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High court rejects ex-stockbroker's appeal in fraud case
Legal Interview | 2015/11/01 09:37
The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense.

The justices Monday let stand an appeals court ruling that said prosecutors didn't have to share information about the drug use of a key witness against George Georgiou. The lower court sided with prosecutors who said defense lawyers could have discovered the publicly available records on their own.

Georgiou's lawyers said prosecutors had a duty to disclose the information if they were aware of it. Several former Justice Department officials backed his claim and urged the court to take the case.

Georgiou was convicted on charges of manipulating markets of four stocks, causing $55 million in losses.



Religious clerks in Kentucky follow law, but see conflict
Legal Interview | 2015/09/13 10:32
Clerk Mike Johnston prays twice a day, once each morning and once each night, and asks the Lord to understand the decision he made to license same-sex marriage.

“It’s still on my heart,” said Johnston, whose rural Carter County sits just to the east of Rowan County, where clerk Kim Davis sparked a national furor by refusing to issue marriage licenses to gay couples, a decision that landed her in jail.

Johnston is one of Kentucky’s 119 other clerks, many of them deeply religious, who watched the Kim Davis saga unfold on national television while trying to reconcile their own faith and their oath of office. Sixteen of them sent pleading letters to the governor noting their own religious objections. But when forced to make a decision, only two have taken a stand as dramatic as Davis and refused to issue licenses.

And others say they find the controversy now swirling around their job title humiliating.

“I wish would just quit, because she’s embarrassing everybody,” said Fayette County Clerk Don Blevins, whose office serves the state’s second-largest city, Lexington.

After the U.S. Supreme Court legalized gay marriage in June, Kentucky Gov. Steve Beshear ordered clerks across the state to issue licenses, launching them along markedly different paths. The clerk in Louisville, Bobbie Holsclaw, issued licenses that very day and the mayor greeted happy couples with bottles of champagne.




Appeals court sets aside conviction of bin Laden assistant
Legal Interview | 2015/06/10 19:20
A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
   
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.

The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.

The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.

Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.



Ky. high court to hear death penalty appeal
Legal Interview | 2014/02/13 15:17
The Kentucky Supreme Court is set to hear arguments in the case of a death row inmate who has twice won a new trial.

The justices on Thursday will take up the case of 57-year-old Michael Dale St. Clair, who was convicted in the 1991 slaying of distillery worker Frank Brady in Bullitt County.

St. Clair has won three trials in the case, which has lingered for years in appeals.

St. Clair and another inmate escaped from an Oklahoma prison before going on a multistate spree that ended in Kentucky with Brady's death. St. Clair also faces a murder charge in New Mexico for the 1991 kidnapping and slaying of paramedic Timothy Keeling.

St. Clair also received a second death sentence for capital kidnapping from the Hardin County Circuit Court.


Court OKs Class-action Suit Over Apartment Leases
Legal Interview | 2013/06/05 08:55
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.

The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.

The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.

The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''




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