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Berlusconi appeals case to European rights court
Topics in Legal News |
2013/09/09 22:18
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Former Premier Silvio Berlusconi is turning to Europe's human rights court in a bid to avoid a ban on public office and other punishments for his tax fraud conviction, the media mogul's aides said Sunday.
The politician and media magnate was found guilty of artificially inflating the amounts paid for film rights by his Mediaset empire to reduce the company's tax liabilities. Berlusconi claims he is an innocent victim of magistrates who sympathize with the left, but the verdict was upheld by Italy's top criminal court last month.
His top aide, Angelino Alfano, said the petition to the Strasbourg, France-based tribunal "shows that the Berlusconi case isn't closed."
Alfano didn't say when or on what grounds the petition to the European rights court was filed. But, "we are really confident, that at the European level, we can reach a finding of innocence that so far in Italy hasn't been possible," he said.
Italy's Court of Cassation confirmed a four-year prison term — though Berlusconi is unlikely to actually serve it — and also ordered a Milan appeals court to determine the length of a ban on serving in public office from one to three years.
A Senate panel Monday starts formally discussing if Berlusconi must surrender his Senate seat. That deliberation isn't based on the ban ordered by the Cassation Court, but a 2012 law says those sentenced to more than two years in prison are ineligible to hold public office for six years.
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Minn. Supreme Court sides with HIV-positive man
Topics in Legal News |
2013/08/26 11:59
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The Minnesota Supreme Court rejected a prosecutor's effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man, ruling Wednesday that the statute under which he was convicted was ambiguous.
Groups supporting gay rights said the ruling affirms the need for government to respect the personal and private decisions of consenting adults regarding sexual intimacy. The prosecutor contended the case was never a civil rights issue, but rather about protecting the public from people who know they're infected but practice unprotected sex anyway.
The high court affirmed a Court of Appeals decision that reversed the attempted first-degree assault conviction of Daniel James Rick, 32, of Minneapolis, who learned he was HIV positive in 2006. He had consensual sex several times starting in early 2009 with a man identified in court papers as D.B., who tested positive that October.
A jury acquitted Rick in 2011 under the first part of a Minnesota statute that applies to cases involving sex without first informing the other person that the defendant has a communicable disease. But it convicted him under another section that the Supreme Court ruled Wednesday applies only "to the donation or exchange for value of blood, sperm, organs, or tissue and therefore does not apply to acts of sexual conduct." |
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Ill. Supreme Court ends challenge to abortion law
Topics in Legal News |
2013/07/11 09:38
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The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.
The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.
After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.
Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.
Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.
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Court strikes down Arizona 20-week abortion ban
Topics in Legal News |
2013/05/21 11:17
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A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.
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Strip shooting-crash suspect gets lawyer in Vegas
Topics in Legal News |
2013/04/18 00:51
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A self-described pimp who once posted online images of himself with fists full of cash told a Las Vegas judge on Wednesday that he had no money to hire a lawyer to defend himself against charges that he killed three people in a shooting and fiery crash Feb. 21 on the Strip.
Ammar Harris, 27, stood in shackles and told Justice of the Peace Deborah Lippis that he understood he faces 11 felonies, including murder, attempted murder and seven discharging a weapon counts.
Harris wasn't asked to enter a plea. The judge appointed two public lawyers to defend him, ordered him held without bail and set his next court appearance for April 29.
Clark County District Attorney Steve Wolfson said the case is a top priority and prosecutors will consider seeking the death penalty.
Harris is accused of firing fatal shots before dawn Feb. 21 from a black Range Rover into a Maserati sports car that then slammed into a taxi, killing the cab driver and a tourist from Washington state.
Defense lawyers David Schieck and Randall Pike said Harris plans to plead not guilty and fight the charges. They declined to speak about evidence in the case.
Tehran Boldon, younger brother of taxi driver Michael Boldon, who was killed, called it difficult to maintain composure in the courtroom, where Harris avoided eye contact.
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