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Girl appeals Slender Man stabbing to Wisconsin Supreme Court
Topics |
2020/09/13 08:12
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One of two girls convicted of stabbing a classmate to please the horror character Slender Man asked the Wisconsin Supreme Court on Friday to rule that the case should have been tried in juvenile court.
Morgan Geyser and Anisa Weier attacked their friend, Payton Leutner, in a Waukesha County park following a sleepover in 2014. Geyser stabbed Leutner 19 times, as Weier encouraged her, leaving the girl to die. All three girls were 12 at the time.
Leutner survived the attack. Geyser pleaded guilty to attempted first-degree intentional homicide in adult court in a deal with prosecutors to avoid prison. She was found not guilty by reason of mental disease or defect. Weier pleaded guilty to attempted second-degree intentional homicide in adult court. She was also found not guilty by reason of mental disease or defect.
Geyser was ordered to spend 40 years in a mental health institution, and Weier was committed to one for 25 years. Geyser’s attorney, Matthew Pinx, argued in his petition to the Wisconsin Supreme Court on Friday that Geyser thought she had to kill Lautner or Slender Man would kill her or kill her family. She was acting in self-defense and should have been charged with attempted second-degree intentional homicide in juvenile court, Pinx argued.
He also maintained that Geyser gave statements to detectives before she was read her rights, and she couldn’t really understand what rights she gave up when she agreed to speak alone with a detective while she was in custody and confessed to the stabbing.
The state Department of Justice is defending Geyser’s conviction. Department spokeswoman Gillian Drummond had no immediate comment. Last month, the 2nd District Court of Appeals rejected the argument that Geyser’s case was overcharged and belonged in juvenile court. |
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Judges: Trump can’t exclude people from district drawings
Court Watch |
2020/09/11 10:07
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Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.
The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.
According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.
The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.
“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.
Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.
The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.
The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said. |
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Wisconsin Supreme Court halts Dane County school order
Court Watch |
2020/09/10 10:07
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The Wisconsin Supreme Court has temporarily blocked an order that prevented most students in Dane County from attending school in person, restrictions issued by health leaders to help control the spread of the coronavirus.
The court, a 4-3 vote, agreed Thursday night to hear a lawsuit challenging the Public Health Madison and Dane County order.
The court's conservative justices were in favor of hearing the case, while more liberal justices opposed. The county's order issued Aug. 21 required students in grades 3-12 be taught online.
The court issued a temporary injunction on the county's order, which means schools across the county can open immediately.
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WikiLeaks’ Assange to fight US extradition bid in UK court
Law Center |
2020/09/09 10:04
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WikiLeaks founder Julian Assange is set to fight for his freedom in a British court after a decade of legal drama, as he challenges American authorities’ attempt to extradite him on spying charges over the site’s publication of secret U.S. military documents. Lawyers for Assange and the U.S. government are scheduled to face off in London Monday at an extradition hearing that was delayed by the coronavirus pandemic.
American prosecutors have indicted the 49-year-old Australian on 18 espionage and computer misuse charges adding up to a maximum sentence of 175 years. His lawyers say the prosecution is a politically motivated abuse of power that will stifle press freedom and put journalists at risk.
Assange attorney Jennifer Robinson said the case “is fundamentally about basic human rights and freedom of speech.” “Journalists and whistle-blowers who reveal illegal activity by companies or governments and war crimes ? such as the publications Julian has been charged for ? should be protected from prosecution,” she said.
American prosecutors say Assange is a criminal, not a free-speech hero. They allege that Assange conspired with U.S. army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release hundreds of thousands of secret diplomatic cables and military files on the wars in Iraq and Afghanistan. They also say he conspired with members of hacking organizations and sought to recruit hackers to provide WikiLeaks with classified information.
“By disseminating the materials in an unredacted form, he likely put people -- human rights activists, journalists, advocates, religious leaders, dissidents and their families -- at risk of serious harm, torture or even death,” James Lewis, a British lawyer acting for the U.S. government, told a hearing in February.
Assange argues he is a journalist entitled to First Amendment protection, and says the leaked documents exposed U.S. military wrongdoing. Among the files released by WikiLeaks was video of a 2007 Apache helicopter attack by American forces in Baghdad that killed 11 people, including two Reuters journalists.
His lawyers argue the prosecution is an abuse of process by a Trump administration that wants to make an example of Assange. They say he would be held in inhuman conditions and would not get a fair trial in the United States.
Journalism organizations and human rights groups have called on Britain to refuse the extradition request. Amnesty International said Assange was “the target of a negative public campaign by U.S. officials at the highest levels.”
“If Julian Assange is prosecuted it could have a chilling effect on media freedom, leading publishers and journalists to self-censor in fear of retaliation,” said Amnesty’s Europe Director, Nils Mui?nieks.
The four-week extradition hearing is part of a twisting saga rife with competing claims of hacking, spying and subterfuge. Assange’s lawyers claim the U.S. intelligence services directed a private security firm to spy on him while he was living in Ecuador’s London embassy -- a case currently being heard in a Spanish court.
Assange also alleges he was offered a pardon by the Trump administration if he agreed to say Russia wasn’t involved in leaking Democratic National Committee emails that were published by WikiLeaks during the 2016 U.S. election campaign. The White House denies that claim.
Assange’s legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women. He refused to go to Stockholm, saying he feared extradition or illegal rendition to the United States or the U.S. prison camp at Guantanamo Bay, Cuba.
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Saudi court issues final verdicts in Khashoggi killing
Topics |
2020/09/07 09:44
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A Saudi court issued final verdicts on Monday in the case of slain Washington Post columnist and Saudi critic Jamal Khashoggi after his son, who still resides in the kingdom, announced pardons that spared five of the convicted individuals from execution.
While the trial draws to its conclusion in Saudi Arabia, the case continues to cast a shadow over the international standing of Crown Prince Mohammed bin Salman, whose associates have been sanctioned by the U.S. and the U.K. for their alleged involvement in the brutal killing, which took place inside the Saudi Consulate in Istanbul.
The Riyadh Criminal Court’s final verdicts were announced by Saudi Arabia’s state television, which aired few details about the eight Saudi nationals and did not name them. The court ordered a maximum sentence of 20 years in prison for the five. Another individual received a 10-year sentence, and two others were ordered to serve seven years in prison.
A team of 15 Saudi agents had flown to Turkey to meet Khashoggi inside the consulate for his appointment on Oct. 2, 2018 to pick up documents that would allow him to marry his Turkish fiance, who waited outside. The team included a forensic doctor, intelligence and security officers, and individuals who worked directly for the crown prince’s office, according to Agnes Callamard, who investigated the killing for the United Nations.
Turkish officials allege Khashoggi was killed and then dismembered with a bone saw inside the consulate. His body has not been found. Turkey apparently had the consulate bugged and shared audio of the killing with the C.I.A., among others.
Western intelligence agencies, as well as the U.S. Congress, have said the crown prince bears ultimate responsibility for the killing and that an operation of this magnitude could not have happened without his knowledge.
The 35-year-old prince denies any knowledge of the operation and has condemned the killing. He continues to have the support of his father, King Salman, and remains popular among Saudi youth at home. He also maintains the support of President Donald Trump, who has defended U.S.-Saudi ties in the face of the international outcry over the slaying.
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Alaska Supreme Court rules bonding plan is unconstitutional
Law Center |
2020/09/06 09:44
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The Alaska Supreme Court on Friday rejected as unconstitutional former Gov. Bill Walker’s proposal to use bonding to pay Alaska’s oil and gas tax credit obligations. The court, in a written ruling, said the plan, which was approved by the Legislature in 2018, is “unconstitutional in its entirety.”
The bill passed by lawmakers approved the creation of a state corporation that would be empowered to sell up to $1 billion in bonds to pay off remaining tax credit obligations. The Legislature previously voted to end the tax credit program geared toward small producers and developers, saying that the program had become unaffordable.
The state constitution limits the power to incur state debt. But a 2018 legal opinion by then-Attorney General Jahna Lindemuth said the proposed bonds would not be considered state debt subject to the constitutional restraints because they would be “subject-to-appropriation” bonds and contingent upon annual legislative appropriation decisions.
Superior Court Judge Jude Pate dismissed the lawsuit brought by resident Eric Forrer, who had challenged the bonding plan. Forrer appealed.
The Alaska Supreme Court, in its decision, said subject-to-appropriation bonds are “contrary to the plain text of the Alaska Constitution and the framers' intent.”
“If the State intends to utilize financing schemes similar to HB 331 in the future, it must first seek approval from the people ? if not through a bond referendum then through a constitutional amendment,” the opinion states. HB 331 refers to the bonding bill.
Joe Geldhof, an attorney for Forrer, said “the real winner here" is Alaska's constitution and the citizens of the state who won't incur “needless debt based on a scheme.”
Gov. Mike Dunleavy's office, in a statement, said the departments of Revenue and Law are reviewing the decision to understand its impacts. |
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