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Appeals court: Trump exceeded authority with travel ban
Topics in Legal News |
2017/12/24 01:47
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation. |
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Indiana Supreme Court considers eavesdropping case
Securities Law Firm |
2017/12/22 01:47
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The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.
Last month, the Supreme Court suspended Neary's law license for four years.
Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .
Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.
Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.
Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."
The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
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Commission to recommend pretrial reforms for Illinois courts
Court Watch |
2017/12/22 01:47
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Key players in the Illinois court system are set to scrutinize pretrial processes statewide to identify ways to make them fairer and more transparent.
The Illinois Supreme Court says the focal point of the push for reforms will be a Commission on Pretrial Practices. It’ll include everyone from judges and lawyers to legislators and court clerks.
Chief Justice Lloyd Karmeier said in a statement last week that the aim is to enact “sensible and practical reforms” that, among other things, ensure pretrial detention is ordered only when a suspect poses a clear threat.
He says the commission’s goal will be to understand “where the greatest problems lie” and “how those problems differ from jurisdiction to jurisdiction.” He didn’t say when the commission hoped to release its recommended reforms.
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Court convicts British woman of smuggling powerful painkillers
Headline Legal News |
2017/12/21 01:47
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A court in Egypt's Red Sea region has convicted a British woman of smuggling hundreds of powerful painkillers banned in the Arab country, sentencing her to three years in prison.
The woman, 33-year-old Laura Plummer from Hull, has maintained her innocence since her arrest in October on arrival from Britain at Hurghada, a Red Sea resort city. She has insisted the Tramadol tablets were for her Egyptian partner who suffers chronic back pain.
Tramadol is listed by Egyptian authorities as an illegal drug given its wide use as a heroin substitute.
Tuesday's conviction came as a surprise since the hearing was supposed to be taken up by the argument of the defense. The verdict can be appealed.
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US jury acquits Peruvian defendant in FIFA bribery case
Topics in Legal News |
2017/12/19 01:48
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A former South American soccer official was acquitted Tuesday of a corruption charge stemming from the FIFA bribery scandal after two others were convicted last week, capping a trial in which U.S. prosecutors sought to expose a culture of greed and corruption among the powerful men who oversee the world's most popular sport.
Jurors found Manuel Burga, the 60-year-old former president of Peru's soccer federation, not guilty of a single racketeering conspiracy charge.
Burga wept when the acquittal was announced. After the verdict, he came out of the courtroom, his eyes wet and said: "God Bless America. That's all I can say."
Burga said he would go home and resume a career as a lawyer that had been largely left behind for the last 15 years during his career as a soccer executive.
"My history in soccer is finished," he said. "I'll go back to the law."
On Friday, jurors told U.S. District Judge Pamela Chen they were deadlocked on Burga's case but had reached guilty verdicts on multiple charges against two other former officials: Juan Napout, of Paraguay, and Jose Maria Marin, of Brazil. Chen gave jurors the holiday weekend to think about Burga's case.
The judge had jailed Marin, 85, and Napout, 59, after their convictions Friday. The two were acquitted on some lesser charges. Burga, meanwhile, was waiting on his passport to return home.
Marin, Burga and Napout had been arrested in 2015. Prosecutors accused them of agreeing to take millions of dollars in bribes from businessmen seeking to lock up lucrative media rights or influence hosting rights for the World Cup and other major tournaments controlled by FIFA.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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