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Appeals court sets aside conviction of bin Laden assistant
Legal Interview |
2015/06/10 19:20
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A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.
The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.
The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.
Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.
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Ky. high court to hear death penalty appeal
Legal Interview |
2014/02/13 15:17
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The Kentucky Supreme Court is set to hear arguments in the case of a death row inmate who has twice won a new trial.
The justices on Thursday will take up the case of 57-year-old Michael Dale St. Clair, who was convicted in the 1991 slaying of distillery worker Frank Brady in Bullitt County.
St. Clair has won three trials in the case, which has lingered for years in appeals.
St. Clair and another inmate escaped from an Oklahoma prison before going on a multistate spree that ended in Kentucky with Brady's death. St. Clair also faces a murder charge in New Mexico for the 1991 kidnapping and slaying of paramedic Timothy Keeling.
St. Clair also received a second death sentence for capital kidnapping from the Hardin County Circuit Court. |
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Court OKs Class-action Suit Over Apartment Leases
Legal Interview |
2013/06/05 08:55
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An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.
The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''
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Italian court convicts 7 for no quake warning
Legal Interview |
2012/10/25 13:41
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Defying assertions that earthquakes cannot be predicted, an Italian court convicted seven scientists and experts of manslaughter Monday for failing to adequately warn residents before a temblor struck central Italy in 2009 and killed more than 300 people.
The court in L'Aquila also sentenced the defendants to six years each in prison. All are members of the national Great Risks Commission, and several are prominent scientists or geological and disaster experts.
Scientists had decried the trial as ridiculous, contending that science has no reliable way of predicting earthquakes. So news of the verdict shook the tightknit community of earthquake experts worldwide.
"It's a sad day for science," said seismologist Susan Hough, of the U.S. Geological Survey in Pasadena, Calif. "It's unsettling." That fellow seismic experts in Italy were singled out in the case "hits you in the gut," Hough added.
In Italy, convictions aren't definitive until after at least one level of appeals, so it is unlikely any of the defendants would face jail immediately.
Other Italian public officials and experts have been put on trial for earthquake-triggered damage, such as the case in southern Italy for the collapse of a school in a 2002 quake in which 27 children and a teacher were killed. But that case centered on allegations of shoddy construction of buildings in quake-prone areas.
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California deputy pleads guilty to weapons charge
Legal Interview |
2012/08/31 11:18
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A former Sacramento County sheriff's deputy has pleaded guilty to a federal charge stemming from the illegal sale of dozens of weapons, some of which were used by criminals.
Prosecutors in Sacramento say Thomas Lu and fellow former deputy Ryan McGowan, both of Elk Grove, bought and sold handguns that cannot be legally owned by citizens in California.
Lu, age 42, pleaded guilty Tuesday in federal court to one count of dealing in firearms without a license, which carries a maximum sentence of five years in prison.
He is agreeing to cooperate with investigators as part of a deal that could bring him a lighter sentence.
The deputies are charged with serving as straw buyers who trafficked in restricted handguns. |
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