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Ferguson panel recommends police, court reform, transparency
Legal Opinions | 2015/09/14 23:23
A reform panel formed after the Ferguson police shooting of Michael Brown is recommending the consolidation of the metro area's police departments and municipal courts, a newspaper reported Monday.

Gov. Jay Nixon and others have scheduled an afternoon news conference to release details of the Ferguson Commission report that has been 10 months in the making. But the St. Louis Post-Dispatch received a copy of the commission's 198-page report ahead of its official release.

"The law says all citizens are equal," the report's introduction states. "But the data says not everyone is treated that way."

The events in Ferguson raised concerns about police departments and municipal courts in that north St. Louis County town, but also elsewhere in the region. The departments and courts have been accused of targeting minorities to raise revenue, leading to the mistrust that was a key component of the unrest following Brown's death.

In addition to court and police department consolidation, the commission recommends changes in several other areas to address social and economic divisions highlighted since the shooting. The 16-person commission suggested establishing a statewide, publicly accessible database to track police shootings and developing a statewide plan to deal with mass demonstrations that focuses on preserving life.

It recommends establishing school-based healing centers to address behavioral and health issues.

The commission was established in November during the unrest that followed the fatal shooting in August of Brown, 18, who was black and unarmed, by Ferguson officer Darren Wilson. A St. Louis County grand jury and the U.S. Department of Justice declined to prosecute Wilson, who is white, but the shooting spurred a national "Black Lives Matter" movement and led to protests and rioting in and around Ferguson.

The commission put forth 189 "calls to action," including many previously made publicly available.



OJ Simpson appeal rejected by Nevada Supreme Court
Legal Network | 2015/09/13 06:13
Imprisoned former football star O.J. Simpson lost his latest appeal of his 2008 kidnapping and armed robbery conviction in Las Vegas.

A three-member Nevada Supreme Court panel rejected Simpson's request for a new trial, ruling in a 16-page order Thursday that there was no reason to overturn a lower court judge's decisions in the case.

"We ... conclude the district court did not err in denying these claims," justices Ron Parraguire, Michael Douglas and Michael Cherry said.

Simpson lawyers filed the appeal last October, arguing that Clark County District Court Judge Linda Marie Bell was wrong to deny Simpson a new trial on charges that got Simpson sentenced to 9 to 33 years in a botched hotel room heist.

Simpson lawyers Patricia Palm, Ozzie Fumo and Tom Pitaro argued that his trial attorney mishandled his case and had conflicts of interests. The three attorneys didn't immediately respond to messages late Thursday, and it wasn't immediately known if Simpson was aware of the ruling.

Simpson, 68, is serving his sentence in a northern Nevada prison after a jury found him guilty of multiple felonies for leading five other men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas hotel. Two of the men with Simpson testified they brought guns, at Simpson's request.

The Heisman Trophy winner, NFL Hall of Fame member and former television and movie star didn't testify at his robbery trial in Las Vegas. His attorneys, Yale Galanter and Gabriel Grasso, claimed Simpson was just trying to retrieve items stolen from him after his 1995 acquittal in Los Angeles in the deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

The Supreme Court in September 2010 rejected a previous Simpson appeal, filed by Galanter.

Simpson's appeal argued that his multiple convictions and sentences for assault with a deadly weapon and robbery with use of a deadly weapon constitute double-jeopardy; that Galanter should have challenged his multiple convictions and punishments; and that the jury should have been given a chance to consider lesser kidnapping and theft offenses.


Idaho high court upholds law banning horse racing terminals
Court Issues | 2015/09/12 06:13
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.



German court rules against Lufthansa pilot strike
Court Watch | 2015/09/12 06:13
A German court issued an injunction Wednesday ordering a halt to a strike by pilots at Lufthansa, Germany’s biggest airline, that caused the cancelation of 1,000 flights.

Lufthansa welcomed the ruling by the state labor court in Frankfurt but said that a special, reduced timetable it had drawn up for the day would remain in place. It said that largely normal services would be resumed on Thursday.

The pilots’ union, Vereinigung Cockpit, has been calling regular short-term strikes in the long-running labor dispute, which comes as Lufthansa restructures to meet increasing competition from Gulf airlines. The pilots want the airline to keep making transition payments for those seeking early retirement.

The court found that the union’s aims went beyond that demand, to exerting more influence on Lufthansa’s new low-cost operation, making the strike illegal, news agency dpa reported.

Vereinigung Cockpit began its strike on long-haul flights Tuesday, forcing the cancellation of 90 flights, and extended the walk-out to medium-and short-haul flights Wednesday.

Union spokesman Markus Wahl told n-tv television after the ruling that it had told pilots to be available for work immediately. Wednesday’s ruling overturned one by a lower court on Tuesday that went in the union’s favor.




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