Court upholds guilty verdict for Russian opposition leader

Court News 2017/02/07 00:36   Bookmark and Share
A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.

However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.

In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.

During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.

"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.

Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.

Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.

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Court orders Wisconsin Legislature to redraw voting maps

Court News 2017/01/26 18:09   Bookmark and Share
A panel of federal judges on Friday ordered the Wisconsin Legislature to redraw legislative boundaries by November, rejecting calls from those challenging the maps to have the judges do the work.

The ruling clears the way for the state to ask the U.S. Supreme Court to review an earlier decision declaring the current maps unconstitutional, but the judges rejected Republican Attorney General Brad Schimel’s request to delay any work until after the Supreme Court decides whether to hear an appeal.

Schimel’s spokesman, Johnny Koremenos, promised the decision would be swiftly appealed to the Supreme Court. Democrats hailed the ruling and called for public hearings on new maps, but Republicans still control the drawing of district boundaries.

“I hope that legislative Republicans are more competent with their second chance,” said Democratic state Sen. Mark Miller, of Monona.

A dozen voters sued in 2015 over the Republican-drawn maps, alleging they unconstitutionally consolidated GOP power and discriminated against Democrats. The three-judge panel agreed in a 2-1 ruling in November, but didn’t order any immediate action.

In its Friday ruling, the judges ordered the Legislature to redraw the maps by November so they could be in place for the 2018 elections. They forbid the current legislative boundaries from being in effect for any future election. They also declined to do the work themselves, as the Democrats who filed the lawsuit wanted.

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Driver due in court in Cleveland officer's hit-and-run death

Court News 2017/01/23 18:10   Bookmark and Share
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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Court ponders mass murderer Breivik's prison conditions

Court News 2017/01/17 17:59   Bookmark and Share
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.

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Supreme Court considers suit over 2001 detention of Muslims

Court News 2017/01/15 17:58   Bookmark and Share
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.

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Supreme Court temporarily blocks new NC districts, elections

Court News 2017/01/11 16:43   Bookmark and Share
The U.S. Supreme Court on Tuesday temporarily blocked a lower court ruling that had directed North Carolina legislators to redraw state legislative districts by March 15 and hold special elections within the altered districts this fall.

The court order granted the request of North Carolina Republican legislative leaders and state officials to delay November's ruling by a three-judge panel. The panel last summer threw out 28 state House and Senate districts as illegal racial gerrymanders.

The Supreme Court says its order will stay in place at least until the court decides whether to hear an appeal the state previously requested. If the justices take up the case, the stay will remain in effect pending a decision.

If no special elections are required, the next round of General Assembly elections would be held in late 2018. The GOP currently holds majorities large enough to override any vetoes by newly installed Democratic Gov. Roy Cooper. Special elections could give Democrats a chance to narrow those margins and give leverage to Cooper.

The delay comes in an atmosphere of intense political division in the state: On Tuesday, the governor expanded the scope of a lawsuit he previously had filed seeking to overturn laws GOP legislators passed to limit his powers just two weeks before he was sworn in.

The voters who sued over the maps alleged that Republican lawmakers drew the boundaries to create more predominantly white and Republican districts by effectively cramming black voters into adjacent Democratic districts. GOP lawmakers said the majority-black districts were drawn to protect them against lawsuits alleging they violated the U.S. Voting Rights Act.
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