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East Timor court drops premier's libel case against media
Topics in Legal News | 2017/06/01 23:39
An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.

Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.

Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.

"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.

Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.

The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.

The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.

The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.

A former colony of Portugal, it was occupied by Indonesia for a quarter century until a U.N.-sponsored independence referendum in 1999 sparked violent reprisals by the Indonesian military that killed many and destroyed its economy.


Indiana high court rejects appeal in malnourished teen case
Topics in Legal News | 2017/05/04 04:40
The Indiana Supreme Court has declined to hear the appeal of a central Indiana woman who pleaded guilty to neglecting her 15-year-old granddaughter, who was found covered in feces and weighing only 52 pounds.

The court ruled unanimously last week not to accept transfer of the 56-year-old woman's appeal of a state Court of Appeals decision that upheld her 24-year sentence for pleading guilty to neglect and battery charges.

The Herald Bulletin reports her attorney, Rick Walker, says she can still seek post-conviction relief.

Firefighters called to the woman's Anderson home in December 2014 found her granddaughter malnourished, covered in feces and suffering from a skull fracture.

Her husband and her adult daughter also were convicted of neglect and other charges in the case and are serving prison sentences.



US court ruling could bring more suits over Nazi-looted art
Topics in Legal News | 2017/04/06 23:31
The heirs of Nazi-era Jewish art dealers have spent nearly a decade trying to persuade German officials to return a collection of medieval relics valued at more than $250 million.

But they didn't make much headway until they filed a lawsuit in an American court.

The relatives won a round last week when a federal judge ruled that Germany can be sued in the United States over claims the so-called Guelph Treasure was sold under duress in 1935.

It's the first time a court has required Germany to defend itself in the U.S. against charges of looted Nazi art, and experts say it could encourage other descendants of people who suffered during the Holocaust to pursue claims in court.

The case also is among the first affected by a law passed in Congress last year that makes it easier for heirs of victims of Nazi Germany to sue over confiscated art.

"It open all kinds of other claims based on forced sales in Nazi Germany to jurisdiction in U.S. courts if the facts support it," said Nicholas O'Donnell, an attorney representing the heirs.

The collection includes gold crosses studded with gems, ornate silverwork and other relics that once belonged to Prussian aristocrats. The heirs of the art dealers — Jed Leiber, Gerald Stiebel, and Alan Philipp — say their relatives were forced to sell the relics in a coerced transaction for a fraction of its market value.

The consortium of dealers from Frankfurt had purchased the collection in 1929 from the Duke of Brunswick. They had managed to sell about half of the pieces to museums and collectors, but the remaining works were sold in 1935 to the state of Prussia, which at the time was governed by Nazi leader Hermann Goering.

Following the sale, Goering presented the works as a gift to Adolf Hitler, according to court documents. The collection has been on display in Berlin since the early 1960s and is considered the largest collection of German church treasure in public hands.

German officials claim the sale was voluntary and say the low price was a product of the Great Depression and the collapse of Germany's market for art. In 2014, a special German commission set up to review disputed restitution cases concluded it was not a forced sale due to persecution and recommended the collection stay at the Berlin museum.


Court officer investigated for photographing lawyer's notes
Topics in Legal News | 2017/03/04 15:55
A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor.

The Kennebec Journal reports that court officials are calling the incident a serious ethical breach and violation of courtroom protocol.

Sgt. Joel Eldridge took the photo Tuesday as a judge and attorneys discussed a case involving robbery, aggravated assault and criminal mischief. Assistant District Attorney Francis Griffin told the judge he saw the photo on his phone and reported the incident to the district attorney.

Defense attorney Sherry Tash said she was told the photo showed her notes of a person's name and number. Eldridge declined comment. He's on administrative leave with pay pending an internal investigation by the Kennebec County Sheriff's Department.



Court: Florida Docs Allowed to Ask Patients About Guns
Topics in Legal News | 2017/02/21 14:16
A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.

The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.

Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.

Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.

While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.


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