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South Korean court sentences Samsung heir to 5 years prison
Top Court Watch | 2017/08/21 16:25
A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.

The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.

A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.

The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.

“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.

The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.

Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.

But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.



Court file: Michigan girl who killed toddler heard voices
Law & Court News | 2017/08/21 08:22
Court documents say an 8-year-old girl accused of killing a toddler at a home daycare in western Michigan earlier this year suffers from "serious mental health" issues, including hearing a demon's voice.

The Department of Health and Human Services filed a petition in Muskegon County Family Court saying the girl, who was also cared for at the home daycare, killed 14-month-old Korey Landon Brown on April 14.

The petition filed last month asks the court to make the girl a temporary ward of the state and to make a decision regarding the girl's placement that protects her brother and other children. The petition says the best placement is Hawthorn Center, a state-run residential psychiatric facility in Northville for children and adolescents.

Chief Assistant Prosecutor Timothy Maat tells MLive the petition was the result of an investigation conducted by multiple agencies.

Korey's mother said that when she went to the daycare to take her children home, she found the boy unresponsive in a playpen and covered with bite marks. His death was ruled a homicide due to multiple injuries, including trauma to his head, other blunt force trauma and possible asphyxiation, according to the petition.



Judge refuses to end Roman Polanski sex assault case
Top Court Watch | 2017/08/20 08:23
A Los Angeles judge on Friday denied the impassioned plea of Roman Polanski's victim to end a four-decade-old sexual assault case against the fugitive director.
 
Los Angeles Superior Court Judge Scott Gordon ruled that Polanski must return to California if he expects to resolve the charges. The Oscar winner fled the country on the eve of sentencing in 1978.

Gordon's ruling follows a request by Samantha Geimer to end the legal proceedings. The ruling was issued on Polanski's 84th birthday and blamed the director for the fact that the case was still alive.

"Her statement is dramatic evidence of the long-lasting and traumatic effect these crimes, and defendant's refusal to obey court orders and appear for sentencing, is having on her life," Gordon wrote.

Harland Braun, Polanski's attorney, said the ruling came after the judge asked for proposals on how to resolve the case.

Polanski pleaded guilty to having unlawful sex with Geimer when she was 13. She has said he drugged, raped and sodomized her.


Kentucky governor, attorney general clash before high court
Top Court Watch | 2017/08/18 08:23
Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.

But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.

What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.

Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.

But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.

If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.

Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.

In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.



French Designer Wins Court Case in Dispute with Brad Pitt
Legal Opinions | 2017/08/17 08:23
A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.

But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.

Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.

Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.

The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.



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