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Maryland redistricting case comes before Supreme Court
Legal Focuses | 2018/03/14 12:17
The Supreme Court is taking up its second big partisan redistricting case of the term amid signs the justices could place limits on drawing maps for political gain.

The justices are hearing arguments Wednesday in an appeal filed by Republicans in Maryland. They complain that Democrats who controlled the state government in 2011 drew a congressional district for the express purpose of ousting the Republican incumbent and replacing him with a Democrat.

In Wisconsin, Democrats are challenging legislative districts drawn by Republicans statewide. Those districts gave Republicans a huge majority in a state that otherwise is closely divided between the parties.

The Supreme Court has never struck down districts for being too partisan.

A decision in favor of opponents of partisan gerrymandering could cut into the political power of the dominant party in states in which one party controls the state government.

The court is expected to issue decisions in both cases by late June.

Maryland's 6th Congressional District had been centered in rural, Republican-leaning northwestern Maryland and had elected a Republican to Congress for 20 years. Incumbent Rep. Roscoe Bartlett won re-election in 2010 by 28 percentage points.

But in the 2011 redistricting, Democrats altered the district to take in some Democratic suburbs of Washington, D.C. The new district had 62,000 fewer Republicans and 33,000 more Democrats. Bartlett lost the 2012 election by 21 percentage points.

Republican voters who sued over the changes said the state violated their First Amendment rights.

Maryland Attorney General Brian Frosh, a Democrat, is defending the district as competitive for both parties. Frosh said the district has elected a moderate Democrat, and in 2014, a friendlier year for Republican candidates, the victory margin of Democratic Rep. John Delaney dropped to less than 2 percentage points, though it rose again in 2016.



Prosecutor asks for prison terms in Paris terror trial
Legal Focuses | 2018/02/04 23:28
A French prosecutor has requested four years in prison for a man accused of harboring killers in the 2015 Islamic State attacks on Paris, less than the maximum term.

In closing arguments Tuesday, Nicolas Le Bris said Jawad Bendaoud knew he was hiding criminals, but that there wasn't sufficient evidence he knew they were involved in the Nov. 13, 2015, attacks.

However, he called for the maximum 5-year sentence for co-defendant Youssef Ait-Boulhacen, arguing that Ait-Boulhacen knew who the men were, what they had done, and that they were plotting another attack.

Ait-Boulahacen's sister, Hasna, found the hideout for the fugitives and died with them in a police standoff.

The trial is the first time a French court has heard a case related to the attacks, which killed 130 people.



Greek court backs extraditing Russian bitcoin suspect to US
Legal Focuses | 2017/12/11 09:44
Greece's Supreme Court has ruled in favor of extraditing a Russian cybercrime suspect to the United States to stand trial for allegedly laundering billions of dollars using the virtual currency bitcoin.

Alexander Vinnik made his final appearance at an Athens court Wednesday amid an ongoing legal battle between the U.S. and Russia, who are both seeking his extradition.

Greece's justice minister will ultimately decide on whether Vinnik will be sent to Russia or the U.S.

The case was heard amid growing global interest in virtual currencies and their underlying blockchain technology, fuelled by the ongoing boom in the price of bitcoin.

The 38-year-old former bitcoin platform operator denies any wrongdoing but is not contesting the Russian request on less serious charges.

U.S. authorities accuse Vinnik of laundering $4 billion worth of bitcoins through BTC-e, one of the world's largest digital currency exchanges, which he allegedly operated.

Garrick Hileman, a research fellow at the University of Cambridge, said bitcoin's growing acceptance by mainstream markets makes criminal cases surrounding the currency more significant.

"For bitcoin to continue to attract regulated and institutional investors it will need to operate within the law," he told the AP.

"The United States, with the support of evidence from various cyber sleuths, is arguing that Vinnik and BTC-e were two of the biggest bad actors in the crypto-currency industry. Bringing bad actors to justice will help bitcoin move beyond its tainted history."

Vinnik was arrested at a northern Greek holiday resort in July and a lower court has already approved his extradition to the U.S.

Ilias Spyrliadis, a lawyer for Vinnik's defense, said they would formally respond after Wednesday's decision is published, in about one week.

"The Supreme Court has in essence accepted that our client should be sent to the United States," the lawyer said. "Our client has not made any response. He listened to the ruling as it was read out ... It is now up to the justice minister to decide when and where our client will be sent."



Comedian Artie Lange arrested for skipping court
Legal Focuses | 2017/12/09 09:45
Comedian Artie Lange has been arrested for skipping a court appearance.

NJ.com reports Lange was arrested Tuesday night at his home in Hoboken. Authorities say Lange failed to appear in Superior Court in Essex County for charges stemming from a drug arrest earlier this year.

Police said they found Lange with a bag of heroin during a traffic stop in May. Lange faces charges of possession of a controlled dangerous substance and drug paraphernalia in the case.

Lange's arrest follows a strange incident over the weekend in which the comedian tweeted a picture of himself with a swollen nose. Hoboken police responded to Lange's home and he later apologized.

Lange wrote in a tweet that he missed court because of a "bad communication" with his lawyer.




Supreme Court to consider American Express fee dispute
Legal Focuses | 2017/10/20 12:18
The Supreme Court is taking up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees.

The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.

The case stems from a lawsuit filed by states and the Obama administration in 2010 against American Express, Mastercard and Visa. The lawsuit said that letting merchants steer customers to cards with lower fees for merchants or to other preferred cards would benefit consumers and increase incentives for networks to reduce card fees.

Visa and MasterCard entered into consent judgments in 2011 and stopped their anti-steering rules for merchants while American Express proceeded to trial.

A trial judge ruled against American Express in 2015, but the appeals court reversed that ruling last year.

The Trump administration said it agreed with the states, but still urged the Supreme Court to reject the case. The administration said the justices should let the issue percolate in the lower courts.

The 11 states that joined the appeal are Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Ohio, Rhode Island, Utah and Vermont.

Other states that were part of the original lawsuit are Arizona, Missouri, Nebraska, New Hampshire, Tennessee and Texas.

The court will hear argument in Ohio v. American Express, 16-1454, during the winter.



With 2 in 3 months, Ohio executions could be back on track
Legal Focuses | 2017/09/18 12:31
Court rulings favorable to the state and the outcome of two executions in three months indicate Ohio could be on track to resume putting inmates to death regularly.

The state executed child killer Ronald Phillips in July and double killer Gary Otte on Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.

Witnesses said Phillips did not appear to be distressed. Otte’s chest rose and fell several times over two minutes in a fashion similar to some executions, though the movement appeared to go on longer than in the past.

Otte’s lawyers believe he suffered a phenomenon known as air hunger and plan to continue their challenge of Ohio’s use of a sedative called midazolam.

“My concerns were that he was obstructing, he was suffering air hunger, trying desperately to get air, and there were tears running down his face, which indicated to me that he was feeling pain or sensations,” federal public defender Carol Wright said after Wednesday’s execution.

Prisons spokeswoman JoEllen Smith said the procedure “was carried out in compliance with the execution policy and without complication.”

The next and last execution scheduled this year is Nov. 15, when the state plans to put Alva Campbell to death. A jury found Campbell, 69, guilty of killing 18-year-old Charles Dials 20 years ago after Campbell, who was in a wheelchair while feigning paralysis, escaped from a court hearing.

Ohio is scheduled to execute four people next year, including Cleveland R. Jackson, of Lima, and six in 2019. Nine men were executed in 2010, the most since Ohio resumed putting inmates to death in 1999.




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