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NC court blocks law stripping governor of election powers
Court Line |
2017/02/14 08:09
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North Carolina's Supreme Court on Monday again blocked a state law approved by Republicans that strips the new Democratic governor of powers to oversee elections.
A lower appeals court briefly let the law to take effect last week, allowing a revamped state elections board to meet for the first time Friday. It's one of the changes passed in late December that shift power over running elections away from Gov. Roy Cooper.
"We are pleased the Supreme Court has put the injunction back in place until the judges can hear and decide the full case" early next month, Cooper spokeswoman Noelle Talley wrote in an email.
The law ends the practice of allowing the governor's political party to hold majorities on all state and county elections boards. Instead of Democrats holding sway over running elections and resolving voting disputes, elections board positions would be evenly divided between major-party partisans.
Republicans would control elections during even-numbered years, when big races for president, legislature or other major statewide offices are held. The measure also merges the state ethics and elections boards into one.
Lawyers representing state House Speaker Tim Moore, R-Cleveland, and Senate leader Phil Berger, R-Rockingham, did not respond to emails seeking comment after the Supreme Court's decision.
Cooper, Moore and Berger are also fighting in court over another new law aiming to restrict the Democrat's ability to alter the state's recent conservative direction.
A panel of three state trial court judges is considering whether to continue blocking a law requiring Senate confirmation of Cooper's Cabinet secretaries.
The law requiring Senate consent to Cooper's top appointees came during a surprise special session barely a week after Republican incumbent Pat McCrory conceded to Cooper in their close gubernatorial race.
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Court upholds guilty verdict for Russian opposition leader
Court Line |
2017/02/09 16:10
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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.
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Driver due in court in Cleveland officer's hit-and-run death
Court Line |
2017/01/28 00:23
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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.
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Supreme Court to hear case about party in vacant DC house
Court Line |
2017/01/22 07:53
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The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.
The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.
Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.
Several of the partygoers said someone named "Peaches" gave them permission to have the party.
But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.
The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.
The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.
A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.
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Court ponders mass murderer Breivik's prison conditions
Court Line |
2017/01/21 07:53
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An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.
If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February. |
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