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Supreme Court rejects North Carolina appeal on election law
Court News | 2015/04/07 13:48
The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.

The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.

But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.

A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.

North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote.


Afghan Court Sentences AP Journalist’s Killer to 20 Years
Headline Legal News | 2015/03/31 14:33
Afghanistan’s highest court has ruled that the police officer convicted of murdering Associated Press photographer Anja Niedringhaus and wounding AP correspondent Kathy Gannon almost one year ago should serve 20 years in prison, according to documents sent to the country’s attorney general on Saturday.

The final sentence for former Afghan police unit commander Naqibullah was reduced from the death penalty recommended by a primary court last year. Twenty years in prison is the maximum jail sentence in Afghanistan, said Zahid Safi, a lawyer for the Associated Press who had been briefed on the decision by the Supreme Court. The Supreme Court ruling upholds an intermediate court’s decision, which was opposed by the Military Attorney General’s office.

Naqibullah, who uses only one name, opened fire on Ms. Niedringhaus and Ms. Gannon without warning on April 4 as the two were covering the first round of the country’s presidential election outside the city of Khost in southeastern Afghanistan.

An award-winning German photographer, Ms. Niedringhaus was renowned for her humane depictions of ordinary life as well as for her coverage of conflict zones from the Balkans to Iraq, Libya and Afghanistan. She died instantly of her wounds at the age of 48. Ms. Gannon, a senior correspondent for Afghanistan and Pakistan with decades of experience in the region, was hit with six bullets that ripped through her left arm, right hand and left shoulder, shattering her shoulder blade. She is recovering from her injuries while undergoing physical therapy in her native Canada.

According to witnesses and court testimony, Ms. Gannon and Ms. Niedringhaus were seated in the back seat of a car parked in a crowd of police and election officials at a police station when Naqibullah walked up to the vehicle, shouted “Allahu Akbar,” and fired on them with a Kalashnikov assault rifle. He surrendered immediately. Witness and official accounts suggested the shooting was not planned.


Court rejects Duncan's death sentence appeal
Headline Legal News | 2015/03/31 14:32
A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.

Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.

Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.

On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind.


Battle flag at center of Supreme Court free speech case
Attorney News | 2015/03/23 10:47
Texas commemorates the Confederacy in many ways, from an annual celebration of Confederate Heroes Day each January to monuments on the grounds of the state Capitol in Austin. Among the memorials is one that has stood for more than a century, bearing an image of the Confederate battle flag etched in marble.

But you're out of luck if you want to put that flag on your license plate. Texas says that would be offensive.

Now the Supreme Court will decide whether the state can refuse to issue a license plate featuring the battle flag without violating the free-speech rights of Texans who want one. The justices hear arguments Monday in a challenge brought by the Texas division of the Sons of Confederate Veterans.

The group sued over the state's decision not to authorize its proposed license plate with its logo bearing the battle flag, similar to plates issued by eight other states that were members of the Confederacy and Maryland.

The First Amendment dispute has brought together some unlikely allies, including the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, civil libertarian Nat Hentoff and conservative satirist P.J. O'Rourke.


Top German court seeks more evidence in far-right ban bid
Headline Legal News | 2015/03/23 10:47
Germany's highest court is asking authorities to provide more evidence that they no longer have paid informants inside the country's main far-right party, signaling a potential hitch in a move to ban the group.

Parliament's upper house, which represents Germany's 16 states, in 2013 applied for a ban of the National Democratic Party. It alleges that the party promotes a racist, xenophobic and anti-Semitic agenda in violation of Germany's constitution.

In 2003, the Federal Constitutional Court rejected a previous attempt to ban the party because paid government informants within the group were partially responsible for evidence against it.

State governments say this application contains no information from informants. However, in a decision published Monday, the court demanded more evidence to back their assertion that they stopped using informants.


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