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Court ponders mass murderer Breivik's prison conditions
Top Court Watch | 2017/01/20 15:37
An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.

The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.

Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.

The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.

He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."

Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.

The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.

In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.

But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.

If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February.


Man accused of killing Orlando officer defiant in court
Top Court Watch | 2017/01/16 15:38
A man suspected of fatally shooting a Florida police officer spoke out of turn and was defiant in an Orlando courtroom where he made an initial appearance on charges of killing his pregnant ex-girlfriend.

Forty-one-year-old Markeith Loyd told the judge Thursday morning that he plans to represent himself and said the charges against him were made up. The judge ordered Loyd held without bond.

Loyd's eye was bandaged and two officers flanked him as he stood at the podium wearing a bullet-proof vest. He was injured during his arrest Tuesday night following a weeklong manhunt.

Loyd faces multiple charges including first-degree murder, unlawful killing of an unborn child and attempted murder in the December death of Sade Dixon. He hasn't been charged in the death of Lt. Debra Clayton who was gunned down while she searched for him outside a Wal-Mart store Jan. 9.


Supreme Court considers suit over 2001 detention of Muslims
Top Court Watch | 2017/01/12 15:39
Ahmer Abbasi speaks softly as he describes the strip searches, the extra shoves, the curses that he endured in a federal jail in Brooklyn following the Sept. 11 attacks.

"I don't think I deserved it," Abbasi said during a telephone interview with The Associated Press from his home in Karachi, Pakistan.

Abbasi's quiet, matter-of-fact tone belies his determination, even after 15 years, to seek justice in American courts — provided the Supreme Court will let him.

The justices on Wednesday are hearing an appeal from former Attorney General John Ashcroft, former FBI Director Robert Mueller and other former U.S. officials that seeks to shut down the lawsuit that human rights lawyers have filed on behalf of Abbasi and others over their harsh treatment and prolonged detention.

"Somebody has to be accountable, somebody has to be responsible," said Abbasi, 42, who works in real estate in Pakistan.

The former officials, including the top immigration enforcement officer and the warden and deputy warden at the New York City jail, say it should not be them.

"Senior government officials should not be regularly second-guessed by lawsuits seeking money damages from them in their personal capacity," said Richard Samp, chief counsel at the Washington Legal Foundation and author of a brief from four former attorneys general.

Abbasi was among more than 80 men who were picked up in the days and weeks following Sept. 11 on immigration violations. Until then, he said he had been "living the American dream" since coming from Pakistan in 1993. He was living in Jersey City, New Jersey, across the river from Manhattan and driving a taxi in New York.



Supreme Court rejects appeal from flight-sharing company
Top Court Watch | 2017/01/10 19:19
The Supreme Court won't hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.

The justices on Monday left in place a lower court ruling that said Boston-based Flytenow could not operate a website that connected private pilots with passengers willing to share fuel costs and other flight expenses.

The Federal Aviation Administration shut down the website in 2015 after finding that the service violated flight regulations.

Cost-sharing arrangements have long been allowed through word of mouth, bulletin boards and email. But the FAA said using a website was like advertising and subjected those pilots to the same elaborate safety regulations as commercial airlines.

Flytenow argued that it was applying modern technology to a practice that has been around for decades.


Circus operator agrees to plea deal in tent collapse
Top Court Watch | 2017/01/10 19:18
Court records show a Florida-based circus operator has agreed to a plea deal following a tent collapse in New Hampshire in 2015 that killed two people and injured dozens.

The Caledonian-Record in Vermont reports details of the plea deal involving Sarasota-based Walker International Events weren't made available.

The company had previously pleaded not guilty to a felony charge of operating without a license and to misdemeanor counts alleging it hadn't complied with state standards. Corporations can face fines and sanctions on criminal convictions.

The company, now out of business, agreed to pay federal safety fines and settled some lawsuits.

Forty-one-year-old Robert Young and his 6-year-old daughter, Annabelle, of Concord, Vermont, died when a storm with 75 mph winds blew through the Lancaster Fairgrounds, toppling the tent.


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