a loved one are thinking about suicide, or experiencing a health crisis, call the National Suicide Prevention Lifeline right now."
Born John Steven Mostyn in Whitehouse, a small town in East Texas, just southeast of Tyler, Mostyn graduated from the South Texas College of Law in 1996 and joined a Houston firm. Soon, he went on his own to create what he called "a uniquely different Texas law firm" -- Mostyn Law -- that focused on corporate negligence and wrongdoing.
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'Dirty soda' Utah court battle ends with legal settlement
Business Law Info |
2017/11/02 04:50
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Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.
Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.
Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.
Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.
Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.
Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.
Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.
The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.
Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix. |
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Brazilian court revives case against Olympian Ryan Lochte
Business Law Info |
2017/10/30 01:48
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Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."
Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue. |
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