|
|
|
China court reduces sentence of American Wendell Brown
Lawyer News |
2018/12/06 22:20
|
A Chinese court has reduced the prison sentence for former college football player and American citizen Wendell Brown from four years to three for his involvement in a bar fight, a rights monitoring group said Wednesday.
Brown, a native of Detroit who played for Ball State University in Indiana, had been teaching English and American football in southwest China when he was arrested in September 2016 and charged with intentional assault. He denied hitting a man at a bar and said he was defending himself after being attacked.
The San Francisco-based Dui Hua Foundation said Brown will be transferred from a detention center to a prison in the southwestern city of Chongqing, from where he can then apply for early release. He is now due to be set free on Sept. 24, 2019.
The court issued no official statement and an assistant judge in the case, reached by phone, directed inquiries to the court's management office, which did not immediately respond to faxed questions seeking comment.
Brown, 31, was convicted on June 28 and his reduction in sentence is one of an estimated 15 percent of appeals that are successful in China, Dui Hua said. Friends, family and supporters had hoped he would be immediately deported, as is allowed under Chinese law.
"While this is not the result we hoped for it is nevertheless the best that could be achieved," the group's executive director, John Kamm, said in an emailed statement.
|
|
|
|
|
|
|
Supreme Court to hear closely watched double jeopardy case
Attorney Career |
2018/12/06 13:38
|
The Supreme Court is set to hear arguments about an exception to the Constitution's ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.
The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.
The high court is considering whether to overturn a court-created exception to the Constitution's double-jeopardy bar that allows state and federal prosecutions for the same crime. The court's ruling could be relevant if President Donald Trump were to pardon someone implicated in
Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It's by no means certain that the high court ruling will affect future prosecutions.
But Trump's Justice Department is urging the court not to depart from what it says is an unbroken line of cases reaching back nearly 170 years in favor of allowing prosecutions by state and federal authorities. Thirty-six states that include Republican-led Texas and Democratic-led New York are on the administration's side, as are advocates for Native American women who worry that a decision for Gamble would make it harder to prosecute domestic and sexual violence crimes. |
|
|
|
|
|
|
Indian court orders Briton held during copter bribery probe
Attorney Career |
2018/12/04 13:41
|
An Indian court on Wednesday ruled that officials may hold a British man while they investigate him for alleged bribery in a canceled $670 million helicopter deal between India and an Italian defense company.
Judge Arvind Kumar allowed Briton Christian James Michel to meet briefly with his attorney, who sought unsuccessfully to have him released on bail while the charges are investigated. Michel was extradited to India from Dubai on Tuesday to face charges of channeling bribes to Indian contacts.
Michel was detained in Dubai last year after India asked the United Arab Emirates for his extradition.
Indian investigators said in court documents that Michel transferred the money from a British subsidiary of Finmeccanica, which has since been renamed Leonardo S.p.A.
In 2014, India received three of 12 AW101 helicopters it had ordered to fly senior officials but then halted the deal after the bribery allegations surfaced.
The Central Bureau of Investigation said Michel was a frequent visitor to India when the deal was being negotiated and "was operating as a middleman for defense procurements through a wide network of sources cultivated in the Indian Air Force and Ministry of Defense at different levels, including retired and serving officials."
Indian investigators want Michel to reveal the names of Indian politicians involved in the alleged scheme. The opposition Congress party was ruling the country at the time.
With national elections due in March-April, Prime Minister Narendra Modi's Hindu nationalist party is expected to try to embarrass the Congress party, its main rival, if Michel names some of its leaders as beneficiaries in the helicopter deal.
India is upgrading its military and has become the world's biggest arms and defense equipment buyer in recent years. Arms deals have often been marred by allegations that foreign companies paid huge kickbacks to Indian officials.
|
|
|
|
|
|
|
Rwandan court drops all charges against opposition figure
Court Watch |
2018/12/04 13:39
|
Rwanda’s high court on Thursday acquitted the country’s most prominent opposition figure of all charges related to her election challenge of President Paul Kagame, as judges said the prosecution failed to provide proof of insurrection and forgery.
Diane Rwigara’s case has drawn global attention as Kagame again faces pressure to give more space to critics in this highly controlled East African country.
Rwigara’s mother, Adeline, 59, also was acquitted of inciting insurrection and promoting sectarianism. Both women had denied the charges.
The courtroom, packed with diplomats and supporters, erupted in applause as Diane Rwigara and her mother were overcome with tears. Excited relatives who had prayed before the hearing for protection swarmed them with hugs.
The 37-year-old Rwigara, who had denounced the charges as politically motivated, had faced 22 years in prison if convicted. She was arrested after trying to run in last year’s election, and is the rare person to publicly criticize the government from inside the country.
“I will continue my campaign to fight for the rights of all Rwandans,” a surprised but happy Rwigara told reporters after celebrating. “This is the beginning, because there’s still a lot that needs to be done in our country.”
She said she will move ahead with her People Salvation Movement, an activist group launched shortly before her arrest to encourage Rwandans to hold their government accountable. And she thanked everyone who pressured the government to free her.
U.S. senators in recent days urged Rwanda’s government to drop the charges against her, with Sen. Dick Durbin noting “what appears to be highly questionable charges against Rwigara for seemingly running for office peacefully.”
In response, Rwanda’s justice minister told reporters that courts should not be pressured by third parties. |
|
|
|
|
|
|
EU court adviser: Britain could change its mind on Brexit
Court Watch |
2018/12/02 13:43
|
A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.
Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.
Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.
The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.
Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own.
The EU's governing Commission and Council oppose unilateral revocation, arguing it requires unanimous agreement of the 27 remaining members of the bloc.
|
|
|
|
|
|
|
Indicted US lawmaker to return to court after re-election
Legal Center |
2018/12/01 13:46
|
Indicted Republican Rep. Duncan Hunter Will is set to return to court Monday for the first time since being re-elected to a sixth term in California amid corruption charges.
The congressman and his wife have pleaded not guilty to a 60-count indictment alleging they spent more than $250,000 in campaign finance funds on family trips, tequila shots and other items. A judge could set a trial date at the hearing in San Diego.
Hunter, a 41-year-old Marine veteran, has said he is looking forward to the trial to defend his name.
Prosecutors say the couple used campaign money to go on $11,000 shopping sprees at Costco and to buy more than $400 in tequila shots. They also went to Italy and Hawaii with their children on the campaign's dime, according to the indictment.
The couple tried to cover their tracks by lying on their campaign reports to the Federal Election Commission, prosecutors say.
|
|
|
|
|
|
Lawyer News RSS Feed
