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Official: Man accused in store attack misses court hearing
Legal Interview | 2017/04/12 15:08
Authorities say a jailed North Carolina man facing accused of an arson attack on an immigrant-owned store didn't appear in court as planned because he's being disciplined.

An appearance scheduled Tuesday for 32-year-old Curtis Flournoy has been reset for April 21, when the suspect will have a bond hearing.

Mecklenburg County Assistant District Attorney Alana Byrnes said he didn't know what led to Flournoy's being placed on disciplinary detention.

Flournoy remains jailed on a $35,000 bond on charges, including ethnic intimidation and burning a commercial building. It's not clear if he has an attorney.

Authorities say a fire was set Thursday but burned itself out at a market selling goods from the Indian subcontinent. No one was hurt, and authorities said a threatening note was left on the scene.


Oklahoma tribe sues oil companies in tribal court over quake
Legal Interview | 2017/03/06 17:47
An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.

The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.

The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."

Attorneys representing the 3,200-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.

"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.



Appeals court rules against Kansas in voting rights case
Legal Interview | 2016/10/01 19:32
Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge's order.
 
The decision from the U.S. 10th Circuit Court of Appeals affirms lower court's May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest.

The 10th Circuit ruled "no constitutional doubt arises" that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.

The court had previously refused to issue an emergency stay of U.S. District Judge Julie Robinson's order, and this latest comes after a three-judge panel heard oral arguments last month in the case.

Its decision is the latest setback for Kansas Secretary of State Kris Kobach. It comes just a day after the Kansas Republican avoided contempt proceedings by striking a deal with the American Civil Liberties Union to fully register and clearly inform affected voters that they could vote in the November election.

Kobach did not immediately return a cell phone message seeking comment, but his spokeswoman said his office would issue a statement later.



Mexico's Supreme Court overturns state anti-corruption laws
Legal Interview | 2016/09/09 06:29
Mexico's Supreme Court has ruled unconstitutional two state anti-corruption laws that outgoing governors passed in apparent attempts to shield themselves from investigation.

Many Mexicans were outraged when the governors of the states of Veracruz and Chihuahua pushed through the laws just months before they are to leave office giving them the power to name anti-corruption prosecutors.

The federal Attorney General's Office appealed the laws, arguing they violated new federal anti-corruption standards. It said the appeals were meant to show "there is no room for tailor-made local laws."

On Monday, the Supreme court agreed, saying neither law could stand.

There have been allegations of corruption in both Veracruz and Chihuahua, and many feared the now struck-down laws would have allowed the governors to control who would investigate them.


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