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Thai military court adds to singer's jail term for insults
Headline Legal News | 2016/07/08 13:34
A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.

The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.



Court orders release of Chicago police disciplinary records
Legal News | 2016/07/07 13:34
An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.



Obama rebukes Poland over paralysis of constitutional court
Court Line News | 2016/07/06 13:34
U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.

Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.

"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."

Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.

Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.



Senate confirms district court judge for New Jersey
Headline Legal News | 2016/07/05 13:34
The Senate has confirmed President Barack Obama's nominee for the U.S. District Court for the district of New Jersey.

The vote was 92-5 on Wednesday for Brian Martinotti, who has served as a judge on the Superior Court of New Jersey since 2002. Obama nominated him to the district court post in June 2015.

Martinotti worked from 1987 to 2002 at the law firm of Beattie Padovano LLC, where he was elevated to partner in 1994. While at the firm, Martinotti also served as a councilmember for the borough of Cliffside Park from 1991 to 2002.

He was a law clerk to Judge Roger M. Kahn of the New Jersey Tax Court from 1986 to 1987.


Court rules against White House science office in email case
Court Line News | 2016/07/02 13:35
A federal appeals court ruled Tuesday that work-related emails from a private account used by the White House's top science adviser are subject to disclosure under federal open records laws.

The ruling from the three-judge panel is a win for government watchdog groups and media organizations concerned that public officials may be skirting public disclosure requirements by relying on private email.

The court sided with a conservative think tank that had filed a lawsuit seeking emails from John Holdren, director of the White House Office of Science and Technology Policy. The decision overturns a lower court judge that said Holdren's office did not have to comply with the Freedom of Information Act request from the Competitive Enterprise Institute.


Spain court orders Operation Puerto blood bags released
Legal News | 2016/06/14 12:45
A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.

The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.

The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.

The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.

The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."

Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.

The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.



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