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Puerto Ricans await court decision on potential new governor
Headline Legal News | 2019/08/04 09:22
Puerto Rico’s Supreme Court on Monday agreed to rule on a lawsuit that the island’s Senate filed in a bid to oust a veteran politician recently sworn in as the island’s governor.

The court gave all parties until Tuesday at noon to file all necessary paperwork, noting that no extensions will be awarded.

The lawsuit seeks a preliminary injunction ordering Pedro Pierluisi to cease his functions immediately and also asks that the court declare unconstitutional a 2005 law that says a secretary of state does not have to be approved by both the House and Senate if he or she has to step in as governor.

“I want to put an end to this, but I want to do it correctly,” Senate President Thomas Rivera Schatz said during a special session in which he stated he would let the court decide the outcome, adding that Pierluisi only had five of 15 votes needed from the Senate for his earlier nomination as secretary of state.

It is unclear how quickly the Supreme Court might rule or whether it would hold a hearing or simply issue a written opinion. The announcement comes as Puerto Ricans who successfully ousted the previous governor from office following nearly two weeks of protests await yet another twist in what is a deepening constitutional crisis.


Judge files order against lawyer with ties to Southern group
Headline Legal News | 2019/08/03 09:21
An attorney who previously led the North Carolina chapter of a group that advocates for Southern secession has been ordered not to handle clients' money.

A Wake County judge filed an order that prohibits Harold Ray Crews of Walkertown from accepting or disbursing client funds. The order signed Monday says the North Carolina State Bar received information that Crews had mishandled money entrusted to him.

It also says that Crews wants to cooperate and won't appeal the order. As recently as 2017, Crews was chairman of the state chapter of the Alabama-based League of the South, which advocates for Southern secession.

After a violent white nationalist rally in Charlottesville, Virginia, Crews sought charges against DeAndre Harris, a black man who was severely beaten during the rally. A judge acquitted Harris.




Cyprus police frees 5 Israelis, 7 held in hotel rape probe
Headline Legal News | 2019/07/27 10:26
A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.

The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.

Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.

Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.

Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.

The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.

The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.

Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.

Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.

Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.

The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.

Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.


Meek Mill’s conviction thrown out, granted new trial
Headline Legal News | 2019/07/25 10:30
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.

The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.

City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.

The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.

“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”

Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.

Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.



High court strikes down ‘scandalous’ part of trademark law
Headline Legal News | 2019/06/25 11:15
The Supreme Court struck down a section of federal law Monday that prevented businesses from registering trademarks seen as scandalous or immoral, handing a victory to California fashion brand FUCT.

The high court ruled that the century-old provision is an unconstitutional restriction on speech. Between 2005 and 2015, the United States Patent and Trademark Office ultimately refused about 150 trademark applications a year as a result of the provision. Those who were turned away could still use the words they were seeking to register, but they didn’t get the benefits that come with trademark registration. Going after counterfeiters was also difficult as a result.

The Trump administration had defended the provision, arguing that it encouraged trademarks that are appropriate for all audiences.

The high court’s ruling means that the people and companies behind applications that previously failed as a result of the scandalous or immoral provision can re-submit them for approval. And new trademark applications cannot be refused on the grounds they are scandalous or immoral.

Justice Elena Kagan said in reading her majority opinion that the most fundamental principle of free speech law is that the government can’t penalize or discriminate against expression based on the ideas or viewpoints they convey. She said Lanham Act’s ban on “immoral or scandalous” trademarks does just that.


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