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California court expands endangered-species removal powers
Headline Legal News |
2017/03/01 10:43
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The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.
In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.
The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.
The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.
Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.
"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case. |
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Court appeals temporarily delay Texas execution
Headline Legal News |
2017/01/26 18:11
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Texas prison officials temporarily delayed the scheduled Thursday night execution of a man convicted of a fatal robbery at a Dallas-area sandwich shop while the U.S. Supreme Court considered multiple appeals to keep him from lethal injection.
Terry Edwards remained in a small cell near the Texas death chamber. A Texas Department of Criminal Justice spokesman, Jason Clark, described him as apprehensive.
The court order setting his punishment gave prison officials a six-hour window to carry out the execution. The order expires at midnight and Texas would not move forward with the punishment if the appeals were not resolved by then.
Evidence showed Edwards worked at the restaurant but was fired a few weeks earlier for stealing from the cash register. An employee and the store manager were killed in the $3,000 holdup in Balch Springs, about 15 miles southeast of downtown Dallas.
Edwards, 43, would be the second prisoner executed this year in Texas, the third nationally. |
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Gambia's leader says only court can declare who's president
Headline Legal News |
2017/01/11 16:40
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Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.
On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.
The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.
The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.
"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.
The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.
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Man who escaped from Rhode Island prison to appear in court
Headline Legal News |
2017/01/03 16:42
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A man who escaped from a Rhode Island prison and was on the run for five days before being captured in Massachusetts is scheduled to make an initial appearance before a federal magistrate judge.
James Morales escaped from the Wyatt Detention Facility in Central Falls last Saturday and was captured Thursday in Somerville. Authorities believe he may have tried to rob two banks before he was caught.
Morales is scheduled to appear in U.S. District Court in Providence on an escape charge.
Authorities say Morales escaped New Year's Eve by climbing a basketball hoop, cutting through a fence and climbing th brough razor wire. It took hours for correctional officers to notice.
The 35-year-old former Army reservist was being held on charges he stole 16 guns from a U.S. Army Reserve Center in Worcester. |
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Massachusetts teen due in court in texting suicide case
Headline Legal News |
2016/12/20 14:26
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A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.
Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.
Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.
Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.
Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday.
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Court to unseal Clinton email search warrant
Headline Legal News |
2016/12/20 14:24
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A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.
The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.
A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.
Federal agents have been probing his online contact with a teenage girl.
The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.
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