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Ohio court considers privacy rights in backpack search
Law Center |
2017/03/02 10:46
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The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.
At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.
The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.
A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.
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South African court rules against ICC withdrawal
Law Center |
2017/02/24 09:01
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A South African court has ruled that the government's decision to withdraw from the International Criminal Court was unconstitutional.
A judge in the North Gauteng High Court on Wednesday instructed the government to revoke its notice of withdrawal from the human rights tribunal based in The Hague, Netherlands.
South Africa's main opposition party had gone to court, saying the government's notice was illegal because the South African parliament was not consulted.
South Africa's withdrawal announcement followed a 2015 dispute over a visit by Sudanese President Omar al-Bashir, who is wanted by the ICC for alleged war crimes, crimes against humanity and genocide in Darfur. Al-Bashir was allowed to leave South Africa even though a local court ordered authorities to stop him.
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NC court blocks law stripping governor of election powers
Law Center |
2017/02/18 09:03
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North Carolina's Supreme Court on Monday again blocked a state law approved by Republicans that strips the new Democratic governor of powers to oversee elections.
A lower appeals court briefly let the law to take effect last week, allowing a revamped state elections board to meet for the first time Friday. It's one of the changes passed in late December that shift power over running elections away from Gov. Roy Cooper.
"We are pleased the Supreme Court has put the injunction back in place until the judges can hear and decide the full case" early next month, Cooper spokeswoman Noelle Talley wrote in an email.
The law ends the practice of allowing the governor's political party to hold majorities on all state and county elections boards. Instead of Democrats holding sway over running elections and resolving voting disputes, elections board positions would be evenly divided between major-party partisans.
Republicans would control elections during even-numbered years, when big races for president, legislature or other major statewide offices are held. The measure also merges the state ethics and elections boards into one.
Lawyers representing state House Speaker Tim Moore, R-Cleveland, and Senate leader Phil Berger, R-Rockingham, did not respond to emails seeking comment after the Supreme Court's decision.
Cooper, Moore and Berger are also fighting in court over another new law aiming to restrict the Democrat's ability to alter the state's recent conservative direction.
A panel of three state trial court judges is considering whether to continue blocking a law requiring Senate confirmation of Cooper's Cabinet secretaries.
The law requiring Senate consent to Cooper's top appointees came during a surprise special session barely a week after Republican incumbent Pat McCrory conceded to Cooper in their close gubernatorial race.
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Rolling Stone defamation case over rape story back in court
Law Center |
2017/02/10 00:19
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Attorneys for Rolling Stone magazine are heading back to federal court to try to overturn a jury's defamation verdict over its botched story "A Rape on Campus."
A judge is holding a hearing in Charlottesville, Virginia, on Thursday to consider Rolling Stone's request to throw out the jury's November verdict. The jury awarded University of Virginia administrator Nicole Eramo $3 million after finding Rolling Stone and a reporter defamed her.
The 2014 story told the account of a woman identified only as "Jackie," who said she was gang raped at the school. A police investigation found no evidence to back up Jackie's claims.
The magazine argues, among other things, there's no evidence reporter Sabrina Rubin Erdely acted with actual malice. Eramo's attorneys are urging the judge to keep the verdict.
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Kenya court blocks closing of world's biggest refugee camp
Law Center |
2017/02/10 00:18
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A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.
Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."
Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.
Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.
The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.
President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."
Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.
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Supreme Court won’t hear Giordano appeal in child-sex case
Law Center |
2017/01/07 15:32
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The U.S. Supreme Court has again refused to hear an appeal by former Waterbury Mayor Philip Giordano, who is fighting a 37-year prison sentence for sexually abusing two young girls while in office.
The court’s decision was released Monday. Justices previously refused to hear two earlier appeals by Giordano.
Giordano was challenging a federal appeals court decision in June to dismiss his request to set aside or correct his sentence. Giordano says the prison sentence is unconstitutional and his lawyer during his 2003 trial, Andrew Bowman, made several mistakes.
Bowman has denied that he provided ineffective counsel.
A federal jury convicted Giordano in 2003 of violating the civil rights of two girls, ages 8 and 10, by sexually abusing them in the mayor’s office and other locations.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
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