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Canadian court: US can extradite terror suspect
Court News | 2014/08/13 14:37
An appeals court ruled Monday an Iraqi-born man should be extradited to the United States to face charges that he helped coordinate Tunisian jihadists believed responsible for a suicide attack in Iraq in 2009 that killed five American soldiers outside a U.S. base.

Sayfildin Tahir Sharif, who holds dual Canadian-Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.

The prosecution alleges Sharif worked from Edmonton, Alberta, to help a Tunisian man enter Iraq in 2009 and detonate a truck filled with explosives at a military checkpoint, killing five U.S. soldiers. Prosecutors contend that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting Tunisian terrorists. Sharif never left Canada as part of the alleged conspiracy.

The terror network is also accused of blowing up an Iraqi police station, killing seven Iraqi officers.

Canada's justice minister granted extradition last summer after receiving assurances from the U.S. that Sharif wouldn't face the death penalty. Defense lawyers also received a letter from U.S. authorities promising the man wouldn't be held indefinitely in pre-trial detention.

Sharif was appealing the justice minister's decision as well as a judge's original ruling in 2012 that there was enough evidence to extradite Sharif on two charges.

Sharif is an ethnic Kurd who was born in Iraq but moved to Toronto as a refugee in 1993. Four years later, he became a Canadian citizen.


Federal court: Virginia marriage is for all
Court News | 2014/07/29 13:43
An appeals courts' decision to strike down Virginia's same-sex marriage ban adds to the growing list of decrees on a hot-button issue that will likely end up being decided by the U.S. Supreme Court.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, is the second federal appellate court to overturn gay marriage bans, after the Denver circuit, and is the first to affect the South, a region where the rising tide of rulings favoring marriage equality is testing concepts of states' rights and traditional, conservative moral values that have long held sway.

"I am proud that the Commonwealth of Virginia is leading on one of the most important civil rights issues of our day," said Virginia Attorney General Mark Herring, who had refused to defend the state ban when he took office in January. "We are fighting for the right of loving, committed couples to enter the bonds of marriage."

Virginians voted 57 percent to 43 percent in 2006 to amend their constitution to ban gay marriage and state law prohibits recognizing same-sex marriages performed in other states, which the court said infringes on its citizens' fundamental right to marry.


2 ag-gag laws facing federal court challenges
Court News | 2014/07/22 13:28
The years-long fight between farm organizations and animal rights activists over laws prohibiting secretly filmed documentation of animal abuse is moving from state legislatures to federal courts as laws in Utah and Idaho face constitutional challenges.

Half of U.S. states have attempted to pass so-called ag-gag laws, but only seven have been successful. Among them are Idaho, where this year's law says unauthorized recording is punishable by up to a year in jail and a $5,000 fine, and Utah, whose 2012 law makes it a crime to provide false information to gain access to a farm. Both states now face separate but similarly worded lawsuits that say the measures violate federal statutes offering whistleblower protections and free-speech guarantees.

Farm organizations and livestock producers say ag-gag laws are aimed at protecting their homes and businesses from intruders, and some plan to use social media to assure the public they have nothing to hide. But animal rights groups, free-speech activists and investigative journalists want to throw out the laws because they say the secrecy puts consumers at higher risk of food safety problems and animals at higher risk of abuse.


Appeals court to take up Missouri execution case
Court News | 2014/07/17 12:34
A last-minute stay from a federal judge has put a Missouri inmate's execution temporarily on hold.

John Middleton was scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995. With less than two hours to go before the execution, U.S. District Judge Catherine Perry granted a stay, ruling there was enough evidence of mental illness that a new hearing should be held.

Courts have established that executing the mentally ill is unconstitutional.

Missouri Attorney General Chris Koster appealed to the 8th U.S. Circuit Court of Appeals, but that court adjourned for the night without a ruling.

It was a confusing end to a day that saw a flurry of court actions. Perry first granted a stay early Tuesday, but that was overturned by the appeals court. The U.S. Supreme Court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes.

Middleton's attorneys then went back to Perry, who once again granted a stay.

However the appeals court eventually rules, the case is likely to end up again in the U.S. Supreme Court.

If the stay is lifted, the state could execute Middleton at any time Wednesday. The death warrant expires at midnight Thursday and if Middleton is not executed by then, the Missouri Supreme Court would have to set a new date. State witnesses and media were told to report back to the prison by 10:30 a.m.

Middleton, 54, would be the sixth man put to death in Missouri this year — only Florida and Texas have performed more executions in 2014 with seven each.


Detroit bankruptcy judge opens court to critics
Court News | 2014/07/15 13:51
A judge overseeing Detroit's bankruptcy is getting an earful from retirees who are opposed to the city's plan to get back on its feet.

Judge Steven Rhodes is giving dozens of people five minutes each to air their objections Tuesday. He held a similar hearing last fall on Detroit's eligibility to file for bankruptcy.

The critics include retired police officers, a librarian and other former workers. One woman says she doesn't believe Detroit is broke.

Rhodes will hold a trial on Detroit's bankruptcy strategy, starting Aug. 14. He must find that the exit plan is fair and feasible, among other things, in order for the city to shed billions of dollars in debt.

Voting by creditors ended last Friday. Those results will be released next Monday.


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