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New Mexico Supreme Court won't restore funds to Legislature
Law & Court News | 2017/05/09 14:28
The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.

In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.

The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.

The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.

The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.

Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.

Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.

"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.

For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.

The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances.


Indian tycoon Vijay Mallya guilty of disobeying top court
Topics in Legal News | 2017/05/08 14:27
India's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.

Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.

The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.

Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.

He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.

India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him.


Man arrested near UK Parliament in court on terror charges
Law & Court News | 2017/05/07 14:28
Prosecutors say a British man arrested with several knives near Parliament last month is also accused of being an al-Qaida bomb-maker in Afghanistan.

Khalid Mohamed Omar Ali appeared in court Wednesday to face one charge of preparing terrorist acts and two of making or having explosives.

The 27-year-old Londoner was arrested at gunpoint in the street near Parliament on April 27 as part of what police called an ongoing counterterrorism operation. They said he had been under surveillance.

Prosecutors say Ali's fingerprints were allegedly found on parts for improvised explosive devices recovered by the U.S. in Afghanistan in 2012.

Ali refused to enter pleas during the hearing at Westminster Magistrates' Court.

Not-guilty pleas were entered on his behalf and he was ordered detained until his next court appearance May 19.


Indiana high court rejects appeal in malnourished teen case
Law & Court News | 2017/05/05 16:13
The Indiana Supreme Court has declined to hear the appeal of a central Indiana woman who pleaded guilty to neglecting her 15-year-old granddaughter, who was found covered in feces and weighing only 52 pounds.

The court ruled unanimously last week not to accept transfer of the 56-year-old woman's appeal of a state Court of Appeals decision that upheld her 24-year sentence for pleading guilty to neglect and battery charges.

The Herald Bulletin reports her attorney, Rick Walker, says she can still seek post-conviction relief.

Firefighters called to the woman's Anderson home in December 2014 found her granddaughter malnourished, covered in feces and suffering from a skull fracture.

Her husband and her adult daughter also were convicted of neglect and other charges in the case and are serving prison sentences.


Joaquin 'El Chapo' Guzman returns to court in drug case
Legal Opinions | 2017/05/05 16:13
Mexican drug lord Joaquin "El Chapo" Guzman is returning to a Brooklyn courtroom Friday, a day after a judge rejected his request to be allowed in the general inmate population.

The 59-year-old defendant famous for twice escaping from prison in Mexico lost his bid Thursday to relax the terms of his confinement at a lower Manhattan lockup when U.S. District Judge Brian Cogan concluded that solitary confinement was appropriate.

Cogan said the U.S. government had good justifications for applying tough jail conditions on a man who escaped twice, including once through a mile-long tunnel stretching from the shower in his cell. But Cogan relaxed the restrictions known as Special Administrative Measures enough for Guzman to communicate with his wife through written questions and answers.

His lawyers said in a statement that it was "devastating" for Guzman and his wife that they will not be allowed jail visits.

Guzman was brought to the U.S. in January to face charges that he oversaw a multi-billion dollar international drug trafficking operation responsible for murders and kidnappings. He has pleaded not guilty.


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