Trial begins Monday in Kansas abortion stalking lawsuit

Legal Insight 2019/09/29 23:22   Bookmark and Share
A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.

Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.

The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.

U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution.

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Egypt court asks religious figure to weigh in on sentences

Legal Insight 2019/09/25 23:25   Bookmark and Share
An Egyptian court has referred the case of seven defendants facing terrorism charges to the country's top religious authority, the Grand Mufti, for a non-binding opinion on whether they can be executed as the prosecution seeks.

The Cairo Criminal Court says Saturday the defendants are members of a local affiliate of the Islamic State group spearheading an insurgency in northern Sinai.

The men are part of 32 defendants accused of killing eight police, including an officer, when they ambushed a microbus in Cairo's southern suburb of Helwan in May 2016.

The verdict is set for Nov. 12, and the presiding judge may rule independently of the Mufti.

Egypt has battled an insurgency for years in the Sinai Peninsula that has occasionally spilled over to the mainland.
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Dutch Supreme Court asked to clarify euthanasia case

Legal Insight 2019/09/22 23:27   Bookmark and Share
Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.

The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.

Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."

The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.

The cassation proceedings mean that the doctor's acquittal will not be called into question.

The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.

The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."

Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case.
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New Orleans judges seek review of court fees conflict ruling

Legal Insight 2019/09/10 14:40   Bookmark and Share
State criminal court judges in New Orleans have asked a federal appeals court to reconsider its finding that they have a conflict of interest when deciding whether some defendants can pay fines and fees.

The fines and fees in question partially fund expenses of the New Orleans Criminal District Court.

The 5th U.S. Circuit Court of Appeals last month upheld a federal district judge who said the New Orleans judges must provide a “neutral forum” for determining whether a defendant can pay. The judges have asked, in a filing dated Friday, that the court grant a rehearing in the case. It’s unclear when the appeals court will rule on the request.

New justice formally joins Virginia Supreme Court  

The Virginia Supreme Court has a new justice.

The Richmond Times-Dispatch reports Teresa Chafin, previously a judge on the Virginia Court of Appeals, formally joined the court Friday in a special session in Abingdon.

The General Assembly elected her in February. Chafin is the sister of state Sen. Ben Chafin, who lobbied on her behalf but didn't vote when the Senate confirmed her 36-0.

Chafin will serve a 12-year term. She's filling a vacancy created by the retirement of Justice Elizabeth McClanahan.

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‘The Supreme Court Is Not Well. And the People Know It.’

Legal Insight 2019/09/04 14:45   Bookmark and Share
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.

On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”

The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.

Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.
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Thai court acquits Red Shirts of terrorism for 2010 protests

Legal Insight 2019/08/14 09:09   Bookmark and Share
A court in Thailand on Wednesday dismissed terrorism and other charges against 24 leaders of an extended street protest in 2010 that saw key areas of central Bangkok closed off and random violence that was ended by military force.

The Bangkok Criminal Court ruled that the two-month protest by the "Red Shirt" supporters of former Prime Minister Thaksin Shinawatra, during which 91 people were killed and thousands hurt, was "a political fight, not terrorism."

Thaksin was ousted by a military coup in 2006 after being accused of corruption and abuse of power. His allies won a 2007 election, but parliamentary maneuvering installed the rival Democrat Party in power in 2008, inspiring the 2010 protest that called for Democrat Prime Minister Abhisit Vejjajiva to step down.

Thaksin's ouster set off years of sometimes violent conflict between his supporters and opponents, both of which engaged in aggressive street protests against governments led by the other's faction. During three months of street protests in 2008, Thaksin's foes - known as the Yellow Shirts - occupied the prime minister's offices, as well as Bangkok's international airport for about a week.

The casualties in 2010 included soldiers as well as protesters. Unidentified armed men in black whose weapons included grenade launchers acted as a mysterious armed auxiliary to the protesters, but it appeared that most of the dead were unarmed civilians.

The case decided Wednesday was brought by state prosecutors and more than 40 business owners affected by the Red Shirts' seizure of Bangkok's central shopping and business district, and involved charges of terrorism, criminal association, using force to damage government property, inciting unrest, possession of arms, obstruction of officials through intimidation and gathering more than 10 people to cause chaos. The defendants were acquitted of all charges.
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