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Puerto Ricans get their 3rd governor in 6 days
Legal Marketing News | 2019/08/04 09:16
Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.

Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.

“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”

The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.

But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.

“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement.


Supreme Court rebuffs Alabama officer charged with murder
Headline Legal News | 2019/08/04 09:15
The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.

The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.

Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.

The decision means the case against Darby can continue in Madison County.

Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.

An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.

During a hearing on Darby’s claim of immunity, Darby testified he fired his weapon after Parker refused his commands to lower a gun from his own head. The defense argued Darby’s actions were to protect a fellow officer, Genisha Pegues, who was talking to Parker.

He dismissed the accusations as an "absurd" attempt by his ex-protege, current President Sooronbai Jeenbekov, to silence a critical voice. Shortly before his arrest, Atambayev urged his supporters to push for Jeenbekov's ouster.

Atambayev's supporters foiled the first attempt by police to arrest him Wednesday, but police managed to overcome their resistance the following day with water cannons, stun grenades and tear gas.

Police also dispersed over 1,000 Atambayev supporters who rallied in the capital late Thursday and attempted to break into the parliament building, arresting about 40 people.


Democratic governor getting to shape Kansas' top court
Legal Marketing News | 2019/07/28 21:07
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.

Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.

His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.

Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.


Cyprus police frees 5 Israelis, 7 held in hotel rape probe
Court Line News | 2019/07/25 09:59
A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.

The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.

Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.

Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.

Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.

The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.

The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.

Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.

Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.

Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.

The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.

Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.


Louisiana judge orders man's mouth taped for interruptions
Legal Marketing News | 2019/07/23 10:02
Court logs show a Louisiana district court judge ordered a man's mouth be taped shut for repeatedly interrupting proceedings.

The Acadiana Advocate reports Michael C. Duhon was being sentenced July 18 for theft and money laundering.

Court minutes show Duhon objected when Judge Marilyn Castle asked him to stop submitting motions on his own behalf instead of through his attorney. After repeatedly requesting for Duhon to be quiet, Castle ordered the bailiff to tape Duhon's mouth shut.

The tape was removed after an objection from Duhon's public defense attorney, Aaron Adams, who requested the judge remove his client from the courtroom instead.

Castle sentenced Duhon to 11 years in prison and recommended he be transferred to a facility with mental health treatment options.

Another public defender in the courtroom faces contempt charges for recording the incident.


Meek Mill’s conviction thrown out, granted new trial
Court Line News | 2019/07/17 10:04
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.

The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.

City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.

The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.

“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”

Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.

Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.


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