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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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High court ruling could reshape Virginia political map
Court Watch |
2017/03/02 10:46
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A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.
The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.
Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.
"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.
The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.
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California court expands endangered-species removal powers
Topics |
2017/03/01 10:46
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The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.
In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.
The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.
The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.
Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.
"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case. |
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Florida Legislature at "Open War" with State Supreme Court
Court Watch |
2017/02/26 10:47
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The Republican-dominated Legislature's tense relationship with the state Supreme Court is hanging over this year's legislative session as lawmakers take up two bills to deal with the aftermath of court rulings that Republicans don't like.
One of them is a fix to the state's death penalty rules and the other a revision of the "stand your ground" law to better protect defendants claiming self-defense.
It's no surprise that two other bills are seen as a shot back at the court - a proposal to limit justices' terms to 12 years and a bill that would require them to file reports to the governor and Legislature on the timeliness of their decisions.
House Speaker Richard Corcoran says one of his highest priorities is to "reign in" the Supreme Court.
Former Supreme Court Justice James Perry said the Legislature is at "open war" with the judiciary, but he said the Legislature can't control the court.
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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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Serbs warn Bosnian Muslim bid at UN court revives old wounds
Court Watch |
2017/02/22 09:01
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A decision by Bosnia's Muslim leader to revive a wartime genocide lawsuit against Serbia at the United Nations' top court has rekindled divisions that led to the 1992-95 war, the top leaders of Serbia and Bosnian Serbs warned on Wednesday.
The bid to appeal a 2007 ruling by the International Court of Justice that cleared Serbia of committing genocide in Bosnia, also dealt a major blow to postwar reconciliation and Bosnia's survival as a multi-ethnic state, Serb officials said.
"Our relations have been pushed backward 25 or 22 years," Serbian Prime Minister Aleksandar Vucic said. "The little trust we built over the years ... is now gone."
Bakir Izetbegovic, the Muslim Bosniak member of Bosnia's tripartite presidency, has initiated the appeal despite a lack of consent from his Croat and Serb counterparts in the presidency.
"Izetbegovic closed the door for Bosnia and its perspective and switched the lights off," said Milorad Dodik, the president of Republika Srpska, the Serb mini-state within Bosnia.
Bosnian Serb leaders have threatened to walk out of joint Bosnian institutions in protest, which would further fuel tensions in the fragile, ethnically divided state.
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