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Florida school shooting suspect due back in court
Court News | 2019/02/16 09:42
Florida school shooting suspect Nikolas Cruz is due back in court for a status hearing on his death penalty case.

The hearing is set Thursday afternoon in Broward County Circuit Court. A number of matters could come up ranging from the pace of defense interviews of witnesses to a potential setting of a tentative trial date.

The 20-year-old Cruz is accused of killing 17 people and wounding 17 others in last year's massacre at Marjory Stoneman Douglas High School. He is also accused of assaulting a jail corrections officer.

Cruz's attorneys have said he will plead guilty in return for a life prison sentence. Prosecutors have insisted instead on seeking the death penalty.


Court case to tackle jails' medication-assisted treatment
Court News | 2019/02/11 02:18
The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.

Democratic Gov. Janet Mills recently lifted the Maine Department of Corrections' ban on medication-assisted treatment. The ACLU's lawsuit filed in September argued that it's unconstitutional and harmful for Maine jails to prohibit such treatment.

Madawaska resident Brenda Smith sued, asking to continue using medication-assisted treatment to keep her opioid use disorder in remission. Smith, who is expected to report to Aroostook County Jail this year, testified Monday in U.S. District Court in Portland during a court case that is expected to last all week.

Smith wept on the stand while describing how access to the medicine is critical to stabilizing her life. ACLU lawyers said they will spend the week making the case that such access is a constitutional issue, as well as a protected right under the federal Americans with Disabilities Act.

"It makes me feel normal, like I'm a normal human being," Smith said.

Smith's lawsuit against the jail comes at a time when jails and prisons across the country are starting to provide addiction medications to inmates, as resistance from long-skeptical corrections officials appears to be loosening amid the national drug epidemic.

Attorneys for the jail have pushed back at the idea that a ban on medically assisted treatment is a violation of a prisoner's rights. Attorney Peter Marchesi, an attorney representing the jail Monday, has previously said medical staff members at the jail have the ability to manage prisoners' withdrawal symptoms.

Monday's court action also included an expert witness, Dr. Ross MacDonald, who has overseen medical care for New York City's jail system. The medical literature supports medication-assisted treatment for opioid use disorder, and it's important to have that option available to prisoners, he said.



Spain's courts put to test by trial of Catalan separatists
Court News | 2019/02/10 02:35
Spain is bracing for the nation's most sensitive trial in four decades of democracy this week, with a dozen Catalan separatists facing charges including rebellion over a failed secession bid in 2017.

The proceedings, which begin Tuesday, will be broadcast live on television and all eyes will be focused on the impartiality of the Spanish Supreme Court.

Catalonia's separatists have attacked the court's credibility in the run-up to the trial, saying it is a puppet of the Spanish government and any ruling will be a political one that has been decided in advance.

"In reality, it's democracy itself that will go on trial," Oriol Junqueras, one of the accused, wrote from jail in reply to questions sent by The Associated Press. "We are before a trial which, through a partial investigation full of falsities and irregularities, criminalizes a political option and an ideology."

But Supreme Court president Carlos Lesmes dismisses that notion, saying the trial is the most important since Spain's transition to democracy in 1977 after the death of dictator Gen. Francisco Franco.

"This is a trial following the highest standards set by the European Union," Lesmes recently told a group of journalists.



Pakistan upholds acquittal of woman in blasphemy case
Court News | 2019/01/26 11:40
Pakistan’s top court on Tuesday upheld its acquittal of a Christian woman sentenced to death for blasphemy, paving the way for Aasia Bibi to leave the country in a blow to radical Islamists who had demanded her execution.

Following the landmark decision, Bibi will finally be able to join her daughters, who earlier fled to Canada where they have been given asylum.

Bibi’s lawyer, Saiful Malook, who returned to Islamabad after fleeing the country amid death threats, called the decision a victory for Pakistan’s constitution and rule of law.

The three-judge Supreme Court panel had “insisted on very strict proofs of blasphemy” and found none, Malook said, expressing hope that Bibi’s acquittal will deter false blasphemy allegations in the future.

Pakistan’s blasphemy law is often used to settle scores or intimidate followers of minority religions, including Shiite Muslims. A charge of insulting Islam can bring the death penalty, and the mere accusation of blasphemy is sometimes enough to whip up vengeful mobs, even if courts acquit defendants. A provincial governor who defended Bibi was shot and killed, as was a government minority minister who dared question the blasphemy law.

From her secret location, Bibi watched the decision reported live on local television, according to a friend who spoke to her as it was being announced. Bibi’s first thoughts were for her daughters, the friend said, speaking on condition of anonymity because he fears reprisals from Islamic extremists.




Connecticut Supreme Court issues fewer rulings in 2018
Court News | 2019/01/17 23:10
Connecticut officials say state Supreme Court rulings declined sharply in 2018, possibly a result of a major shakeup of the court over the past two years that included the appointments of a new chief justice and four new associate justices.

The Connecticut Law Tribune reports the seven-member high court decided 86 cases in 2018, a 17 percent decrease from the 104 cases decided in 2017.

Paul Hartan is the chief administrative officer for state appeals courts. He says the learning curve of new justices likely contributed to the decline in rulings.

New justices appointed to fill vacancies since March 2017 include Gregory D'Auria, Raheem Mullins, Maria Araujo Kahn and Steven Ecker. Justice Richard Robinson became chief justice last May, succeeded Chase Rogers, who retired.



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