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Court upholds sentence of ex-CIA station chief
Court Watch | 2012/12/04 00:16
An appeals court has unanimously upheld the nearly 5 ½-year sentence of a former CIA station chief for sexually abusing an unconscious woman at the mansion the U.S. government provided for him in Algeria.

The three-judge panel ruled Friday that U.S. District Judge Ellen Huvelle had adequately explained why she sentenced Andrew Warren to roughly double what was called for in sentencing guidelines.

Warren argued that his Post-Traumatic Stress Disorder, depression and substance abuse made it unreasonable to give him more than a brief sentence, followed by treatment at a private facility. The appeals court disagreed.

After Warren was fired, federal agents found him high on crack in a Virginia motel room with a semi-automatic pistol in his shorts. He pleaded guilty to abusive sexual contact and a gun charge.


Brazil's first black Supreme Court president
Legal Opinions | 2012/11/27 03:19
Brazil's Supreme Court is now headed by a black justice for the first time.

Joaquim Barbosa was sworn in on Thursday. He became the only black ever to serve on the court when he joined it in 2003, even though more than half of the country's 192 million people identify themselves as having African descent.

Barbosa, 58, was elected in October to a two-year tenure as Supreme Court president. His election was a foregone conclusion since the court's presidency always goes to the justice who has served on the bench the longest.

Over the past several weeks he gained national and international renown presiding over a high-profile corruption trial involving a congressional cash-for-votes scheme. The court has convicted 25 people including the former chief of staff of ex-President Luiz Inacio Lula da Silva.

President Dilma Rousseff, members of her Cabinet, state governors, congressional leaders and several sports and entertainment personalities were present at Barbosa's swearing in.

"The multiculturalism that characterizes the Brazilian people is evident here today with Joaquim Barbosa heading the highest court of the land," said Ophir Cavalcante, president of the Brazilian Bar Association in a speech during the swearing in ceremony.


Campaigns lawyered up for election overtime chance
Legal Opinions | 2012/11/06 19:12
Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.

The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.

"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."

Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore.


Court blocks Ind. defunding of Planned Parenthood
Legal Network | 2012/10/26 23:43
Indiana stepped between women and their physicians when it enacted a law that blocked Medicaid funds for Planned Parenthood just because the organization provides abortions, a federal appeals court ruled Tuesday.

The 7th U.S. Circuit Court of Appeals in Chicago upheld a lower court's finding that Indiana violated federal regulations when it enacted a law that denied Planned Parenthood Medicaid funds for general health services including cancer screenings.

The ruling is the latest setback in conservative efforts in several states to cut off funding for abortion providers that judges say go too far, intruding on women's right to choose their own medical care.

On Friday, a federal judge blocked Arizona from applying a similar law to Planned Parenthood. Also last week, Texas released new rules for a state women's health program requiring officials to shut down the program entirely if a court asks the state to include providers tied to groups like Planned Parenthood. The state broke the program off from Medicaid funding after federal officials determined it violated women's right to choose their own doctor.

And earlier this month, Oklahoma withdrew federal funding to three Planned Parenthood clinics in Tulsa that for 18 years has allowed them to provide food and nutritional counseling to low-income mothers.

Ken Falk, legal director of the American Civil Liberties Union of Indiana that handled the case, said that while people often associate Planned Parenthood with abortion, it also is a critical provider of non-abortion-related health services to both women and men.


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