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Presidency hangs in balance in case before Brazil court
Legal Network |
2017/06/09 03:09
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Judges on Brazil's top electoral court are in their third day of proceedings of a case that could cost President Michel Temer his job.
The judgment phase of the trial was supposed to last three days, with a vote expected Thursday. However, the court already has scheduled sessions for Friday and Saturday in case they are necessary.
At issue is whether the 2014 campaign of President Dilma Rousseff and her running mate Temer received illegal financing. Temer took over last year when Rousseff was removed for illegally managing the federal budget.
If a simple majority on court votes that the ticket did receive illegal funds, the victory would be annulled and Temer would be stripped of the presidency. However, Temer could appeal and has said he would do so. |
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Alabama asks US Supreme Court to let execution proceed
Legal Network |
2017/06/06 16:04
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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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Court sides with towns over utilities in tax dispute
Legal Network |
2017/06/04 17:35
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Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.
Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 and 2012, but the state Board of Tax and Land Appeals rejected most of those requests, and the utilities appealed.
The utilities argued that towns' property tax assessments were too high and that their property taxes instead should be based on a valuation formula used by the state Department of Revenue Administration in levying a separate utility tax.
In the ruling released Friday, the court sided with the towns, though it said it was troubled by substantial differences in assessments by towns for property tax purposes and assessments by the state for utility taxes. The court said such disputes could be avoided by adopting a uniform appraisal method, a decision for the Legislature, not the courts.
Eversource spokesman Martin Murray said the company has a duty to dispute valuations made by communities the company considers extreme outliers compared to the state assessments. He said the company remains concerned about the wide discrepancies.
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Kim Jong Nam murder suspect asks her parents to pray for her
Legal Network |
2017/05/29 03:37
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A suspect in the poisoning death of the North Korean leader's half brother wrote to her parents from jail, asking them to pray for her but saying "don't think about me too much."
Siti Aisyah, an Indonesian mother who worked in Malaysia, appeared in court Tuesday along with a second suspect, Doan Thi Huong of Vietnam. Their trial was formally transferred to the High Court as the lower court had no jurisdiction to hear a murder case.
They are the only people who have been arrested in the assassination of Kim Jong Nam at the Kuala Lumpur airport on Feb. 13.
Kim Jong Nam murder suspect asks her parents to pray for her
The suspects are accused of smearing VX nerve agent on Kim's face in the crowded airport terminal; he died soon afterward. The women have said they were duped into thinking they were playing a harmless prank for a hidden-camera show.
Yusron Ambary, counsellor at the Indonesian Embassy, said Siti wrote a letter to her parents recently, asking them not to worry about her.
"I am in good health. Just pray. Don't think about me too much. Keep healthy and pray at night. I have a lot of people helping me. The embassy officials always come to see me, my lawyers also. Don't worry. Pray for me so that the case will be over soon and I can go back home. Send my love to my son Rio," he read from the letter to reporters outside the courtroom.
Armed escorts accompanied the women, who smiled at their embassy representatives as they were brought to the dock.
Prosecutor Iskandar Ahmad said the date for their first appearance in the High Court would usually be within a month. The suspects would then enter pleas and the trial would have to start within 90 days, Iskandar said.
The court was also informed that lawyer Jagjit Singh was appointed by the North Korean Embassy to monitor the case for them. Singh told reporters later that he was engaged to "protect the interest" of the North Korean government. He didn't elaborate.
Police have said four North Korean suspects fled Malaysia the day of the attack. Defense lawyers fear the women will be scapegoats because other people believed to have knowledge of the case left the country. |
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