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Court lifts part of order blocking Texas abortion ban
Legal Interview |
2020/04/12 18:43
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A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.
By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.
However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.
The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.
COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.
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Spanish court: Google search must show man's acquittal first
Legal Interview |
2020/03/10 03:04
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A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.
A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.
In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.
The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.
Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.
Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves.
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Cyprus court finds 19 year-old British woman guilty
Legal Interview |
2020/01/02 01:45
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Cyprus' attorney general said Tuesday he couldn't suspend the trial of a 19 year-old British woman found guilty of lying about being gang raped by as many as dozen Israelis because she had leveled “grave accusations” against police investigators that had to be adjudicated in court.
Costas Clerides said the woman's allegation that police coerced her into retracting her rape claim “could not have been left to linger” so he could not move to suspend the trial.
Clerides also said the woman's insistence that she didn't get a fair trial is “essentially a legal-constitutional matter" that a courtof law must rule on.
“Any intervention on the part of the attorney general, either for reasons of public interest or any other reasons, would have constituted nothing more than an obstacle to ascertaining the true facts of the case, as well as interference in the judiciary's work," Clerides said in a statement.
The woman, who hasn't been named was found guilty on Monday on a charge of public mischief and is due to be sentenced Jan. 7. The charge carries a maximum of a year in prison and a fine of 1,700 euros ($1, 907).
She insists that she was raped in a hotel room at a coastal resort town on July 17 and that she was forced to sign the retraction 10 days later while under police questioning. Her lawyers said they would appeal the decision, citing the judge's refusal to consider evidence that she had been raped. |
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Ohio Supreme Court keeps camera challenge alive
Legal Interview |
2019/11/20 03:21
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Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.
The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.
The Toledo Blade reports Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.
The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state. |
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