|
|
|
Spain court rejects handing pedophile to Morocco
Legal Focuses |
2013/11/18 16:03
|
Spain's National Court has ruled against extraditing back to Morocco a convicted Spanish pedophile whose release triggered protests in the North African country.
A court statement Monday said Daniel Galvan Vina would not be handed back because under a bilateral agreement Spain and Morocco do not extradite their citizens to each other. The court said, however, it would begin a process to ensure that Galvan serves out his sentence in a Spanish jail, something the convict had originally asked for.
Galvan was convicted of raping 11 children in Morocco and sentenced to 30 years prison in 2011. He was mistakenly pardoned by Morocco's King Mohammed VI in July but was arrested in Spain days later after the king rescinded his pardon following the protests. |
|
|
|
|
|
|
Russian court: Greenpeace activist to stay in jail
Legal Focuses |
2013/11/18 16:00
|
A Russian judge refused Monday to free Australian Greenpeace activist Colin Russell, who was among 30 people arrested following a protest against oil drilling in the Arctic, signaling that others also could be kept in jail for three more months pending trial.
In a subsequent hearing, however, a judge agreed to free a Russian doctor who was on the Greenpeace ship when it was seized by the Russian coast guard on Sept. 18. Yekaterina Zaspa was released on bail of 2 million rubles ($61,500).
Investigators had asked St. Petersburg courts to extend the detention period of all 30. Hearings were scheduled Monday for seven of the group.
During similar hearings two months ago on whether to jail the defendants, the rulings were the same in all 30 cases, which made Monday's release of the Russian doctor unexpected.
The Russians arrested everyone on board the ship, including cooks and journalists documenting the protest, after a few of the environmental activists tried to scale an offshore drilling platform owned by Russian state energy giant Gazprom. |
|
|
|
|
|
|
High court reverses pot conviction over evidence
Legal Focuses |
2013/11/11 13:34
|
The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
|
|
|
|
|
|
EU top court holds up state's say in Volkswagen
Legal Focuses |
2013/10/23 11:21
|
The European Union's top court has upheld a law giving a German government authority a blocking minority in Volkswagen AG, Europe's largest carmaker.
The Court of Justice on Tuesday dismissed a lawsuit against the rule brought by the European Commission, the 28-nation bloc's executive arm that also acts as the antitrust watchdog.
The German state of Lower Saxony's 20 percent stake in the Wolfsburg-based automaker gives it the right to block corporate decisions — a lower threshold than the 25 percent blocking minority for all other German public companies. But the court ruled the law still meets the relevant European requirements.
Lower Saxony state governor Stephan Weil, in turn, expressed "great joy" about the ruling, calling it a good day for the state and the company's employees, according to a statement issued by his office.
Volkswagen declined to comment on the verdict since the company wasn't a party to the lawsuit by the Commission against Germany. The company owns 12 car brands including Audi, Seat and high-end sports car maker Porsche.
The court also struck down a fine sought by the Commission which would have cost German authorities several dozen millions of euros.
The Commission initiated proceedings against the so-called Volkswagen law in 2005. A 2007 Court of Justice ruling then invalidated parts of it, forcing Germany to amend the law to its present form. Still, the Commission maintained it inhibits the free movement of capital within the EU. |
|
|
|
|
|
|
High court weighs Mich. ban on affirmative action
Legal Focuses |
2013/10/14 13:26
|
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.
Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.
It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.
"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.
A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies. |
|
|
|
|
|
|
Once notable NJ lawyer given life sentence
Legal Focuses |
2013/09/25 11:26
|
A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
|
|
|
|
|
Legal News RSS Feed
