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Finnish court releases Iraqi twins in IS-related killings
Legal World News | 2017/05/28 14:49
A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.

The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.

The court in Tampere, southern Finland, said the evidence against them was too weak. It included testimonies from other asylum-seekers, a video footage of the massacre by IS militants and information from an Iraqi investigative commission.

State prosecutors had demanded life sentences and claimed the brothers took part in atrocities committed by IS militants at a military base outside Tikrit in June 2014 when some 1,700 Iraqi army soldiers were slain.

The brothers arrived in Finland in September 2015 and were arrested three months later.


Court: Missouri not required to name execution drug's source
Legal World News | 2017/02/22 16:41
A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.

The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.       

The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.

Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.

The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.

Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.





Trial court election changes considered by North Carolina House
Legal World News | 2017/02/21 16:41
Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.

A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.

Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.

Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.


As time runs out, dozens of judge nominees waiting on Senate
Legal World News | 2016/10/18 03:20
Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.

Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.

But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since Scalia died.


Spanish court seeks arrest of Putin-linked Russians
Legal World News | 2016/05/09 05:22
A Spanish judge wants two senior Russian officials with links to the Kremlin arrested so they can be questioned in court about suspected money laundering and criminal association.

National court judge Jose de la Mata Amaya has issued international arrest warrants for Nikolai Aulov, deputy director of Russia's federal drug control agency, and Vladislav Reznik, who is a member of parliament's lower house for the main Kremlin party and deputy chairman of its financial markets committee. Both men are viewed as allies of President Vladimir Putin.

They are among 15 suspects in a years long investigation into alleged Russian mafia activities in Spain, according to court documents released this week. The court said their whereabouts are not known.

The judge handed down his ruling in January. A national court spokesman said the case was never placed under judicial secrecy after the arrest orders were issued on Jan. 22 but it only became publicly known after Spain's El Mundo on Tuesday published a story based on documents outlining the judge's order.

The spokesman said he did not know whether those named in the document had Spanish lawyers. He spoke on condition of anonymity, in keeping with court policy.

The Russian federal drug control agency said the Spanish judge's decision to seek Aulov's arrest was "legally unprofessional, a political hit job and perhaps connected with drug mafia revenge," the state RIA Novosti news agency reported.

A lawyer for Reznik, Alexander Gofshtein, also has described the case as being politically driven.



High court seems poised to overturn McDonnell conviction
Legal World News | 2016/05/05 05:22
The Supreme Court on Wednesday seemed poised to overturn the conviction of former Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.

Justices across the ideological spectrum expressed major concerns that the laws give prosecutors too much power to criminalize the everyday acts that politician perform to help constituents.

Chief Justice John Roberts said it was "extraordinary" that dozens of former White House attorneys from Democratic and Republican administrations submitted legal papers saying that upholding McDonnell's conviction would cripple the ability of elected officials to do their jobs.

"I think it's extraordinary that those people agree on anything," Roberts said.

Justice Breyer said the law presents "a real separation of powers problem" and "puts at risk behavior that is common."

"That's a recipe for giving the Department of Justice and prosecutors enormous power over elected officials," Breyer said.

McDonnell, who was in the courtroom with his wife Maureen to watch the arguments, was convicted in 2014 of accepting more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting a dietary supplement.

At issue is a federal law that bars public officials from accepting money or gifts in exchange for "official acts." The court is expected to clarify what distinguishes bribery from the routine actions that politicians often perform as a courtesy to constituents.

But the justices struggled over how to draw that line. Both Roberts and Breyer suggested the bribery law could be considered unconstitutionally vague.


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