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California court blocks pardon of man who killed at age 14
Legal Blog News |
2018/12/15 10:40
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In a rare step, the California Supreme Court has blocked Gov. Jerry Brown’s attempt to issue a pardon to a 37-year-old Cambodian refugee who killed a woman when he was 14 years old.
The court gave no reason for the rejection, but earlier noted it only had the authority to do so in the case of an “abuse of power.” Brown’s pardon would have effectively stopped Borey Ai’s deportation to Cambodia, a nation where his mother was born but he has never seen.
The governor in the last 10 months has pardoned seven ex-convicts who otherwise faced the threat of deportation to Cambodia, drawing the ire of President Donald Trump, whose administration has stepped up efforts to deport immigrants with criminal convictions.
It takes at least four votes of the seven justices to block pardons. The unsigned ruling Wednesday didn’t say how many justices voted to block the pardon. The governor is required to obtain the court’s approval for pardons and sentence commutations for twice-convicted felons.
Appellate lawyer David Ettinger said it appears the last time the court rejected a governor’s pardon occurred in 1930.
A spokesman for the governor, Brian Ferguson, declined comment.
Ai was charged as an adult and convicted in Santa Clara County 1997 of second-degree murder and also of a separate robbery. He was sentenced to 25-years-to-life in prison.
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Polish president signs bill reinstating Supreme Court judges
Law & Court News |
2018/12/14 10:40
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Poland's president signed legislation Monday that reinstates Supreme Court judges who were forced into early retirement despite the European Union condemning the removals as a violation of democratic standards.
Earlier in the day, the EU's top court, the European Court of Justice, ruled that Poland needed to suspend a law that lowered the retirement age for Supreme Court judges and to put about two dozen justices the law had affected back on the bench.
President Andrzej Duda signed the revisions that removed the early retirement provisions, presidential aide Pawel Mucha said late Monday. The quick response comes amid a broader push by Poland's conservative ruling party, Law and Justice, to ease tensions with the EU.
Monday's ruling confirmed the Court of Justice's interim judgment from October ordering Poland to reinstate justices who were forced to step down when the retirement age was lowered from 70 to 65. The European Commission, which enforces EU law in member countries, had asked the court to review Poland's law.
The commission viewed the forced retirements of the judges as erosions of judicial independence and democratic standards because it gave the legislative and executive branches of government unprecedented control over the courts.
After the interim injunction, Poland's parliament passed the amended legislation to remove the early retirement provisions.
Critics of the government welcomed the backtracking on the issue of the retirement age but argued more must be done to undo what they see as extensive damage to judicial independence under the Law and Justice.
They say the ruling party's overhaul of the judicial system included capturing control of the Constitutional Court and a council that names judges, as well as other steps that increase its sway over the Supreme Court.
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Supreme Court won't hear Planned Parenthood case
Law & Court News |
2018/12/11 10:55
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The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.
Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.
Investigations sparked by the videos in several states didn't result in criminal charges.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.
It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.
Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.
The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state. |
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Thai court extends detention of refugee sought by Bahrain
Legal Blog News |
2018/12/11 10:54
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A Thai court ruled Tuesday that a soccer player who holds refugee status in Australia can be held for 60 days pending the completion of an extradition request by Bahrain, the homeland he fled four years ago on account of alleged political persecution and torture.
Hakeem al-Araibi, who was detained Nov. 27 upon entry at Bangkok's main airport, was denied release on bail during his court appearance. Thai officials said he was originally held on the basis of a notice from Interpol in which Bahrain sought his custody because he had been sentenced in absentia in 2014 to 10 years in prison for vandalizing a police station, a charge he denies. He came to Thailand on vacation with his wife.
Al-Araibi says he fears being tortured if sent to Bahrain. Australia, which granted him refugee status and residency in 2017, has called for his release and immediate return to his adoptive home. He had played for Bahrain's national soccer team and now plays for Melbourne's Pascoe Vale Football Club. He has been publicly critical of the Bahrain royal family's alleged involvement in sports scandals.
He also has alleged he was blindfolded and had his legs beaten while he was held in Bahrain in 2012.
He said he believed he was targeted for arrest because of his Shiite faith and because his brother was politically active in Bahrain. Bahrain has a Shiite majority but is ruled by a Sunni monarchy, and has a reputation for harsh repression since its failed "Arab Spring" uprising in 2011.
Thai officials insist they are following the letter of the law in holding him, but rights groups suggest he should not have been detained because of his refugee status, and that international law to which Thailand is a party bars sending him to Bahrain if he has a legitimate fear of persecution and even torture. The court can extend the 60-day detention by another 30 days on application of the prosecutor's office, but otherwise he is free to go if Bahrain does not finish its extradition application by then.
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Defamation lawsuit against activist continues in state court
Top Court Watch |
2018/12/09 10:55
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A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.
An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.
The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.
But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.
"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."
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