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Indian court charges Uber driver with rape, kidnapping
Court Line News |
2015/01/13 12:33
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A New Delhi court charged an Uber cab driver on Tuesday with rape, kidnapping and criminal intimidation in a case that has renewed a national fury over chronic sexual violence in India. Authorities are still investigating whether Uber should also be charged.
Judge Kaveri Baweja ordered the case to begin Thursday in a special fast-track court set up in 2013 to bypass India's lumbering judicial system.
The 32-year-old suspect, Shiv Kumar Yadav, entered a plea of innocence. He has been in custody since a 25-year-old woman filed a police complaint alleging he assaulted her after she hired him for a ride home on Dec. 5.
Authorities, meanwhile, were still investigating the possibility of criminal charges against the company for allegedly misrepresenting the safety of its service, police official Brijendra Kumar Yadav said.
"That is a separate case, and will take some time," he said, without giving details.
The case has appalled many in India, occurring almost exactly two years after a young woman was fatally gang raped on a bus in the capital. It has sparked new demands for better protections for women.
It also dealt a blow to Uber, which has attracted global praise and controversy with a service that lets passengers summon cars through an app in more than 250 cities around the world. |
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Hernandez fiancee due in court for perjury charge
Headline Legal News |
2015/01/08 14:18
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Aaron Hernandez’s fiancee is due back in court Wednesday, one day after a judge made an important ruling about her presence during his murder trials. Shayanna Jenkins is charged with perjury related to the murder investigation of Hernandez.
The hearing is set for two petitions by prosecutors to grant immunity to Jenkins and one other witness.
On Tuesday, the judge ruled that five people on the witness list, that included Jenkins, Hernandez’s mother and Odin Lloyd’s mother, would be allowed to sit through the trial. That, even though Jenkins is a potential witness.
Jenkins’ lawyer, Janice Bassil, did not return an email sent Monday seeking more information about the hearing. Jenkins and Hernandez have a child together.
The judge indicated there may be another hearing Thursday before jury selection begins.
Jury selection is set to begin Friday for Hernandez, who has pleaded not guilty to killing Lloyd, a semiprofessional football player. Hernandez was a tight end for the Patriots with a $40 million contract when prosecutors say he killed Lloyd in an industrial park near his North Attleboro home in June 2013. Lloyd, 27, was dating the sister of Jenkins.
The trial is expected to last six to 10 weeks, and dozens of witnesses could be called, including Patriots coach Bill Belichick and team owner Robert Kraft.
Hernandez also has pleaded not guilty in the fatal shootings of two men in 2012 after an encounter at a Boston nightclub. That case has not yet gone to trial.
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Nebraska court could hold up Keystone pipeline
Legal News |
2015/01/08 14:17
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The Republican-led Congress appears ready to approve the Keystone XL oil pipeline, but no matter what actions are taken in Washington, the entire 1,179-mile project could be delayed until Nebraska signs off on the route.
After several years of intense debate, the routing process is before the Nebraska Supreme Court, and depending on how the justices rule, months or years could pass before construction begins in that state.
Even if approval comes from Washington and the high court, opponents are looking for new ways to block the project, including filing a federal lawsuit on behalf of Native American tribes in Nebraska and South Dakota over the possible disruption of Indian artifacts.
The court is considering whether an obscure agency known as the Nebraska Public Service Commission must review the pipeline before it can cross the state, one of six on the pipeline's route. Gov. Dave Heineman gave the green light in 2013 without the involvement of the panel, which normally regulates telephones, taxis and grain bins.
The justices have given no indication when they will render a decision.
President Barack Obama has said he is waiting for the court's decision, and the White House on Tuesday threatened to veto the bill in what was expected to be the first of many confrontations with the new Congress over energy and environmental policy. |
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Idaho gay marriage fight appealed to Supreme Court
Headline Legal News |
2015/01/05 15:26
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Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage. |
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Argentine court says US fugitive can be extradited
Legal News |
2015/01/05 15:26
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Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned. |
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Woman at center of 1961 Supreme Court case dies
Attorney News |
2014/12/11 11:39
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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