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Japan court gives go-ahead for restart of 2 nuke reactors
Legal Blog News |
2015/12/23 17:07
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A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.
The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.
The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.
The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.
Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.
The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.
Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.
Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.
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Court turns down appeal for Harvey family killer
Legal Blog News |
2015/12/22 17:07
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A federal appeals court won't rehear the case of a man sentenced to death in the New Year's Day 2006 slaying of a Richmond family.
Lawyers for Ricky Jovan Gray had asked the 15-member U.S. Circuit Court of Appeals to rehear claims that were rejected by a three-judge panel two weeks ago. The court rejected Gray's request on Tuesday.
Rob Lee, an attorney for Gray, says he now intends to ask the U.S. Supreme Court to review the case.
Gray was convicted in the slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.
The 38-year-old claims his trial attorneys failed to present evidence that might have cast doubts on his confession and by not telling jurors that he was high on PCP during the murders.
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US court rejects Virginia death row inmate's appeal
Legal Blog News |
2015/12/01 22:22
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A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.
Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.
After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.
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High court rejects ex-stockbroker's appeal in fraud case
Legal Blog News |
2015/11/02 07:40
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The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense.
The justices Monday let stand an appeals court ruling that said prosecutors didn't have to share information about the drug use of a key witness against George Georgiou. The lower court sided with prosecutors who said defense lawyers could have discovered the publicly available records on their own.
Georgiou's lawyers said prosecutors had a duty to disclose the information if they were aware of it. Several former Justice Department officials backed his claim and urged the court to take the case.
Georgiou was convicted on charges of manipulating markets of four stocks, causing $55 million in losses.
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California appeals court rejects right-to-die lawsuit
Legal Blog News |
2015/10/30 07:40
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A California appeals court on Thursday rejected a lawsuit by three terminally ill patients that sought to clear the way for doctors to prescribe fatal medication to them and others like them who want the option of taking their lives.
A state law that makes helping someone commit suicide a crime clearly applies to physicians who provide patients lethal drugs, a division of the Fourth District Court of Appeal ruled.
"We believe prescribing a lethal dose of drugs to a terminally ill patient with the knowledge the patient may use it to end his or her life goes beyond the mere giving of advice and encouragement and falls under the category of direct aiding and abetting," Associate Justice Alex McDonald wrote.
The ruling affirmed a lower court decision that dismissed the lawsuit. The lawsuit was brought against the state by Christy O'Donnell and two other terminally ill California residents.
O'Donnell suffers from Stage IV cancer of the left lung and was given less than six months to live in May when the lawsuit was filed.
California has since approved right-to-die legislation, though it will not likely go into effect in time to benefit the three patients, the appeals court acknowledged.
John Kappos, an attorney for the patients, said they are considering all options, including an appeal to the California Supreme Court.
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