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Court allows public nuisance suits against 3 Alabama casinos
Stock Market News | 2020/09/26 08:36
Courts in two rural counties were wrong when they dismissed lawsuits filed by the state seeking to have three casinos declared public nuisances, the Alabama Supreme Court ruled Friday.

The decision meant the state can resume cases challenging operations at VictoryLand in Macon County as well as White Hall Entertainment and Southern Star Entertainment in Lowndes County.

Neither the state attorney general’s office nor an attorney on the side of a company involved with the casinos immediately replied to messages seeking comment.

The state, which has repeatedly attempted to shut down gambling halls with electronic games resembling slot machines, filed separate lawsuits in 2017 asking courts to declare that the casinos, located east and west of Montgomery, were public nuisances because they promoted illegal gambling.

The defendants asked courts to dismiss the lawsuits, arguing that state courts did not have the power to hear the cases and claiming the attempted shutdowns were wrong since the state did not include Wind Creek casinos operated by the Poarch Band of Creek Indians in the case.

A county judge sided with the casino operators and dismissed the Macon County lawsuit last year, and the justices considered both cases for purposes of appeal since they involved issues that were virtually identical.

In a 74-page opinion written by Associate Justice Kelli Wise, the court ruled the Poarch Band of Creek Indians, based in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.

in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.

While the county judges both determined they lacked the legal power to consider the cases, helping lead to the dismissals, the state argued the courts can consider the suits. The justices agreed and sent the cases back to circuit court.



Colombia court calls on Uribe to testify in massacre probe
Stock Market News | 2020/08/25 18:02
Colombia’s Supreme Court is calling on powerful former President Alvaro Uribe to testify in an investigation into three massacres that could once and for all establish whether he had any ties to violent paramilitary groups.

The new legal quandary for Uribe is potentially more damaging than a separate Supreme Court probe into possible witness tampering that sparked protests earlier this month after magistrates placed the ex-president on house arrest.

Details of the massacre inquiry are contained in a 71-page court document obtained by The Associated Press on Sunday and also published in local media in which magistrates examine whether Uribe had any connection to three mass killings in the Antioquia department as well as the death of a human rights activist during his time as governor.

Both cases strike at long-standing ? but never legally proven ? accusations that Uribe had a direct role in paramilitary groups, which were formed by landowners during Colombia’s long civil conflict to fight violent Marxist guerrillas.

Though the Supreme Court is still in an investigative stage, the inquiries have split open tensions in Colombia over the peace process that led to an accord with the country’s biggest rebel movement. Uribe has vehemently denied the accusations and his lawyer is calling into question the timing of the new court request. Human rights activists, meanwhile, have praised the court for advancing the probes in a country where the powerful routinely escape accountability.


Court halts police subpoena for media’s protest images
Stock Market News | 2020/08/21 18:03
Less than 24 hours before a court order would have required five Seattle media companies to turn over unpublished protest photos and videos to police, the state Supreme Court has granted them a temporary respite.

A Washington state Supreme Court commissioner on Thursday postponed a King County judge’s order that would have required The Seattle Times and local television stations KIRO, KING, KOMO and KCPQ, to comply with a Seattle police subpoena by handing over photos and video taken during racial injustice protests.

Instead, Commissioner Michael E. Johnston agreed with the news companies’ motion for an emergency stay while the high court considers the media groups’ appeal of King County Superior Court Judge Nelson Lee’s July 31 order, The Seattle Times reported.

“On balance, I am not persuaded that the potential harm to SPD (Seattle Police Department) outweighs the potential harm to the news media,” Johnston wrote in his ruling.

Lee had given the news companies until Aug. 21 to produce to his court their unpublished images from a 90-minute period when protests turned chaotic in downtown Seattle on May 30.

Last month, the Seattle Police Department contended it was at a standstill in its investigation of arson and thefts that day, leading detectives to seek and obtain a subpoena for the images. Investigators say the images could help identify people who torched five Seattle Police Department vehicles and stole two police guns from police vehicles during the mayhem.

The news groups countered that Washington’s so-called “shield law” protected the images from disclosure. As in most states, journalists in Washington are shielded from law enforcement subpoenas except under limited circumstances. The laws are an extension of the First Amendment, meant to guard against government interference in news gathering.

Lee, a former King County prosecutor, ruled that the rare public safety concerns of the case overrode the shield law’s protections, subjecting the news photos and video to the subpoena. Under his order, Lee or a special master of his choosing would have screened the media images privately to decide whether any should be turned over to police.

The ruling drew criticism from First Amendment groups, the American Civil Liberties Union, press organizations and members of the Seattle City Council, who asked City Attorney Pete Holmes to drop the subpoena. Seattle police officials, however, have defended the subpoena as necessary to solve the investigation and retrieve the weapons, which remain missing.

On Aug. 11, the news groups appealed directly to the Supreme Court, asking the panel to halt enforcement of the subpoena until the court resolved the news groups’ contentions that Lee erred in his ruling.

“The equities favor the news media, though I am deeply mindful of the public safety concerns attendant to stolen police firearms and intentional destruction of law enforcement vehicles and other property,” Johnston wrote.

The Supreme Court will decide at “the earliest opportunity as to whether to retain the (media companies’) appeal or refer it to the Court of Appeals,” Johnston’s ruling stated.


Court overturns Boston Marathon bomber’s death sentence
Stock Market News | 2020/08/01 10:45
A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.

“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” Judge O. Rogeriee Thompson wrote in the ruling, more than six months after arguments were heard in the case.

An attorney for Tsarnaev said they are grateful for the court’s “straightforward and fair decision: if the government wishes to put someone to death, it must make its case to a fairly selected jury that is provided all relevant information.”

“It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release,” David Patton said in an email.

A spokesperson for the U.S. Attorney’s office in Boston said they were reviewing the opinion and had no immediate comment. Prosecutors could ask the full appeals court to hear the case or go straight to the U.S. Supreme Court.

The mother of Krystle Campbell, the 29-year-old killed in the attack, expressed outrage at the court’s decision.

“I just don’t understand it,” Patricia Campbell told  The Boston Globe. “It’s just terrible that he’s allowed to live his life. It’s unfair. He didn’t wake up one morning and decide to do what he did. He planned it out. He did a vicious, ugly thing.”

Former Massachusetts Bay Transportation Authority officer Dic Donohue, who was severely injured in a gunfight with the brothers, said the ruling was not surprising to him.

“And in any case, he won’t be getting out and hasn’t been able to harm anyone since he was captured,” he tweeted.

Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.


New Mexico high court rules on privacy for banking records
Stock Market News | 2020/06/20 10:08
Prosecutors can obtain a person’s banking records using a warrantless grand jury subpoena without violating the individual’s right to privacy under New Mexico’s Constitution, the state Supreme Court has ruled.

In a unanimous decision Thursday, the justices concluded that a district court properly allowed the use of five years of personal financial records as evidence in a pending criminal case against a Taos couple facing charges of tax evasion and other finance-related offenses.

The high court rejected the married couple’s argument that the state’s Constitution provided greater privacy protections for their financial records than offered under the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches and seizures. The couple contended that a court-authorized warrant should have been required to obtain bank records.

The justices adhered to a decadesold legal doctrine established by the U.S. Supreme Court that people have no constitutionally protected privacy interest in the financial account records they voluntarily share with third parties.


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