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Court upholds guilty verdict for Russian opposition leader
Court News | 2017/02/07 23:46
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.


Dylann Roof's mental state revealed in court records
Court News | 2017/02/05 23:46
Documents unsealed in federal court reveal new details about the mental health of convicted Charleston church shooter Dylann Roof, including a psychiatrist's finding that his disorders make it hard for him to focus, interact with others or express emotion.

Quoting from a psychiatrist's testimony during one of those hearings, his lawyers wrote "the defendant suffers from 'Social Anxiety Disorder, a Mixed Substance Abuse Disorder, a Schizoid Personality Disorder, depression by history, and a possible Autistic Spectrum Disorder.'"

Some of the other trademarks of those disorders, according to the filings, are anxiety about unknown outcomes, a tendency to become overwhelmed and trouble retaining information. Roof's "high IQ," his attorneys wrote, is "compromised by a significant discrepancy between his ability to comprehend and to process information and a poor working memory."

Because of this, his attorneys asked that the judge allow for frequent courtroom breaks, longer times for lunch recess and perhaps even a day or two off from court per week. The motion also noted that U.S. District Judge Richard Gergel had "denied a defense request for an independent competency evaluation focused on autism."

The judge ultimately denied the motion, taking breaks at regular intervals and holding court for about eight hours a day. The information on Roof's diagnoses emerges from the hundreds of pages of court documents originally filed under seal and opened this week by Gergel.



Driver due in court in Cleveland officer's hit-and-run death
Court News | 2017/01/26 13:31
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.



Ethics measure backers ask high court to let them join case
Court News | 2017/01/21 15:43
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.



Indiana Supreme Court reprimands Floyd County prosecutor
Court News | 2017/01/13 15:41
The Indiana Supreme Court has publicly reprimanded Floyd County Prosecutor Keith Henderson for a conflict of interest in a triple-murder case but declined to suspend him as its disciplinary commission suggested.

The court ruled Friday that Henderson violated rules of professional conduct by simultaneously representing the state in the prosecution of David Camm and pursuing a book deal in the case in which the former Indiana state trooper was accused of killing his wife, Kimberly, and their two children in the fall of 2000. After his first two convictions were reversed on appeal, Camm was acquitted in a third trial in fall 2013.

"The violation is serious and adversely affected the administration of justice in this case," the court wrote. "However, noting (Henderson's) misconduct occurred in connection with a single, unusual case and is an aberration from what otherwise has been a long and distinguished career as a public servant, we conclude a suspension is not warranted in this case."

The Indiana Supreme Court Disciplinary Commission formally asked for Henderson to be suspended in October.

After Camm's defense team learned of Henderson's plans to write a book, they asked that he be removed from the case, court records show. The request was denied initially but later granted on appeal by the Supreme Court.

The disciplinary commission, which investigates claims of misconduct against licensed attorneys including prosecutors, filed a complaint against Henderson in March 2016 alleging he violated rules of conduct when he signed an agreement with a literary agency to produce a book about the Camm trials.


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