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Connecticut's top court hears Kennedy cousin murder case
Business Law Info |
2016/02/24 22:51
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Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.
State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.
Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.
Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.
Prosecutors are appealing Bishop's decision to the Supreme Court.
Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.
But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.
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Court overturns tobacco company victory over FDA on menthols
Business Law Info |
2016/01/19 19:50
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A federal appeals court has ruled that tobacco companies had no basis to challenge a Food and Drug Administration report on menthol cigarettes, which the industry alleged was written by experts with conflicts of interest.
The decision by a three-judge panel overturns a lower court ruling that barred the FDA from using the report and ordered the agency to reform its committee of tobacco advisers.
The 2011 report from the agency's Tobacco Products Scientific Advisory Committee concluded that menthol flavoring leads to increased smoking rates, particularly among teens, African Americans and those with low incomes. The report said removing the flavoring would make it easier for some smokers to quit.
Cigarette makers Lorillard Inc. and Reynolds American Inc. sued the agency, alleging conflicts of interest by several members who had previously testified against tobacco companies in court.
But Judge Stephen Williams, writing for the court, states that the companies had no legal basis to challenge the makeup of the committee. Williams rejected company arguments that they could be damaged by the apparent conflicts as "too remote and uncertain." The opinion was issued Friday in the U.S. Court of Appeals for the District of Columbia Circuit.
Despite the victory for the federal government, the ruling may have limited impact on the FDA or its panel. Last year the FDA announced that four members of its tobacco products advisory panel had either resigned or were removed, following the previous court ruling against the agency.
In 2013, the FDA conducted its own review of menthol cigarettes, concluding they pose a greater public health risk than regular cigarettes. But it did not make a recommendation on whether to limit or ban them.
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Japan court gives go-ahead for restart of 2 nuke reactors
Business Law Info |
2015/12/25 18:34
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A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.
The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.
The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.
The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.
Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.
The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.
Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.
Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.
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Florida Supreme Court denies stay of execution
Business Law Info |
2015/12/24 18:50
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The Florida Supreme Court has denied a stay of execution for a 53-year-old convicted killer from the Tampa Bay area. The court's late Wednesday decision regarding the case of Oscar Ray Bolin was posted on its website Thursday morning. The court did not offer any explanation or discussion for its ruling.
Oscar Ray Bolin is scheduled for execution on Jan. 7. He and his lawyers filed a motion Tuesday with the state's highest court, saying that he plans to appeal to the U.S. Supreme Court.
On Dec. 17, the state court denied Bolin's appeal based on alleged new evidence. The court ruled Bolin should be put to death for the December 1986 murder of Teri Lynn Matthews. Matthews was abducted in Pasco County, raped and then beaten and fatally stabbed.
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Court won’t hear case over grant to Planned Parenthood
Business Law Info |
2015/11/15 03:01
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The Supreme Court has rejected an anti-abortion group’s bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.
The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life.
Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire. The move followed action by the state’s Executive Council to stop a long-standing practice of funneling federal money to the clinics. Councilors who opposed funding Planned Parenthood said they didn’t want grant money given to the organization because it provides abortions using private funds. |
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German Court Begins Hearing Afghan Airstrike Case
Business Law Info |
2013/11/03 22:40
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A court in Germany has begun hearing a civil case brought by relatives of some of the 91 Afghans killed in a NATO airstrike four years ago.
Bonn regional court spokesman Philipp Prietze said Wednesday that the court reviewed video recorded by two U.S. fighter jets involved in the airstrike in the Afghan province of Kunduz on Sept. 4, 2009.
The strike was ordered by a German colonel fearful that insurgents would use two stolen fuel tankers to attack his troops.
Germany paid $5,000 each to victims' families, but some are seeking additional compensation. Most of the dead were civilians.
Separately, Germany said it would offer refuge to 182 Afghan translators and drivers who could face persecution after Western troops leave Afghanistan because they worked for the German military. |
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