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Immigration courts: record number of cases, many problems
Lawyer News |
2017/03/07 10:37
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Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.
When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.
The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.
Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.
The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges. |
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Court: Missouri not required to name execution drug's source
Lawyer News |
2017/02/20 09:25
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A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.
The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.
The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.
Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.
The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.
Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.
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Court upholds guilty verdict for Russian opposition leader
Lawyer News |
2017/02/09 00:31
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A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.
However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.
In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.
During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.
"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.
Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.
Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.
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Competing bills target, affirm high court water decision
Lawyer News |
2017/01/26 18:12
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Some lawmakers are taking aim at a recent Washington Supreme Court decision that put the onus on counties to determine whether water is legally available in certain rural areas before they issue building permits.
One bill sponsored by Sen. Judy Warnick, R-Moses Lake, amends parts of the state law at the heart of the ruling, known as the Hirst decision. County officials, builders, business and farm groups are among supporting the measure, while environmental groups and tribes oppose it.
A competing bill sponsored by Sen. John McCoy, D-Tulalip, supports the court decision and sets up a program to help counties find ways to meet the requirements.
In October, the high court ruled that Whatcom County failed to protect water resources by allowing new wells to reduce flow in streams for fish and other uses. The court said counties must ensure, independently of the state, that water is physically and legally available before they issue building permits in certain areas.
In the wake of the ruling, some counties have temporarily halted certain rural development, while others changed criteria for obtaining a building permit.
At issue is a struggle to balance competing needs of people and wildlife for limited water, a challenge that has played out across the state for years.
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Court ponders mass murderer Breivik's prison conditions
Lawyer News |
2017/01/20 17:55
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An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
But it dismissed Breivik's claim that his right to respect for private and family life was violated by restrictions on contacts with other right-wing extremists, a decision that Breivik is appealing.
If the state loses the appeal, Breivik's prison regime will have to be revised. The government could decide to take the case to the Norwegian Supreme court. A ruling is expected in February.
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Supreme Court won’t hear Giordano appeal in child-sex case
Lawyer News |
2017/01/10 16:34
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The U.S. Supreme Court has again refused to hear an appeal by former Waterbury Mayor Philip Giordano, who is fighting a 37-year prison sentence for sexually abusing two young girls while in office.
The court’s decision was released Monday. Justices previously refused to hear two earlier appeals by Giordano.
Giordano was challenging a federal appeals court decision in June to dismiss his request to set aside or correct his sentence. Giordano says the prison sentence is unconstitutional and his lawyer during his 2003 trial, Andrew Bowman, made several mistakes.
Bowman has denied that he provided ineffective counsel.
A federal jury convicted Giordano in 2003 of violating the civil rights of two girls, ages 8 and 10, by sexually abusing them in the mayor’s office and other locations.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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