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Court upholds creation of national monument in Atlantic
Legal Blog News | 2020/01/01 09:37
A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.

A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.



Cyprus court finds 19 year-old British woman guilty
Topics in Legal News | 2020/01/01 09:31
Cyprus' attorney general said Tuesday he couldn't suspend the trial of a 19 year-old British woman found guilty of lying about being gang raped by as many as dozen Israelis because she had leveled “grave accusations” against police investigators that had to be adjudicated in court.

Costas Clerides said the woman's allegation that police coerced her into retracting her rape claim “could not have been left to linger” so he could not move to suspend the trial.

Clerides also said the woman's insistence that she didn't get a fair trial is “essentially a legal-constitutional matter" that a courtof law must rule on.

“Any intervention on the part of the attorney general, either for reasons of public interest or any other reasons, would have constituted nothing more than an obstacle to ascertaining the true facts of the case, as well as interference in the judiciary's work," Clerides said in a statement.

The woman, who hasn't been named was found guilty on Monday on a charge of public mischief and is due to be sentenced Jan. 7. The charge carries a maximum of a year in prison and a fine of 1,700 euros ($1, 907).

She insists that she was raped in a hotel room at a coastal resort town on July 17 and that she was forced to sign the retraction 10 days later while under police questioning. Her lawyers said they would appeal the decision, citing the judge's refusal to consider evidence that she had been raped.


Court: Washington drivers must use turn signals to turn
Topics in Legal News | 2019/12/28 17:32
The state Supreme Court has unanimously ruled that drivers must use their signal every time they turn or change lanes on a roadway.

Thursday’s ruling reverses a Court of Appeals ruling that said a signal is required only when public safety is affected. The high court ruled that the plain language of the law requires drivers “to ensure turns and lane changes are done safely and with an appropriate turn signal."

The ruling was issued in the case of David Brown, who was arrested for driving under the influence in Kennewick in March 2015. State patrol officers pulled him over after he briefly turned on his left turn signal while approaching a light in a designated left turn lane but turned it off and did not reactivate it while at the light or making the turn. He was arrested after his breath test showed .26 breath alcohol content, more than triple the legal limit.

Brown had argued that the evidence of the breath test should be suppressed because the underlying traffic stop was without cause, and a lower court agreed and dismissed the case. The only issue before the Supreme Court was whether Brown violated traffic laws. The case now goes back to the lower courts to proceed in accordance with the high court's guidance on the initial stop.



Saudis sentence 5 people to death for Khashoggi’s killing
Law & Court News | 2019/12/24 10:57
A court in Saudi Arabia sentenced five people to death Monday for the killing of Washington Post columnist and royal family critic Jamal Khashoggi, whose grisly slaying in the Saudi Consulate in Istanbul drew international condemnation and cast a cloud of suspicion over Crown Prince Mohammed bin Salman.

Three other people were found guilty by Riyadh’s criminal court of covering up the crime and were sentenced to a combined 24 years in prison, according to a statement read by the Saudi attorney general’s office on state TV.

In all, 11 people were put on trial in Saudi Arabia over the killing. The names of those found guilty were not disclosed by the government. Executions in the kingdom are carried out by beheading, sometimes in public. All the verdicts can be appealed.

A small number of diplomats, including from Turkey, as well as members of Khashoggi’s family were allowed to attend the nine court sessions, though independent media were barred.

While the case in Saudi Arabia has largely concluded, questions linger outside Riyadh about the crown prince’s culpability in the slaying.

“The decision is too unlawful to be acceptable,” Khashoggi’s fiancee, Hatice Cengiz, said in a text message to The Associated Press. “It is unacceptable.”

Agnes Callamard, who investigated the killing for the United Nations, tweeted that the verdicts are a “mockery” and that the masterminds behind the crime “have barely been touched by the investigation and the trial.” Amnesty International called the outcome “a whitewash which brings neither justice nor truth.”

Khashoggi, who was a resident of the U.S., had walked into his country’s consulate on Oct. 2, 2018, for a appointment to pick up documents that would allow him to marry his Turkish fiancee. He never walked out, and his body has not been found.

A team of 15 Saudi agents had flown to Turkey to meet Khashoggi inside the consulate. They included a forensic doctor, intelligence and security officers and individuals who worked for the crown prince’s office, according to Callamard’s independent investigation. Turkish officials allege Khashoggi was killed and then dismembered with a bone saw.


Trump’s transformation of the courts barrels onward
Law & Court News | 2019/12/21 11:00
Amid intense focus on impeachment and year-end deals on spending and trade, the Senate hurtled this week toward a less-heralded accomplishment: confirming another batch of conservative judges.

Senators confirmed 13 of President Donald Trump’s judicial nominees, bringing to 102 the number of federal judges approved this year ? more than twice the annual average over the past three decades.

The steady transformation of the courts reflects the single-minded focus of Senate Majority Leader Mitch McConnell, who has vowed to “leave no vacancy behind” as he and Trump seek to tilt the judicial branch to the right.

The judicial confirmations include 20 additions to the U.S. Court of Appeals, bringing to 50 the number of federal appeals court judges confirmed in Trump’s first three years in office. The relentless pace means that more than a quarter of all federal appeals court judges were nominated by Trump and confirmed by the Republican-controlled Senate.



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