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Idaho high court upholds law banning horse racing terminals
Court Line News | 2015/09/11 18:04
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.


Bangladesh court bans Rana Plaza movie because of terrifying scenes
Court Line News | 2015/09/02 14:06
Bangladesh’s high court has imposed a six-month ban on a film about a garment worker who was rescued from the rubble 17 days after a five-storey factory complex collapsed, killing more than 1,000 people.

The director, Nazrul Islam Khan, had argued that the real-life story of Reshma Begum depicted courage amid the tragedy.

The disaster on 24 April 2013 left 1,135 people dead. Thousands more were rescued from the ruins of the illegally built complex which housed five factories supplying garments to international companies.
Rescue workers had given up hope of finding anyone else alive in the rubble of the Rana Plaza. Then they heard a faint tapping.

When the collapse started, Begum said she raced down a stairwell into the basement, where she became trapped in a pocket of space that allowed her to survive. She found some dried food and bottles of water to sustain her until she was rescued. She now works in a hotel.

The collapse triggered an outcry at home and abroad. There have been efforts to reform Bangladesh’s garment industry to improve safety and working conditions.

Investigators say several factors contributed to the building’s collapse: it was overloaded with machines and generators, constructed on swampy land, and the owner added floors in violation of the original building plan.





Court fines Washington state over education funding
Court Line News | 2015/08/14 08:58
Washington officials are considering a special legislative session after the state Supreme Court issued daily fines a of $100,000 until lawmakers comply with a court order to improve the way the state pays for its basic education system.
 
Thursday's order, signed by all nine justices of the high court, ordered that the fine start immediately, and be put into a dedicated education account.

The court encouraged Gov. Jay Inslee to call a special session, saying that if the Legislature complies with the court's previous rulings for the state to deliver a plan to fully fund education, the penalties accrued during a special session would be refunded.

Inslee and legislative leaders are set to meet Monday in Seattle discuss what next steps the state should take.

"There is much that needs to be done before a special session can be called," Inslee said in a statement. "I will ask lawmakers to do that work as quickly as humanly possible so that they can step up to our constitutional and moral obligations to our children and lift the court sanctions."

The ruling was the latest development in a long-running impasse between lawmakers and justices, who in 2012 ruled that the state is failing to meet its constitutional duty to pay for the cost of basic education for its 1 million schoolchildren.

Thomas Ahearne, an attorney for the plaintiffs, said that the court's action "is long overdue."

"The state has known for many, many years that it's violating the constitutional rights of our public school kids," Ahearne said. "And the state has been told by the court in rulings in this case to fix it, and the state has just been dillydallying along."

The lawsuit against the state was brought by a coalition of school districts, parents, teachers and education groups — known as the McCleary case for the family named in the suit.

In its original ruling, and repeated in later follow-up rulings, the justices have told the Legislature to find a way to pay for the reforms and programs they had already adopted, including all-day kindergarten, smaller class sizes, student transportation and classroom supplies, and to fix the state's overreliance on local tax levies to pay for education. Relying heavily on local tax levies leads to big disparities in funding between school districts, experts say.


Appeals court won't reconsider ex-Virginia governor's case
Court Line News | 2015/08/11 23:35
A federal appeals court on Tuesday declined to review the case of former Virginia Gov. Bob McDonnell, letting his convictions on public corruption charges stand.

A three-judge panel of the 4th U.S. Circuit Court of Appeals had unanimously upheld McDonnell's convictions in July. In its brief order on Tuesday, the full 15-member court said it won't reconsider that panel's ruling.

Eight judges voted against rehearing McDonnell's case, and seven others "deeming themselves disqualified, did not participate," the order said.

A jury in September found McDonnell and his wife, Maureen, guilty of doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $165,000 in gifts and loans.

The former Republican governor, once widely considered a possible running mate for presidential candidate Mitt Romney, was convicted of 11 counts and was sentenced to two years in prison. His wife was sentenced to one year and one day on eight counts. Both have been free while they pursue separate appeals.

It's unclear whether Bob McDonnell will now be required to report to prison. He can still appeal his convictions to the U.S. Supreme Court.


Inmate challenge to death sentence goes back to trial court
Court Line News | 2015/08/08 00:18
A state death row inmate is going back to a north Mississippi courtroom to again fight for a new trial.

The Mississippi Supreme Court has ordered a Lowndes County judge to determine if the results of post-conviction DNA testing raise enough questions to justify a new trial for Eddie Lee Howard Jr. Howard, now 61, who was convicted and sentenced to death in the slaying of 84-year-old Georgia Kemp of Columbus. Evidence against him included bite marks on her body.

The Supreme Court, in the order signed Thursday by Chief Justice Bill Waller Jr., makes no specific mention of Howard's challenge to the bite mark evidence that the inmate argues is now widely discredited in legal circles.

Waller's order directs the trial court to hold a hearing to determine if Howard's arguments of newly discovered evidence including the results of DNA testing could "probably produce a different result or induce a different verdict if a new trial is granted."

The court's order does not disclose what the DNA testing revealed. Howard's attorneys argue in briefs that DNA results do not connect Howard to the crime.

Howard was convicted of raping and fatally stabbing Kemp in 1992. He was sentenced to death.



Zimbabweans linked to illegal lion hunt appear in court
Court Line News | 2015/07/27 13:04
Two Zimbabweans arrested for illegally hunting a protected lion named Cecil were in court on Wednesday as anger at the kill by an American dentist escalated.

"If, as has been reported, this dentist and his guides lured Cecil out of the park with food so as to shoot him on private property ... he needs to be extradited, charged, and, preferably, hanged," People for the Ethical Treatment of Animals said in a statement Wednesday. The statement, emailed to The Associated Press, came from Ingrid Newkirk, president of the animal rights organization.

Social media on the internet — for example on Twitter under #cecilthelion — were also filled with condemnation of the killing of the black-maned lion just outside Hwange National Park in Zimbabwe.

The Zimbabwean men — a professional hunter and a farm owner — are accused of helping Walter James Palmer hunt the lion. Zimbabwean police said they are looking for Palmer, who reportedly paid $50,000 to track and kill the animal.

During a nighttime hunt, the men tied a dead animal to their car to lure the lion out of a national park, said Johnny Rodrigues, chairman of the Zimbabwe Conservation Task Force. The American is believed to have shot it with a crossbow, injuring the animal. The wounded lion was found 40 hours later, and Palmer shot it dead with a gun, Rodrigues said.

Palmer, a dentist living in the Minneapolis suburb of Eden Prairie, said in a statement that he was unaware the lion was protected, relying on local guides to ensure a legal hunt.



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