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Assange loses latest bid to stop extradition to the U.S. on spying charges
Attorney News | 2023/06/09 14:18
A British judge has rejected the latest attempt by WikiLeaks founder Julian Assange to fight extradition to the United States to face spying charges.

High Court justice Jonathan Swift said a new appeal would simply “re-run” arguments that Assange’s lawyers had already made and lost.

Assange has battled in British courts for years to avoid being sent to the U.S., where he faces 17 charges of espionage and one charge of computer misuse over WikiLeaks’ publication of classified diplomatic and military documents more than a decade ago.

In 2021, a British district judge ruled that Assange should not be extradited because he was likely to kill himself if held under harsh U.S. prison conditions. U.S. authorities later provided assurances that the Australia-born Assange wouldn’t face the severe treatment that his lawyers said would put his physical and mental health at risk.

Those assurances led Britain’s High Court and Supreme Court to overturn the lower court’s ruling, and the British government authorized extradition in June 2022.

Assange is seeking to halt extradition by obtaining a new court hearing on parts of his case that were dismissed by the first judge.

But in a ruling made public on Friday, Swift said all eight parts of Assange’s potential appeal were not “arguable” and should not be heard.

“The proposed appeal comes to no more than an attempt to re-run the extensive arguments made to and rejected by the district judge,” he said.

Assange’s wife, Stella Assange, said the WikiLeaks founder would make a new appeal attempt at a High Court hearing on Tuesday. He has almost exhausted his avenues of appeal in the U.K. but could still try to take his case to the European Court of Human Rights.


Maryland mulls ending child sexual abuse lawsuit time limits
Attorney News | 2023/02/24 15:16
Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.

Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.

Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.

This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.

Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.

In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again.


Federal appeals court strikes down domestic violence gun law
Attorney News | 2023/02/03 10:20
A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns — the latest domino to fall after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.

Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns.

A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person’s individual right to own a gun.

But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.”

The appeals court withdrew its original decision and on Thursday decided to vacate the man’s conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional.

Specifically, the court ruled that the federal law was an “outlier that our ancestors would never have accepted” — borrowing a quote from the Bruen decision.

The decision came from a three-judge panel consisting of Judges Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Donald Trump, while Jones was nominated by former Republican President Ronald Reagan.


Military police enforce driving ban in snow-stricken Buffalo
Attorney News | 2022/12/27 09:35
State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.

Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.

“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.

The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.

The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.


North Dakota woman who brought raccoon to bar gets probation
Attorney News | 2022/12/24 12:18
A woman who brought a wild raccoon into a bar earlier this year will spend a year on probation.

On Tuesday, Erin Christensen of Maddock, 38, pleaded guilty to misdemeanor charges of providing false information to law enforcement, tampering with evidence and unlawful possession of a live furbearer, reported the Bismarck Tribune.

Northeast District Judge Donovan Foughty gave her a suspended six-month jail sentence and a year on probation. He also ordered her to pay $1,100 in fines and fees.

She faced a maximum sentence of about two years in jail and $7,500 in fines.

According to court documents, Christensen said her family found the raccoon, nicknamed Rocky, on the side of a road and was nursing it back to health when she brought it into the bar on Sept. 6. A bartender said Rocky didn’t got loose nor did he bite anyone but state health officials still issued a warning about potential rabies exposure.

Authorities arrested Christensen on Sept. 14 after serving several search warrants in and around Maddock to find her and the raccoon. According to court documents, she wouldn’t disclose Rocky’s location.

Keeping a wild raccoon as a pet is illegal under state law — as is keeping a bat or skunk because they are known carriers of rabies, according to North Dakota’s Game and Fish website. Authorities ultimately euthanized the racoon, who tested negative for rabies.

Christensen has said Rocky’s fate has left her family traumatized.


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