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Supreme Court nominee has defended free speech, religion
Court Watch | 2017/02/13 00:18
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.

On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.

In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote.


Court upholds guilty verdict for Russian opposition leader
Court Watch | 2017/02/10 00:19
A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.

However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.

In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.

During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.

"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.

Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.

Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.



Court appeals temporarily delay Texas execution
Court Watch | 2017/01/27 16:29
Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.

Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.

The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.

Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.

Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally.


Driver due in court in Cleveland officer's hit-and-run death
Court Watch | 2017/01/26 16:29
The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.

Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.

Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.

Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.

A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.



Kyrgyz court confirms life sentence for journalist
Court Watch | 2017/01/24 16:26
A court in Kyrgyzstan on Tuesday upheld a life sentence for an ethnic Uzbek journalist in a case that has drawn international criticism.

Azimzhan Askarov was convicted in 2010 for stirring up ethnic hatred, a charge related to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced.

The majority of those convicted for taking part in the deadly clashes have been ethnic Uzbeks.

Askarov, who can appeal the ruling in the Supreme Court, shouted out after Tuesday's decision that he would go on hunger strike in protest.

Askarov's case was sent for review last year after the U.N. Human Rights Committee in April urged Kyrgyzstan to release him, finding that he had been arbitrarily detained, tortured and denied his right to a fair trial.

Askarov's lawyer, Tolekan Ismailov, told reporters that his client would appeal the ruling, which he dismissed as unlawful.

Askarov had been documenting human rights violations by the police and prison authorities in his hometown near the Uzbek border for more than 10 years before he was arrested in 2010.



Ethics measure backers ask high court to let them join case
Court Watch | 2017/01/22 17:45
Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.

South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.

The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.

The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."

Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.



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