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Suge Knight returns to court to try to dismiss murder case
Topics in Legal News | 2015/06/04 22:40
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.


Appeals court: Apple must submit to imposition of monitor
Topics in Legal News | 2015/06/02 22:40
A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.

A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.

The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.

After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.



Ex-Premier Zia avoids arrest as Bangladesh court grants bail
Topics in Legal News | 2015/04/07 13:41
Former Bangladesh Prime Minister Khaleda Zia avoided arrest on corruption charges Sunday after a court granted her bail.

Judge Abu Ahmed Jamadder approved Zia's request for bail when she surrendered to court in the capital, Dhaka.

Zia left her office for the first since Jan. 5, when authorities had initially barred her from leaving to attend an anti-government rally calling for the resignation of Prime Minister Sheikh Hasina, her archrival. Authorities later said she was free to move to her nearby residence, but Zia refused, vowing to continue with anti-government protests that have turned violent, leaving nearly 115 people dead since the beginning of the year.

Zia's lawyers have rejected allegations that she illegally collected more than $1 million in donations for a charity during her last premiership in 2001-2006, and say the charges are politically motivated, which authorities deny. The trial began early last year.

The court had issued an arrest warrant for Zia in February after she failed to appear to answer the charges against her. Prosecutors on Sunday did not oppose Zia's bail request.

Zia currently leads a 20-party opposition alliance that has been enforcing a nonstop transportation blockade across the South Asian country since early January to demand that Hasina resign and a new election be called.

The blockade began after a year of relative calm following a January 2014 election that was boycotted by Zia's party. The boycott allowed Hasina to come to power with an overwhelming majority, and she says there is no need for another election before 2019, when her five-year term ends.


Supreme Court considers impact of disability law on police
Topics in Legal News | 2015/03/23 10:32
The police shooting in Georgia earlier this month of a naked, unarmed man with bipolar disorder spotlights the growing number of violent confrontations between police and the mentally ill — an issue that goes before the Supreme Court this coming week.

At least half the people police kill each year have mental health problems, according to a 2013 report from the Treatment Advocacy Center and the National Sheriffs' Association. On Monday, the nation's highest court will consider how police must comply with the Americans With Disabilities Act when dealing with armed or violent people who have psychiatric problems or other disabilities.

The case involves a 2008 incident in San Francisco in which police responded to a call from a group home for the mentally ill. A resident who suffers from schizophrenia, Teresa Sheehan, threatened to kill her social worker with a knife and locked herself in her room. The social worker asked the police to help restrain Sheehan and get her to a hospital where she could be treated.

The incident ended with officers forcing their way into Sheehan's room and shooting after she charged them with the knife. She survived and filed a lawsuit, claiming police had a duty under the ADA to consider her mental illness and take more steps to avoid a violent confrontation.

The ADA generally requires public officials to make "reasonable accommodations" to avoid discriminating against people with disabilities. But lower courts have split on how the law should apply to police conduct when public safety is at risk.


Court scraps Dutch data retention law, cites privacy concern
Topics in Legal News | 2015/03/12 12:09
A judge scrapped the Netherlands' data retention law Wednesday, saying that while it helps solve crimes it also breaches the privacy of telephone and Internet users.

The ruling by a judge in The Hague followed a similar decision in April by the European Union's top court that wiped out EU data collection legislation it deemed too broad and offering too few privacy safeguards.

The Security and Justice Ministry said it was considering an appeal.

Under the Dutch law, telephone companies were required to store information about all fixed and mobile phone calls for a year. Internet providers had to store information on their clients' Internet use for six months.

The written judgment by Judge G.P. van Ham conceded that scrapping the data storage "could have far-reaching consequences for investigating and prosecuting crimes" but added that this could not justify the privacy breaches the law entails.

The judge did not set a deadline for disposing of the data.

Privacy First, one of the organizations that took the government to court, said the ruling "will bring to an end years of massive privacy breaches" in the Netherlands.

The government said after last year's European court ruling that it would amend its law.


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