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India's top court grants equal rights to women in army
Topics in Legal News | 2020/02/11 10:57
India’s top court on Monday ordered the federal government to grant permanent commission and command positions to female officers in the army on par with men, asserting that the government's arguments against the policy were based on gender stereotypes.

The court’s decision, seen as a watershed moment for the Indian military, would mean that women can extend their short service roles in noncombat support units such as education, law and logistics until they want to retire and rise to the rank of Colonel, based on merit.

Currently, female officers can serve for only 10 to 14 years in the army.

“This is a historic decision and a significant day for not only those who are serving in the army but for also those who are desirers of joining forces,” said Lt. Col. Anjali Bisht.

The Supreme Court’s decision, however, does not mean that female officers will serve in army combat units such as the infantry, artillery or armored corps.

Monday's decision comes days after the government told the court that women were not suitable for commanding posts in the army, saying male troops were not prepared yet to accept female officers. It also said that male and female officers could not be treated equally when it came to postings because the “physical capacity of women officers remains a challenge for command of units.”

The court said in its order that such arguments were against the concept of equality.


Spanish court keeps former Mexican oil chief in detention
Attorney News | 2020/02/10 10:59
A Spanish court ruled Thursday that a former head of Mexico’s state oil company must remain in custody while an extradition case is heard against him.

A judge ruled that Emilio Lozoya is a flight risk, according to a statement from the National Court in Madrid.

Mexico issued international arrest warrants against Lozoya last year as a result of corruption investigations. Lozoya has denied wrongdoing.

When he was arrested Wednesday in the southeastern Spanish port of Malaga, Lozoya had a driving license bearing his photograph but a different name, according to the court statement. The judge took that as an attempt to evade justice.

Spanish authorities said Lozoya had entered Spain two days earlier, but a search had been on for him throughout Europe since May.


Court fight over lost dog survives after dog's owner dies
Headline Legal News | 2020/02/09 19:01
A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.

The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.

Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.

A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.

Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.

The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration.



WADA asks sports court to open Russia case to public hearing
Court Watch | 2020/02/06 18:57
The World Anti-Doping Agency wants a rare public hearing for sport’s highest court to judge a four-year slate of punishments faced by Russia for persistent cheating.

The Court of Arbitration for Sport is preparing a hearing expected within weeks for the blockbuster case in Switzerland.

“It is WADA’s view and that of many of our stakeholders that this dispute at CAS should be held in a public forum to ensure that everybody understands the process and hears the arguments,” the Montreal-based agency’s director general, Olivier Niggli, said in a statement.

Urged on by President Vladimir Putin, Russia’s anti-doping agency, known as RUSADA, is formally challenging a WADA ruling in December to declare it non-compliant after key data from the Moscow testing laboratory was corrupted.

The CAS panel of three judges will have power to enforce WADA-recommended sanctions including a ban on Russia’s team name, flag and anthem at Olympic Games and world championships.

WADA also wants Russian athletes to compete as neutrals at the Olympics and major events only if they pass a vetting process which examines their history of drug testing and possible involvement in lab cover-ups of positive tests.

CAS hearings can be opened to media and public observers in some cases when both parties consent.

The court held its first public hearing for 20 years in November when WADA appealed a ruling by swimming’s world body not to ban China’s three-time Olympic gold medalist Sun Yang for alleged doping rule violations.


Missouri county sued over jail time for unpaid court costs
Court News | 2020/02/03 18:58
A Missouri man at the heart of a state Supreme Court case that overturned what critics called modern-day debtors’ prisons is back in jail and suing the local officials who put him there.

Warrensburg resident George Richey, 65, is one of two Missouri men who sued over boarding costs for time spent in county jails, which are commonly referred to as board bills.

Richey spent 65 days in jail in 2016 for not paying past board bills. Supreme Court judges last year unanimously sided with him, writing in an opinion that while inmates are responsible for those costs, “if such responsibilities fall delinquent, the debts cannot be taxed as court costs and the failure to pay that debt cannot result in another incarceration.”

The nonprofit legal defense organization ArchCity Defenders on Tuesday sued St. Clair County and Associate Circuit County Judge Jerry Rellihan on behalf of Richey for the harm caused by his unlawful imprisonment.

Richey’s lawyers wrote in a Tuesday court filing that the time he spent in jail meant he lost “his home, all of his personal belongings, and lived in constant fear of arrest for the past four years.”

“I have the clothes on my back, but that’s it. This has caused me to lose everything,” Richey said in a statement. “I’m not the only one these counties are picking on, and I’m taking a stand because these crooked practices can’t continue.”

Associated Press requests for comment to St. Clair County officials were not immediately returned Wednesday.

Richey’s lawyers also argued that the judge retaliated against him for taking his board bill case to the Supreme Court.

Three months after the high court’s ruling, Rellihan sentenced Richey to more than two years in county jail for probation violations and misdemeanor counts of assault, trespassing and disturbing the peace.


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