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Polish court convicts chemist of planning parliament attack
Legal News | 2016/01/14 14:10
A court in southern Poland has handed a 13-year prison term to a chemist found guilty of having plotted a bomb attack on parliament and other buildings in 2012.

The man, identified as Brunon Kwiecien, a university teacher in Krakow, was arrested in 2012 in a much publicized case that the prosecutors said was a successful foiling of a "terrorist" attack. The case involved undercover security officers pretending interest in Kwiecien's scheme.

On Monday a court in Krakow found Kwiecien guilty of preparing an attack on parliament, of trying to induce two students to carry out an attack and of illegal weapons possession.



Japan court says requiring same surname in marriage is legal
Legal News | 2016/01/10 14:09
Japan's Supreme Court ruled Wednesday that requiring married couples to have the same surname is constitutional, dealing a blow to a longtime effort for gender equality in choosing names.

The law does not say which partner must give up his or her name in marriage. In practice it has almost always been the woman who took the husband's name. Some women say that is unfair and feel as though their identity is lost.

In traditional marriage, one person, usually the woman, enters the household of the partner and is registered as a member of that household. Men are seen as more powerful in Japanese traditional culture. But as women increasingly have careers, some argue that changing surnames is confusing.

Some Japanese women continue to use their maiden name professionally, even after their surnames are legally changed following marriage. Some couples simply don't register their marriages.



Japan court gives go-ahead for restart of 2 nuke reactors
Legal News | 2015/12/24 16:47
A Japanese court gave the go-ahead for the restart of two nuclear reactors Thursday after its operator said in an appeal they were safe.

The Fukui District Court in western Japan lifted an April injunction that was filed by a group of residents who said that a massive earthquake exceeding the facility's quake resistance could cause a disaster similar to the Fukushima crisis following the March 2011 quake and tsunami.

The order paves the way for a resumption of the Takahama No. 3 and No. 4 reactors, operated by the Kansai Electric Power Co.

The operator had already obtained approval of the safety regulators, and town and prefectural leaders expressed their support for a restart this month, just in time for the ruling. Two of Japan's 43 reactors are currently back online.

Thursday's decision minimizes the delay for the Takahama reactors, which had been set for restart late this year.

The utility plans to go ahead with loading fuel rods into the No. 3 reactor within days, and go through final safety checks before putting the reactor back online late January.

Takahama reactors could be a third and fourth to restart, while prospects for a fifth one, the Ikata reactor in Shikoku, southwestern Japan, are uncertain due to strong local opposition over evacuation plans in case of an emergency.

Prime Minister Shinzo Abe's pro-business government wants to restart as many reactors as possible. The government says nuclear energy should remain key for resource-poor Japan. Abe is also pushing to export Japan's nuclear technology and recently signed a nuclear agreement with India.



US court rejects Virginia death row inmate's appeal
Legal News | 2015/12/01 22:48
A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.

Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.

After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.


2 charged in pastor's wife killing say little in court
Legal News | 2015/11/28 22:49
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.



Texas man executed for setting fire that killed 3 children
Legal News | 2015/11/18 22:11
A Texas inmate was executed Wednesday for setting a fire that killed his 18-month-old daughter and her two young half-sisters at an East Texas home 15 years ago.

Raphael Holiday, 36, became the 13th convicted killer put to death this year in Texas, which carries out capital punishment more than any other state. It has accounted for half of all executions in the U.S. so far this year.

The lethal injection was carried out after the U.S. Supreme Court rejected an appeal seeking to halt Holiday's punishment so new attorneys could be appointed to pursue additional unspecified appeals in his case.

Earlier Wednesday, the judge in Holiday's trial court stopped the execution after Holiday's trial attorney filed an appeal saying the conviction and some trial testimony were both improper. The judge agreed the issues should be reviewed and withdrew his execution warrant. The Texas attorney general's office appealed, the judge's order voided and the warrant reinstated, clearing the way for the lethal injection to move forward.

At the Supreme Court, Austin-based lawyer Gretchen Sween argued that Holiday's court-appointed attorneys abandoned him after the justices in June refused to review his case. Those lawyers advised Holiday his legal issues were exhausted and new appeals and a clemency petition would be fruitless.




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