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Wash. court says gun limits OK before conviction
Law Firm Press |
2013/11/25 15:04
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Washington's high court upheld a state law Thursday that prohibits some suspects in serious criminal cases from possessing a firearm before they have been found guilty of a crime.
The state Supreme Court said in a 5-4 ruling that the law did not violate the Second Amendment rights of a man who was eventually convicted of unlawful possession of a firearm.
Justices in the majority opinion wrote the law is limited in scope and duration.
"The State has an important interest in restricting potentially dangerous persons from using firearms," Justice Steven Gonzalez wrote in the majority opinion.
The law prohibits people from having a firearm if they have been released on bond after a judge found probable cause to believe the person has committed a serious offense.
The case was brought to the Supreme Court by Roy Steven Jorgenson, who authorities said was found with two guns in his car while he was free on bond after a judge had found probable cause to believe Jorgenson had shot someone.
In one of the dissenting opinions, Justice Charles Wiggins wrote that the Legislature may reasonably regulate the right to bear arms. But he said those regulations must comport with due process. |
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Spanish court sentences 'Robin Hood' mayor
Legal News Feed |
2013/11/25 15:04
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A Spanish court has sentenced a town mayor and four others to seven months in prison for occupying unused military land they wanted to be loaned to farmers hard hit by the economic crisis.
The regional court of southern Andalusia on Thursday convicted Marinaleda town mayor Juan Manuel Sanchez Gordillo and the others of serious disobedience for ignoring warnings to leave the "Las Turquillas" ranch land they occupied during the summer of 2012.
Sanchez Gordillo has staged several activities to highlight the plight of Spain's near 6 million unemployed, including "Robin Hood"-style supermarket lootings in 2012 to aid the poor.
His town boasts full employment thanks to its farm cooperatives.
Defendants given sentences of less than two years in Spain are generally not imprisoned unless they have previous convictions.
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International court summit debates Africa issues
U.S. Court News |
2013/11/22 10:03
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The International Criminal Court's vexed relationship with Africa took center stage Wednesday on the opening day of the annual summit of its 122 member states.
The prosecutions of Kenya's president and his deputy have plunged relations between the world's first permanent war crimes court and the African Union to the deepest point in the court's 12-year history.
Kenyan Deputy President William Ruto is on trial for allegedly fomenting violence in the aftermath of his country's 2007 elections, and President Uhuru Kenyatta is due to go on trial in February on similar charges. Both men insist they are innocent.
"The court is facing a test of its veracity and its effectiveness," Kenya's Foreign Affairs Minister Amina Mohamed told delegates. "This meeting must come up with practical solutions to the challenges facing the court and the entire Rome Statute system."
The Rome Statute is the court's founding document, and one of its provisions is that heads of state do not enjoy immunity from prosecution.
But the African Union argues that Ruto and Kenyatta's trials should be delayed because Kenya needs its leaders to help fight al-Shabab terrorists in neighboring Somalia and at home. |
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Supreme Court Refuses to Block Texas Abortion Law
Law Firm News |
2013/11/22 10:03
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A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.
The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect. The four liberal justices dissented.
The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.
Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.
The Texas Legislature approved the requirement for admitting privileges in July.
In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a "substantial obstacle" in front of a woman wanting an abortion.
But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an "undue burden" on a woman's ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.
Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so "unless that court clearly and demonstrably erred," Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.
Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues. |
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