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Travel ban decision in hands of federal appeals court judges
Headline News |
2017/02/08 00:19
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A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.
It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.
"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.
A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.
Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"
The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.
The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.
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Court appeals temporarily delay Texas execution
Court Watch |
2017/01/27 16:29
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Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.
Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.
The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.
Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.
Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally. |
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Driver due in court in Cleveland officer's hit-and-run death
Court Watch |
2017/01/26 16:29
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The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.
Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.
Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.
Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.
A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.
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Greek court rejects extradition for Turkish servicemen
Legal Focuses |
2017/01/25 16:30
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Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.
Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.
The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.
Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.
Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.
The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.
Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.
"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished."
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Kyrgyz court confirms life sentence for journalist
Court Watch |
2017/01/24 16:26
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A court in Kyrgyzstan on Tuesday upheld a life sentence for an ethnic Uzbek journalist in a case that has drawn international criticism.
Azimzhan Askarov was convicted in 2010 for stirring up ethnic hatred, a charge related to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced.
The majority of those convicted for taking part in the deadly clashes have been ethnic Uzbeks.
Askarov, who can appeal the ruling in the Supreme Court, shouted out after Tuesday's decision that he would go on hunger strike in protest.
Askarov's case was sent for review last year after the U.N. Human Rights Committee in April urged Kyrgyzstan to release him, finding that he had been arbitrarily detained, tortured and denied his right to a fair trial.
Askarov's lawyer, Tolekan Ismailov, told reporters that his client would appeal the ruling, which he dismissed as unlawful.
Askarov had been documenting human rights violations by the police and prison authorities in his hometown near the Uzbek border for more than 10 years before he was arrested in 2010.
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Ethics measure backers ask high court to let them join case
Court Watch |
2017/01/22 17:45
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Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.
South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.
The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.
The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."
Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.
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