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Spanish court: Google search must show man's acquittal first
Court Watch |
2020/03/09 13:05
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A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.
A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.
In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.
The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.
Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.
Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves.
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NH high court rejects appeal of man convicted of planning murder
Court Watch |
2020/02/16 10:55
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The New Hampshire Supreme Court has rejected the appeal of a man serving 43 years in prison for orchestrating the murder of someone he mistakenly believed was a police informant.
Paulson Papillon was convicted of second-degree murder and conspiracy to commit murder in the 2015 death of Michael Pittman in Manchester.
Papillon argued that he shouldn't have been allowed to represent himself at trial, that there was insufficient evidence to convict him and that some of the evidence against him was illegally admitted.
The state Supreme Court agreed Friday on the last point but said the error was harmless.
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India's top court grants equal rights to women in army
Court Watch |
2020/02/11 10:57
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India’s top court on Monday ordered the federal government to grant permanent commission and command positions to female officers in the army on par with men, asserting that the government's arguments against the policy were based on gender stereotypes.
The court’s decision, seen as a watershed moment for the Indian military, would mean that women can extend their short service roles in noncombat support units such as education, law and logistics until they want to retire and rise to the rank of Colonel, based on merit.
Currently, female officers can serve for only 10 to 14 years in the army.
“This is a historic decision and a significant day for not only those who are serving in the army but for also those who are desirers of joining forces,” said Lt. Col. Anjali Bisht.
The Supreme Court’s decision, however, does not mean that female officers will serve in army combat units such as the infantry, artillery or armored corps.
Monday's decision comes days after the government told the court that women were not suitable for commanding posts in the army, saying male troops were not prepared yet to accept female officers. It also said that male and female officers could not be treated equally when it came to postings because the “physical capacity of women officers remains a challenge for command of units.”
The court said in its order that such arguments were against the concept of equality. |
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Edwards takes treasurer to court over blocked fund transfer
Court Watch |
2020/02/05 19:08
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Gov. John Bel Edwards sued Louisiana's state treasurer Friday for blocking a $25 million fund transfer the governor and lawmakers earmarked for government operating expenses, asking the courts to settle who has ultimate authority over the dollars.
Republican state Treasurer John Schroder repeatedly said if the Democratic governor wanted to spend the unclaimed property dollars included in the state's budget, he'd have to take him to court. After months of disagreement, Edwards complied, filing the lawsuit requesting a judge to declare Schroder's actions are illegal.
Lawmakers appropriated the unclaimed property dollars in Louisiana's $30 billion-plus operating budget. But Schroder has refused to shift the money for spending, and he similarly blocked a $15 million fund transfer last year.
“He doesn't have the discretion not to abide by an appropriation that has been lawfully made by the Legislature,” the governor said ahead of the lawsuit's filing in Baton Rouge district court.
Louisiana collects unclaimed dollars from old savings accounts, payroll checks, stocks and dividends, insurance proceeds, oil royalty payments and utility deposits on behalf of residents. The treasurer's office, designated as custodian of the property, tries to locate people owed the cash and return the money.
Though governors and lawmakers for decades have spent money from the unclaimed property escrow account on programs and services, Schroder said he and his office's lawyers don't believe Louisiana law permits the transfers. |
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Court: Motorcyclist wrong to turn license plate upside down
Court Watch |
2020/01/30 11:09
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A motorcyclist cited for turning his license plate upside down because he thought “it was cool” has lost another bid to rescind a traffic ticket he received.
In a ruling issued Tuesday, a state appellate court determined that the ticket and the $139 penalty Scott DiRoma received in municipal court were both justified. The ruling upheld a decision issued by a Somerset County judge.
DiRoma was driving his motorcycle in Warren Township in June 2018 when he was stopped by a police officer who noticed his license plate was mounted upside down. DiRoma told the officer he liked the way the plate looked and “wanted to be different,” authorities have said.
A municipal court judge eventually imposed a $106 fine and $33 in court costs after DiRoma was found guilty of violating a state law mandating that license plates be kept clear and distinct.
DiRoma appealed that decision, arguing that the law doesn't prohibit an upside-down license plate on a motorcycle because lawmakers drew a distinction between motorcycle and automobile plates. He also claimed the law is unconstitutionally vague.
The county judge, though, found that lawmakers did not intend for drivers to mount their license plates upside down because it would impact law enforcement's ability to protect the public on roadways.
In rejecting DiRoma's claims, the appellate court ruled an upside-down plate on any type of vehicle causes the reader to view characters in reverse order, which would lead to confusion, doubt, and mistake. That would clearly impede law enforcement’s ability to perform its duties, the judges wrote. |
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Supreme Court allows enforcement of new green card rule
Court Watch |
2020/01/26 11:05
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A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.
Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.
The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.
Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.
The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.
The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges. |
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