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Egypt refers 28 to criminal court for forming illegal group
Attorney Blog News | 2018/06/10 12:02
Egypt's chief prosecutor has referred 28 people to a criminal court on charges including forming an illegal group aiming to topple the government.

Sunday's statement by prosecutor Nabil Sadek says the suspects face an array of additional charges, including inciting violence and disseminating false news.

The statement says the suspects formed an illegal group, "The Egyptian Council for Change," to incite against the state and its institutions.

It says only nine of the 28 suspects are in custody. No date has been set for the trial. Egypt has intensified a long-running crackdown on dissent since President Abdel-Fattah el-Sissi's re-election in March.

The arrests are part of a wider crackdown on dissent since the 2013 military ouster of an elected Islamist president following mass protests against his one-year divisive rule.


Kansas Supreme Court sends DNA request back to lower court
Attorney Blog News | 2018/06/09 12:01
The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.

The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.

The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.

In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.

The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George.


Seals can keep using San Diego children's beach, court says
Attorney Blog News | 2018/06/07 12:01
A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups.

In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego.

Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail.

The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access.

In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action.

Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans.

The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter.

The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.


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Attorney Blog News | 2018/06/05 21:45
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High Court Rules in Dispute Over Immigrant Teen's Abortion
Attorney Blog News | 2018/06/04 10:45
The Supreme Court ruled Monday in a case about a pregnant immigrant teen who obtained an abortion with the help of the ACLU, siding with the Trump administration and wiping away a lower court decision for the teen but rejecting a suggestion her lawyers should be disciplined.

The decision is about the teen's individual case and doesn't disrupt ongoing class action litigation about the ability of immigrant teens in government custody to obtain abortions. The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion.

Government lawyers had complained to the Supreme Court that attorneys for the American Civil Liberties Union didn't alert them that the teen's abortion would take place earlier than expected. The administration said that deprived its lawyers of the chance to ask the Supreme Court to block the procedure, at least temporarily. The Trump administration told the court that discipline might be warranted against the teen's attorneys. The ACLU said its lawyers did nothing wrong.

The Supreme Court said it took the government's allegations "seriously" but the court declined to wade into the finger-pointing between the sides.

"Especially in fast-paced, emergency proceedings like those at issue here, it is critical that lawyers and courts alike be able to rely on one another's representations. On the other hand, lawyers also have ethical obligations to their clients and not all communications breakdowns constitute misconduct," the justices wrote in a 5-page opinion, adding that the court "need not delve into the factual disputes raised by the parties" in order to vacate the decision for the teen.

The teen at the center of the case entered the U.S. illegally in September as a 17-year-old and was taken to a federally funded shelter in Texas for minors who enter the country without their parents. The unnamed teen, referred to as Jane Doe, learned while in custody that she was pregnant and sought an abortion. A state court gave her permission, but federal officials — citing a policy of refusing to facilitate abortions for pregnant minors in its shelters — refused to transport her or temporarily release her so that others could take her for the procedure.

The ACLU helped the teen sue the Trump administration, and after a federal appeals court sided with her, the government was preparing to ask the Supreme Court to step in and block the procedure, at least temporarily.

But the teen, allowed out of the shelter by court order, had an abortion first, about 12 hours after a court gave her the go-ahead. In response, the Trump administration, in a highly unusual filing with the Supreme Court, cried foul. The ACLU has defended its attorneys' actions, saying government lawyers made assumptions about the timing of the teen's abortion.


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