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Gambia's leader says only court can declare who's president
Legal Opinions | 2017/01/10 13:18
Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.

On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.

The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.

The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.

"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.

The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.



Circus operator agrees to plea deal in tent collapse
Legal Opinions | 2017/01/02 05:20
Court records show a Florida-based circus operator has agreed to a plea deal following a tent collapse in New Hampshire in 2015 that killed two people and injured dozens.

The Caledonian-Record in Vermont reports details of the plea deal involving Sarasota-based Walker International Events weren't made available.

The company had previously pleaded not guilty to a felony charge of operating without a license and to misdemeanor counts alleging it hadn't complied with state standards. Corporations can face fines and sanctions on criminal convictions.

The company, now out of business, agreed to pay federal safety fines and settled some lawsuits.

Forty-one-year-old Robert Young and his 6-year-old daughter, Annabelle, of Concord, Vermont, died when a storm with 75 mph winds blew through the Lancaster Fairgrounds, toppling the tent.



Kansas high court justices defend handling of capital cases
Legal Opinions | 2016/11/01 22:44
Four Kansas Supreme Court justices facing a campaign to oust them in the Nov. 8 election say the court has decided capital murder cases on legal and constitutional issues while avoiding politics and emotion.

Past high court rulings overturning death sentences are at the center of the effort to remove Chief Justice Lawton Nuss and Justices Carol Beier, Dan Biles and Marla Luckert. They face statewide yes-or-no votes on whether they stay on the court for another six years.

The court's critics are particularly upset about July 2014 rulings overturning death sentences for Jonathan and Reginald Carr. The two brothers had faced lethal injection for shooting four people in December 2000 after forcing them to perform sex acts and robbing them. Among other things, the court concluded that fairness required the brothers to be sentenced separately.



Supreme Court rejects Whitey Bulger appeal
Legal Opinions | 2016/10/03 19:18
The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.

The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.

The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.

Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.

Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.



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