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Delaware County creates domestic violence court
Court Watch | 2016/12/03 23:50
The Indiana Supreme Court has approved the creation of a domestic violence court in Delaware County.

Delaware County Prosecutor Jeffrey Arnold tells The (Muncie) Star Press all felony domestic battery cases now will be filed in Delaware Circuit Court 1, where Judge Marianne Vorhees presides.

Arnold says the judge volunteered to create the domestic violence court. He says when one judge brings a lot of expertise to a legal area, it creates consistency.

Arnold recently has added a deputy prosecutor, an investigator and a victim advocate to deal exclusively deal with domestic violence cases.

Arnold says Vorhees will continue to preside over other types of criminal cases.



ICC prosecutors: US forces may have committed war crimes
Court Watch | 2016/12/02 23:50
U.S. troops and CIA agents could face investigation and possible charges by the International Criminal Court after its chief prosecutor said in a report that they may have committed war crimes by torturing detainees in Afghanistan.

"Members of US armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014," according to the report issued late Monday by Prosecutor Fatou Bensouda's office. Bensouda didn't immediately give any for further comment Tuesday.

The report added that CIA operatives may have subjected at least 27 detainees in Afghanistan, Poland, Romania and Lithuania to "torture, cruel treatment, outrages upon personal dignity and/or rape" between December 2002 and March 2008.

Most of the alleged abuse happened in 2003-2004, the report said, adding that Afghan government forces and the Taliban were also responsible for atrocities.

Prosecutors said they will decide "imminently" whether to seek authorization to open a full-scale investigation in Afghanistan that could lead to war crimes charges.

Param-Preet Singh, associate international justice director at Human Rights Watch, welcomed the publication Tuesday.


Hawaii Supreme Court affirms Maui solar telescope permit
Court Watch | 2016/12/01 23:49
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.



Justice Thomas: Honor Scalia by reining in government
Court Watch | 2016/11/15 22:51
Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.

Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.

Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.

He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion."



French court restores far-right candidate's ties to father
Court Watch | 2016/11/15 22:51
French presidential candidate Marine Le Pen thought she had cut the political cord with her controversial father by expelling him from the far-right party he founded, but a court ruled Thursday Jean-Marie Le Pen still is the National Front's honorary president.

While campaigning in next spring's presidential election, Marine Le Pen has worked to smooth her image and distance herself from her father's extremist views and anti-Semitic comments. Kicking him out of the party was part of her strategy.

The civil court outside that heard Jean-Marie Le Pen's reinstatement claim upheld the National Front's decision last year to expel him as a rank-and-file member. But the court also ruled that the 88-year-old firebrand can remain the party's honorary president.

As a result, the court ordered the National Front to summon the elder Le Pen to any high-level party meetings and to give him voting rights as an ex-officio member of all the party's governing bodies.

"No statutory provisions specify that the honorary president must be a member of the National Front," the judges said.

The court sentenced the party to pay Jean-Marie Le Pen 23,000 euros ($24,500) in damages and lawyers' fee.

"This can be called a success," his lawyer, Frederic Joachim, told reporters after the ruling was returned.

Joachim had asked the court for 2 million euros ($2.1 million) in damages because "it's a political life they tried to destroy at home and to cast scorn on abroad."

The party's lawyers didn't immediately comment on the ruling, which both sides can appeal.

The National Front ousted the party patriarch for a series of comments, including referring to Nazi gas chambers as a "detail" of World War II history.

Le Pen contends his comments were protected by freedom of expression, though he has been sentenced repeatedly in France for inciting racial hatred and denying crimes against humanity.



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