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Bollywood filmmaker challenges censoring of drug-abuse film
Lawyer Blogs | 2016/06/09 12:46
A Bollywood film producer took his row with India's censor board to a court Wednesday, challenging dozens of cuts and changes to a film that depicts the menace of drug abuse in the northern state of Punjab.

Censor Board chief Pahlaj Nihalini said in a newspaper interview that the movie wrongly depicts 70 percent of people of the state consuming drugs and defaming them. He told reporters that the censor board has approved the movie for screening in theaters with the cuts ordered.

He accused producer Anurag Kashyap of whipping up a controversy to create interest in his film. Compared to Hollywood, movie norms in India are extremely strict. Censorship authorities often order filmmakers ? both Indian and foreign ? to chop scenes deemed offensive. Films with graphic content can be barred completely.

Last year, India's censor authorities ordered that kissing scenes in the James Bond movie, "Spectre," be shortened before it was released in the country.

Kashyap asked the Mumbai High Court to overrule the cuts ordered by the censor board. The court is expected to take up the petition later Wednesday. It could reject the matter or order reconsideration.

Kashyap said the censor board chief Nihalini demanded 89 cuts to the film and even asked him to drop the name of the state from the title, "Udta Punjab," or "Flying Punjab."

Bollywood producers and directors rallied behind Kashyap in his fight with the censor board. "The job of the censor board is to certify films and not suggest cuts."


Texas man executed for killing city code enforcement worker
Lawyer Blogs | 2016/03/22 09:32
A Texas man on death row for killing a worker who was on his property looking for city code violations was put to death Tuesday.

Adam Ward was given a lethal injection for shooting and killing Michael Walker, a code enforcement officer who was taking photos of junk piled outside the Ward family home in Commerce, about 65 miles northeast of Dallas.

Ward insisted the 2005 shooting was in self-defense, but the 44-year-old Walker only had a camera and a cellphone.

Ward's attorneys, both at his trial and later for his appeals, described him as delusional and mentally ill. Hours before his execution, the U.S. Supreme Court rejected an appeal that argued his mental illness should have disqualified him from the death penalty.

The 33-year-old Ward thanked his supporters, expressed love for his parents who did not attend the execution and said he hoped "some positive change can come from this."

But he insisted the shooting was not a capital murder case.

"This is wrong what's happening," he said. "A lot of injustice is happening in all this. I'm sorry things didn't work out. May God forgive us all."

He was given a lethal dose of pentobarbital and as it took effect, he took a deep breath followed by a smaller one. He then stopped moving.

He was pronounced dead at 6:34 p.m. CDT — 12 minutes after the drug started to flow into him.

Ward became the ninth convicted killer executed this year nationally and the fifth in Texas, which carries out capital punishment more than any other state.

In their appeal to the Supreme Court, Ward's attorneys argued the high court's ban on executing mentally impaired prisoners should be extended to include inmates like Ward who have a severe mental illness and that putting him to death would be unconstitutional because of evolving sentiment against executing the mentally ill.

The justices have ruled mentally impaired people, generally those with an IQ below 70, may not be executed. However, the court has said mentally ill prisoners may be executed if they understand they are about to be put to death and why they face the punishment.



Mississippi court upholds Democratic primary ballot change
Lawyer Blogs | 2016/02/25 11:03
The Mississippi Supreme Court upheld its ruling Friday that another candidate must be added to the March 8 Democratic presidential primary ballot.

The court, in a 6-3 ruling, said Secretary of State Delbert Hosemann doesn’t have to reissue already-sent absentee ballots to include Chicago businessman Willie Wilson’s name.

The ruling rejected Hosemann’s request that the court overturn its Thursday ruling, or at least allow him to resend absentee ballots including Wilson to roughly 200 military and other voters outside the country, so they would get the same ballot as voters at the polls. Absentee voting started Jan. 23 for those voters.

Hosemann said about 7,000 absentee ballots have also been sent to people in Mississippi.

“I am diametrically opposed to having different ballots,” Hosemann said.

Most counties vote electronically, but some use paper ballots that must be reprinted, and Hosemann’s office told the court changes would cost hundreds of thousands of dollars.

More than 7,000 voting machines have already been tested with a previously set ballot that lists five candidates in the Democratic presidential primary: Hillary Clinton, Roque “Rocky” De La Fuente, Martin O’Malley and Bernie Sanders. The ballot was prepared before O’Malley dropped out.

Mississippi law says the secretary of state puts nationally recognized presidential candidates on the Democratic and Republican primary ballots. Other presidential candidates can get on the ballot by submitting a petition with at least 500 signatures.



Court rejects AG Kane's request to reinstate law license
Lawyer Blogs | 2016/02/07 14:12
Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.

The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.

A Kane spokesman said the first-term Democrat was disappointed, but not surprised.

A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.

"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."

In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.

In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.

Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.



Supreme Court troubled by DA's rejection of black jurors
Lawyer Blogs | 2015/11/03 09:32
The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
 
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.

At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.

Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.

Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.

Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.

Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing.



Britain's High Court rules that Uber app is lawful
Lawyer Blogs | 2015/10/18 00:27
Britain's High Court has ruled that the Uber app to hail minicabs is lawful ? a blow to London's famous black cab drivers, who argued that it violated city regulations.

The court's decision Friday came after Transport for London sought clarification as to whether the San Francisco-based company's app worked in the same way as meters used by the strictly regulated black cabs.

The Licensed Taxi Drivers' Association argued the app ? which records a car's location and travel time and feeds it back to servers in California ? worked like a meter.

But Justice Duncan Ouseley disagreed, ruling that the app relies on GPS signals and did not operate in the same way.

Uber has come under fire in several European countries, including France, Italy and Spain.



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