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Bulgarian court to eye revoking parole for Australian man
Stock Market News | 2019/09/24 22:49
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.

The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.

The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.

The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.

Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.

The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.

Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole.


High Court overturns city mandate on construction projects
Headline Legal News | 2019/09/22 22:50
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.

A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.

The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.

Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.

Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.



Gorsuch says US Supreme Court not split on partisan lines
Stock Market News | 2019/09/19 22:54
The conventional wisdom that the court is split along partisan lines based on the political views of the president that appointed each justice is false, a U.S. Supreme Court justice said.

Justice Neil Gorsuch spoke about civility to an audience of about 1,000 at Brigham Young University on Friday, refuting the notion that judges are just "like politicians with robes."

Gorsuch is considered one of the Supreme Court's most conservative members, though he recently agreed with more liberal colleagues in a decision reaffirming a criminal defendant's right to a jury trial.

Gorsuch denied that justices' decisions are predictable, the Salt Lake Tribune and the Deseret News reported. Gorsuch noted he uses the original meaning of the Constitution to guide his judicial decisions, in contrast with judges who believe interpretations of the document should evolve over time.



Buffalo Chip takes quest to become town before Supreme Court
Headline Legal News | 2019/09/16 22:52
The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."


Court: First Amendment protects “hate group” label
Securities Class Action | 2019/09/13 22:54
A federal judge has ruled that a liberal advocacy group has a First Amendment right to call a Christian ministry a hate group for its opposition to homosexuality.

U.S. District Judge Myron Thompson, in a 141-page decision issued late Thursday, threw out a complaint filed by the Florida-based Coral Ridge Ministries Media Inc. against the Southern Poverty Law Center of Montgomery.

Coral Ridge, also called James Kennedy Ministries of Fort Lauderdale, sued the nonprofit law center, Amazon and others in 2017 because it wasn’t included in a program that lets Amazon customers donate to nonprofit groups. The suit said the refusal was because the law center had labeled the ministry a hate group for its stance against homosexual behavior.

The judge ruled that the liberal watchdog organization has a free-speech right to make the claim, but he didn’t address whether the ministry is a hate organization.

Attorneys representing the ministry did not immediately respond to an email seeking comment. In a statement, the Southern Poverty Law Center said the decision is a win for groups that want to “share their opinions and educate the public.”

“Any organization we list as a hate group is free to disagree with us about our designation, but this ruling underscores that the designation is constitutionally protected speech and not defamatory,” said Karen Baynes-Dunning, interim president of the organization.



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