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Polish prosecutors investigate court head for abuse of power
Court Watch | 2016/08/19 14:51
Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
 
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.

The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.

Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.



'Whitey' Bulger asks US Supreme Court to hear his appeal
Topics | 2016/08/18 14:52
James "Whitey" Bulger has asked the U.S. Supreme Court to hear his appeal of his racketeering convictions for playing a role in 11 murders and committing a litany of other crimes.

It is unclear if the high court will take up the Boston gangster's case. The court generally agrees to hear only a small percentage of the thousands of cases it's asked to review each year. The 1st U.S. Circuit Court of Appeals upheld Bulger's 2013 convictions in March.

A three-judge panel of the court found that Bulger had not shown that his right to a fair trial was violated when a judge barred him from testifying about his claim that a now-deceased federal prosecutor granted him immunity. The trial judge said Bulger had not offered any hard evidence that such an agreement existed.

Bulger, now 86, led a notoriously violent gang from the 1970s through the early 1990s. He fled Boston in 1994 after an FBI agent tipped him that he was about to be indicted. Bulger remained a fugitive until 2011, when he was captured in Santa Monica, California. He is now serving a life sentence.


Court rejects Cosby's attempt to reseal testimony on affairs
Legal Interview | 2016/08/17 14:52
A federal appeals court on Monday rejected Bill Cosby's effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women, saying the documents are now a matter of public knowledge.

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the comedian's appeal was moot. "The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed," the court wrote in an opinion.

Cosby's attorneys hoped a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.

Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.

In the nearly 1,000-page deposition, the married comic once known as "America's Dad" for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked 1980s TV show, "The Cosby Show," admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.

The documents were released last year on a request from The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.



Appeals court rejects request to postpone voter ID decision
Court Watch | 2016/08/14 14:53
An appeals court has quickly decided it won't delay enforcement of its ruling striking down North Carolina's photo identification requirement and other election restrictions, including reducing early in-person voting by seven days.

The 4th U.S. Circuit Court of Appeals denied the stay Thursday, one day after state leaders' attorneys requested that last week's ruling be set aside as they prepare to ask the U.S. Supreme Court to consider the case.

A 4th Circuit panel had determined a 2013 law Republicans approved amounted to intentional discrimination of black voters.

Thursday's order says the harm to disenfranchised voters outweighs granting a delay. Last week's injunction means no voter ID mandate and 17 days of early voting with same-day registration. The state has other options to seek a delay.



Court again says New Jersey can't legalize sports betting
Law Center | 2016/08/14 14:52
A federal appeals court on Tuesday dealt another defeat to New Jersey's yearslong attempt to legalize sports betting, setting aside the state's challenge to a federal betting ban.

The 3rd U.S. Circuit Court of Appeals ruling invalidated a law passed by New Jersey in 2014 that would have allowed sports betting at casinos and racetracks. The court found New Jersey's law repealing prohibitions against sports gambling violated the 1992 Professional and Amateur Sports Protection Act, which forbids state-authorized sports gambling.

"Because PASPA, by its terms, prohibits states from authorizing by law sports gambling, and because the 2014 law does exactly that, the 2014 law violates federal law," the court wrote.

Currently, only Nevada offers legal sports betting on individual games. Delaware offers multigame parlay betting in which players must pick several games correctly to win. Both were given exemptions when PASPA was passed.

New Jersey Gov. Chris Christie and supporters in the state Legislature have sought to legalize sports gambling to help prop up the struggling casino and horse racing industries. It's estimated up to hundreds of billions of dollars are bet illegally on sports every year in the U.S.

Monmouth Park, in Oceanport on New Jersey's coast, is the only venue currently set up to offer sports gambling, if it were legalized.

The dispute has a lengthy legal history. New Jersey voters approved legal sports gambling in 2011, but the four major professional sports leagues and the NCAA sued the state the following year. The leagues claimed the expansion of betting to New Jersey would damage the integrity of their games and lead to more game-fixing.

Sports betting supporters have called the leagues' stance hypocritical, saying the leagues condone and profit from sports fantasy leagues in which participants assemble rosters of players from different teams and compete against others.

North Carolina shooting victim's family hires lawyer. The family of a black North Carolina man shot to death in a neighborhood confrontation in Raleigh has hired the lawyer representing two other black men who were killed by white police officers.

State Rep. Justin Bamberg of South Carolina says he is representing relatives of Kouren-Rodney Bernard Thomas.

Thomas was killed Aug. 7 when a white man living two doors down from a neighborhood party called police to complain of "hoodlums" and then fired a shotgun from his garage. Chad Cameron Copley is charged with murder.

Bamberg also is representing the family of Alton Sterling. The Baton Rouge, Louisiana, man was killed last month after he scuffled with two police officers outside a convenience store.

Bamberg also represents the family of Walter Scott, an unarmed South Carolina motorist killed by a North Charleston officer last year. Michael Slager faces state and federal charges.



Ex-officer charged in death of black motorist back in court
Court Watch | 2016/08/13 14:52
A white former police officer charged in the shooting death of a black motorist is returning to a federal courtroom in South Carolina.

U.S. District Judge David Norton has set a Friday hearing on the civil rights charges brought against former North Charleston officer Michael Slager. It's Slager's first appearance in federal court since his arraignment in May.

The federal charges stem from the shooting death of Walter Scott, 50, in April of 2015. Scott, who was unarmed, was fleeing a traffic stop when he was shot. A bystander's video recording of Scott's shooting reignited the national debate about the treatment blacks face at the hands of white police officers.

Slager faces a murder charge in state court in a trial set to begin in October.

The federal indictment charges that Slager, while acting as a law officer, deprived Scott of his civil rights. A second count says he used a weapon, a Glock Model 21 .45-caliber pistol, while doing so.

The third count, charging obstruction of justice, alleges Slager intentionally misled state investigators about what happened during the encounter with Scott.


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