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Appeals court sets aside conviction of bin Laden assistant
Law & Court News |
2015/06/11 12:21
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A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.
The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.
The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.
Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.
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New Jersey's top court sides with Christie on pensions
Topics in Legal News |
2015/06/10 12:21
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New Jersey's top court sided with Gov. Chris Christie on Tuesday, giving him a major victory in a fight with public worker unions over pension funds and sparing a new state budget crisis.
The state Supreme Court overturned a lower-court judge's order that told the Republican governor and the Democrat-controlled Legislature to work out a way to increase pension contributions for the current fiscal year, which ends June 30.
In a 5-2 ruling, the court said there wasn't an enforceable contract to force the full payment, as unions had argued there was.
"That the State must get its financial house in order is plain," Justice Jaynee LaVecchia wrote in the majority opinion. "The need is compelling in respect of the State's ability to honor its compensation commitment to retired employees. But this Court cannot resolve that need in place of the political branches. They will have to deal with one another to forge a solution to the tenuous financial status of New Jersey's pension funding in a way that comports with the strictures of our Constitution."
She noted that the state is obligated to pay individual retirees their pensions. That's not in danger this year, but unions say the funds could start going insolvent within the next decade.
Justice Barry Albin dissented and was joined by Chief Justice Stuart Rabner.
"The decision unfairly requires public workers to uphold their end of the law's bargain — increased weekly deductions from their paychecks to fund their future pensions — while allowing the State to slip from its binding commitment to make commensurate contributions," Albin wrote. "Thus, public workers continue to pay into a system on its way to insolvency."
One of Christie's signature achievements as governor has been a 2011 deal on pensions for public workers. Employees had to pay more and the government was locked into making up for years of skipped or reduced contributions.
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Man accused of Jewish site shootings to appear in court
Legal Blog News |
2015/06/08 12:20
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A Missouri man facing capital murder charges in Kansas is scheduled to be in court Wednesday for a hearing on motions in his case, one asking a judge to let him stay in the courtroom during recesses and another to suppress certain evidence.
Frazier Glenn Miller Jr., 74, of Aurora, Missouri, is accused of killing three people last year at two Jewish sites in the Kansas City suburb of Overland Park, Kansas.
The avowed white supremacist has told various media outlets, including The Associated Press, he is dying from emphysema and went to the sites with the intent to kill Jewish people.
All three of the victims of the April 13, 2014, rampage — William Lewis Corporon, 69, his 14-year-old grandson, Reat Griffin Underwood, and Terri LaMano, 53 — were Christians.
Also known as Frazier Glenn Cross, Miller got permission last month from Johnson County District Judge Kelly Ryan to fire his attorneys and represent himself. However, Ryan ruled that the attorneys would stay involved in the case on a stand-by basis and could be restored as Miller's counsel if he gets kicked out of the courtroom during his trial or decides he wants them back.
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Suge Knight returns to court to try to dismiss murder case
Topics in Legal News |
2015/06/04 22:40
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Marion "Suge" Knight's lawyer argues that a murder case against the former rap music mogul should be dismissed because one of the men he allegedly ran over earlier this year didn't identify him in court.
Attorney Matt Fletcher contends in a motion filed before a hearing Friday that murder, attempted murder and hit-and-run charges filed against the Death Row Records co-founder should be thrown out based on the testimony of a man seriously injured in January. Knight has pleaded not guilty to running over Cle "Bone" Sloan and another man who died from his injuries.
Sloan refused to identify Knight while testifying during a preliminary hearing last month, but gave detectives a lucid account after being struck by Knight's pickup and said he started a fight in the parking lot of a Compton burger stand in late January.
A response filed by prosecutor Cynthia Barnes points to Sloan's statements to detectives and other evidence to support their case, including Knight's unique nickname, "Suge."
Fletcher contends that is not enough.
"There is nowhere in this transcript that Mr. Sloan ever identifies Marion Knight, the defendant, as a murderer," Fletcher wrote. "There is nowhere in the entire transcript that Mr. Sloan even identifies Marion Knight as a driver of the red truck in question; the red truck that hit the victims."
The 50-year-old Knight is charged with running over the two men outside a Compton burger stand. Fletcher has said his client was fleeing an ambush. A trial in the case has been scheduled for July 7.
Knight is also scheduled for a hearing in a separate robbery case that a judge delayed. The former rap mogul told deputies he was too sick to come to court, but Superior Court Judge Ronald Coen said he would order Knight forcibly brought to court on Friday if necessary. |
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High court: Officials immune in suit over inmate suicide
Legal Blog News |
2015/06/04 22:39
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The Supreme Court says former Delaware prison administrators are immune from a lawsuit over a 2004 inmate suicide.
The justices on Monday ruled against the family of Christopher Barkes, who hanged himself just hours after being arrested for violating probation.
A federal appeals court ruled last year that the family could pursue claims that the prison violated Barkes' constitutional rights by failing to conduct a proper suicide prevention screening.
But the justices in an unsigned opinion said there was no clearly established law at the time giving inmates a right to adequate suicide prevention protocols.
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