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Court: Detained immigrant children entitled to court hearing
Lawyer World News |
2017/07/06 08:56
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Immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the U.S., a federal appeals court said Wednesday.
The 9th U.S. Circuit Court of Appeals said two laws passed by Congress did not end the right to a bond hearing for unaccompanied immigrant children who are detained by federal authorities.
Tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras and El Salvador have entered the U.S. in recent years.
Federal officials place the vast majority of them with family in the U.S., who care for the minors while they attend school and while their cases go through the immigration court system.
But the Department of Human Services has the authority to hold children in secure facilities if they pose a danger to themselves or others or have committed a crime. Some have spent months in detention.
Immigration advocates estimate the size of the group in secure custody at several hundred children and say bond hearings allow them to understand why they are being held and challenge their detention.
"If you don't give kids transparency and a clear finite date when their detention will end you see all kinds of psychological effects," said Holly Cooper, co-director of the Immigration Law Clinic at the University of California, Davis.
Cooper represented plaintiffs in the legal fight over the bond hearings. The 9th Circuit ruling cited a declaration from one teenager who was held for 16 months, mostly at a juvenile detention center in Northern California. The teen, referred to only by his first name, Hector, said federal officials provided no explanation for his continued detention, and he received no hearing before an immigration judge. He was eventually released to his mother.
The Obama administration argued that two laws — one approved in 2002 and the other in 2008 — did away with the bond hearing requirement in a 1997 court settlement by giving the human services department all authority over custody and placement decisions for unaccompanied children.
The Department of Justice said in a 2016 court filing that immigration judges "are not experts in child-welfare issues and possess significantly less expertise in determining what is in the best interest of the child" than human services officials.
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High court rejects new trial request in Boston murder case
Lawyer World News |
2017/06/23 08:35
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The Supreme Court on Thursday ruled against a Boston man seeking to overturn his murder conviction because his lawyer failed to object when the trial judge closed the courtroom during jury selection.
Justice Anthony Kennedy said in the 7-2 ruling that the error Kentel Weaver's lawyer committed did not appear to affect the outcome of the case. Weaver was found guilty in the 2003 murder of a 15-year-old boy.
The lawyer's failure to object prevented Weaver's mother and others from watching what should have been a public jury selection process. The judge had closed the courtroom because it was overcrowded.
Weaver's lawyer later testified that he mistakenly believed closing the court for jury selection was permitted. In fact, it violates the Sixth Amendment right to a public trial.
But Kennedy said Weaver did not show a "reasonable probability of a different outcome but for counsel's failure to object." He said the lawyer's shortcomings did not lead to a "fundamentally unfair trial."
Weaver was only 16 years old at the time of murder. Prosecutors said the victim, Germaine Rucker, was attacked by a group of men and boys after selling some jewelry to a woman, and was shot twice.
Witnesses saw a boy wearing a baseball cap pull a pistol from his pants leg. The cap fell off and was recovered by police, who discovered Weaver's DNA on it. Weaver confessed to his mother, and later, to police when his mother brought him to the police station.
Before trial, the judge ordered the courtroom closed because it was overcrowded with 90 prospective jurors, forcing some to stand in the hallway. Weaver's mother and a friend tried to get in but were refused entry.
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Idaho Supreme Court to hear veto challenge arguments
Lawyer World News |
2017/06/15 09:47
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Proponents of a lawsuit challenging Gov. C.L. "Butch" Otter's veto of a contentious grocery tax repeal bill will present arguments in front of the Idaho Supreme Court on Thursday.
State GOP Reps. Ron Nate and Bryan Zollinger, both from eastern Idaho, spearheaded a lawsuit in April arguing that the Idaho Constitution says a governor has 10 days to veto a bill immediately after the Legislature adjourns.In 1978, the Idaho Supreme Court ruled a governor has 10 days to veto or approve a bill starting when it lands on his desk.
However, 30 lawmakers have signed on with Nate and Zollinger urging the court to overturn its previous decision — a request rarely granted by courts due to a preference to follow prior judicial precedent. The lawsuit has attracted the support of House Assistant Majority Leader Brent Crane and House Majority Caucus Chairman John Vander Woude and House Judiciary, Rules and Administration Committee Chairman Lynn Luker in the lawsuit.
Also named in the petition is GOP Rep. Heather Scott of Blanchard, who helped lead an organized movement to disrupt progress inside the Statehouse this year to protest legislative leadership. Other legislators include Sen. Cliff Bayer of Meridian, who was the original sponsor of the grocery tax repeal bill this year.
Idaho's top lawmakers are countering that the lawsuit is unnecessary because the court has already ruled that the deadline kicks in when the governor receives the bill. Secretary of State Lawerence Denney has also warned that if the court overturned the nearly 40-year-old ruling, it is unknown how many other post-legislative adjournment vetoes would be affected.
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Alabama asks US Supreme Court to let execution proceed
Lawyer World News |
2017/06/08 13:03
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Alabama’s attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts.
Attorney General Steve Marshall’s office asked the justices to let the state proceed with Thursday’s scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery.
The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam’s use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas.
“Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay,” lawyers with the attorney general’s office wrote in the motion
“If the stay is allowed to stand, Melson’s execution will be delayed many months, if not years. The State, the victims’ families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court’s stay,” attorneys for the state wrote.
Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state’s execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely.
A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson’s execution to avoid the “untenable” prejudging of the inmates’ cases.
Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson’s lawyers wrote in a Friday motion that Alabama “botched” a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes.
“Mr. Smith’s botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants’ use of potassium chloride is unconstitutional,” Melson’s attorneys wrote last week.
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Montenegro court confirms indictments against 2 Russians
Lawyer World News |
2017/06/06 13:02
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Montenegro's higher court on Thursday confirmed prosecution indictments against 14 people, including two Russians charged with masterminding a coup attempt aimed at preventing Montenegro from joining NATO.
Russian nationals Eduard Shishmakov and Vladimir Popov have been indicted with various criminal offenses, terrorism and acts against the constitutional order of Montenegro, a court statement said.
The two alleged members of Russia's military security agency had reportedly operated from neighboring Serbia with sophisticated spying equipment. They have returned to Russia and are beyond the reach of Montenegro's judiciary.
Shishmakov was a deputy military attaché at the Russian embassy in Warsaw, but was declared persona non grata in Poland in June 2014 because it was believed that he was involved in spying.
The other 12 suspects, mostly Serbs, allegedly planned on the election day in October to take over parliament in the capital of Podgorica and kill then-Prime Minister Milo Djukanovic.
Among the indicted suspects are two top Montenegrin opposition officials who have made frequent visits to Moscow before and after the alleged coup attempt.
"This is a political process against fierce opponents of NATO," said opposition leader Milan Knezevic, who was indicted. Montenegro, once a Russian ally, formally became the 29th member of NATO on Monday, despite Moscow's strong opposition.
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