Relatives of Slain US Troops Describe Loss to Jordan Court

Legal Insight 2017/07/10 16:54   Bookmark and Share
Relatives of two of the three U.S. military trainers shot dead at the gate of a Jordanian air base last year have described the pain of their loss to a military court trying the alleged killer.

The family members attended a court hearing in Jordan's capital Monday and will remain until the verdict, expected next week.

A Jordanian soldier charged with murder in the shootings faces life in prison if convicted.

The soldier, who allegedly opened deadly fire on U.S. troops at the gate, has pleaded "not guilty." The judge has said he has no ties to terrorist groups.

The defense attorney said his client fired because he feared the base was under attack The prosecutor said the defendant acted with intent, having fired dozens of rounds over several minutes.
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Court: Energy firm can pass $55M cleanup costs

Legal Insight 2017/07/05 16:55   Bookmark and Share
The Ohio Supreme Court says an energy company is allowed to pass on the $55 million cost of cleaning up two polluted sites to its customers in the form of an added charge on their monthly bills.

Duke Energy has been adding $1.67 to bills in Ohio for about three years to help pay for the cleanup of two long-closed facilities in Cincinnati. A spokeswoman says the charge will likely continue for two more years.

The Supreme Court ruled last week that cleanup costs can be treated like other business expenses.

The Cincinnati Enquirer reports that Charlotte, North Carolina-based Duke Energy inherited the plants from another company. They were closed in 1928 and 1963, but cleanup had been a low priority because there was little public access to the sites.


Abduction suspect makes first appearance in court

Hundreds of people gathered outside a federal courthouse Monday as the suspect in the kidnapping of a Chinese scholar at the University of Illinois made his first appearance since being arrested last week.

During the nine-minute hearing, 28-year-old Brendt Christensen acknowledged to the judge that he understood his rights, but did not say anything else. U.S. Magistrate Eric Long ordered Christensen held without bond in the kidnapping of Yingying Zhang. Authorities say facts in the case indicate the 26-year-old Zhang is dead, although her body hasn't been found.

Long ordered Christensen to return to the court in Urbana on Wednesday to determine bond. A preliminary hearing was set for July 14, but that would be waived if a grand jury returns an indictment before then. The federal kidnapping charge carries a maximum sentence of life in prison, according to a U.S. attorney's office spokeswoman.

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Mississippi man takes Confederate flag fight to high court

Legal Insight 2017/06/29 09:45   Bookmark and Share
A black Mississippi citizen is taking his case against the state's Confederate-themed flag to the U.S. Supreme Court.

In papers filed Wednesday, attorneys for Carlos Moore said lower courts were wrong to reject his argument that the flag is a symbol of white supremacy that harms him and his young daughter by violating the Constitution's guarantee of equal protection to all citizens.

His attorneys wrote that under the 5th U.S. Circuit Court of Appeals' ruling against Moore, "a city could adopt 'White Supremacy Forever' as its official motto; or a county could incorporate an image of white hooded figures and a noose hanging from a tree into its county seal; or a state could incorporate a Nazi swastika, as an endorsement of Aryan/white supremacy, in its state flag."

Mississippi's is the last state flag to feature the Confederate battle emblem. Critics say the symbol is racist. Supporters say it represents history.

Mississippi has used the flag since 1894, displaying its red field and tilted blue cross dotted with 13 white stars in the upper left corner. Voters kept it in a 2001 election.

However, several cities and towns and all eight of the state's public universities have stopped flying the flag amid concerns that it is offensive in a state where 38 percent of the population is black. Many took action after the June 2015 massacre of nine black worshippers at a church in Charleston, South Carolina, by an avowed white supremacist who posed with the Confederate battle flag in photos posted online.

The fresh scrutiny has extended to other Old South symbols on public display; New Orleans recently removed statues of Confederate officers and a monument to white supremacy, and other cities are considering similar demotions.

The lawsuit Moore filed in February 2016 says the Mississippi flag is "state-sanctioned hate speech," and seeks to have it declared an unconstitutional relic of slavery.

U.S. District Judge Carlton Reeves dismissed it in September without ruling on the merits, saying Moore lacked legal standing to sue because he failed to show the emblem caused an identifiable legal injury.
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Case of gay couple's wedding cake heads to Supreme Court

Legal Insight 2017/06/28 09:45   Bookmark and Share
A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states.

Baker Jack Phillips is challenging a Colorado law that says he was wrong to have turned away a same-sex couple who wanted a cake to celebrate their 2012 wedding.

The justices said Monday they will consider Phillips' case, which could affect all states. Twenty-two states include sexual orientation in anti-discrimination laws that bar discrimination in public accommodations.

Phillips argues that he turned away Charlie Craig and David Mullins not because they are gay, but because their wedding violated Phillips' religious belief.

After the couple was turned away in 2012, they complained about Masterpiece Cakeshop on Facebook, then filed a complaint with the Colorado Civil Rights Commission. The state sided with the couple.

"It solidified the right of our community to have a right to public accommodations, so future couples are not turned away from a business because of who they are," Mullins said Monday.

Phillips says that artisans cannot be compelled to produce works celebrating an event that violates the artist's religion. A lawyer for Phillips pointed out that another Denver-area baker was not fined for declining to bake a cake with an anti-gay message.

"The government in Colorado is picking and choosing which messages they'll support and which artistic messages they'll protect," said Kristen Waggoner of the Alliance Defending Freedom, which took the baker's case.

The decision to take on the case reflects renewed energy among the high court's conservative justices, whose ranks have recently been bolstered by the addition of Justice Neil Gorsuch.

The Colorado case could settle challenges from at least a half-dozen other artists in the wedding industry who are challenging laws in other states requiring them to produce work for same-sex ceremonies.
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D.C. on edge: rumors of new Supreme Court vacancy swirl

Legal Insight 2017/06/26 09:46   Bookmark and Share

White House sources think Justice Anthony Kennedy, the Supreme Court's ideological fulcrum, may announce his retirement today, as the justices gather on the bench for the last time this term.

If that happens, Day 158 instantly becomes President Trump's biggest moment.

Trump's first Court appointment, of Justice Neil Gorsuch, was a one-for-one ideological swap for the late Justice Antonin Scalia.
Replacing Kennedy would be even more historic and consequential: a momentous chance to edge the Court right, since Kennedy is the center of the Court — the one most willing to listen to both sides. On a controversial case, both sides pitch to him. It's been called "Kennedy's Court."

No one's predicting: Court watchers say no one knows, and Kennedy has said nothing publicly. He could well wait one more year: The Court buzz is that it'll be this year or next.

Be smart: Few domestic developments could more instantly and decisively change the national conversation — blotting out almost everything else, and vastly reducing the sting for conservatives is healthcare tanks.

A Washington wise man emails: "With two court appointments and maybe one more, Trump's presidency will be consequential even if he has few legislative achievements. This week may well demonstrate both."
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Ronaldo summoned to court, Mourinho accused of tax fraud

Legal Insight 2017/06/21 09:47   Bookmark and Share
Cristiano Ronaldo has been summoned to appear before a Spanish judge, and Jose Mourinho could be next.

Ronaldo and Mourinho are the latest members of the soccer elite to be accused of tax fraud in Spain. Lionel Messi and Javier Mascherano, among others, have already been convicted.

On Tuesday, Ronaldo was told to appear in court on July 31, while Mourinho was accused by a state prosecutor of defrauding Spain's Tax Office of 3.3 million euros ($3.7 million).

Ronaldo, who is in Russia at the Confederations Cup with Portugal's national soccer team, has played in Spain for Real Madrid since 2009. The 54-year-old Mourinho was Real Madrid coach from 2010-13. He now is the coach of English club Manchester United.

The cases are about the profits made from image rights, not salaries from their clubs. Real Madrid and Man United are not directly involved.

Both Ronaldo and Mourinho are represented by Portuguese agent Jorge Mendes. Atletico Madrid striker Radamel Falcao and Real Madrid defender Fabio Coentrao, who have also been accused of tax fraud in Spain, are also clients of Mendes.

A request for comment from Mendes' agency, Gestifute, was not immediately answered.

Last week, Ronaldo was accused by a state prosecutor of four counts of tax fraud totaling 14.7 million euros ($16.5 million). The Portugal forward is now under official investigation and will have to appear in the Pozuelo de Alarcon court No. 1 on July 31. A judge will then decide if they are grounds to charge him with a crime.

The prosecutor said last Tuesday that there was evidence that Ronaldo used a shell company in the Virgin Islands to hide the money he had made from image rights. Ronaldo has denied any wrongdoing.

The accusations against Ronaldo have caused speculation in Portugal and Spain that he is now considering leaving the country to play elsewhere.

The summoning of Ronaldo coincided with the same Madrid-based prosecutor's office accusing Mourinho of two counts of tax fraud.

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