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NC high court reviews death penalty of man who beheaded wife
Legal Focuses |
2017/10/09 09:31
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North Carolina's highest court is reviewing whether justice means the death penalty for a survivor of El Salvador's blood-soaked civil war of the 1980s who strangled and then decapitated his estranged wife.
The state's Supreme Court hears oral arguments Monday on whether the state can execute 41-year-old Juan Carlos Rodriguez of Winston-Salem for the 2010 murder of his wife, Maria. The high court automatically reviews death cases.
North Carolina is rare among southern states in that it hasn't had an execution in more than a decade because of various legal challenges. While the state has continued to suffer 500 to 600 murders a year, prosecutors have sought the death penalty only a handful of times each year and juries have condemned killers in only a fraction of those cases.
Rodriguez's children told investigators their father beat and bloodied Maria Rodriguez after she told them she was leaving in November 2010. He tossed the woman's still-breathing body over his shoulder, placed her in his vehicle, and said he was taking her to a hospital. Maria's body and severed head were found at different locations three weeks later, after Juan was already jailed for her kidnapping.
Justices are holding hearings in the case for the second time in almost exactly a year. Monday's hearing comes after the U.S. Supreme Court ruled this spring that states needed to use current medical standards in deciding whether a killer is so mentally disabled he can't be executed. The U.S. constitution bans "cruel and unusual punishments," and that has been interpreted to prohibit executing people with severe mental shortcomings.
Rodriguez's IQ was estimated several times at below 70, a threshold for significantly impaired intellectual functioning. But accused killers in North Carolina also must show significant inability to adapt to daily life and that their mental handicaps were evident before adulthood.
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Court: Movie theaters must accommodate deaf-blind patrons
Legal Focuses |
2017/10/04 09:29
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Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark theater in Pittsburgh to supply a "tactile interpreter." The theater denied his request.
The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.
The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish "auxiliary aids and services" to patrons with vision, hearing and speech disabilities. |
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Legal Focuses |
2017/09/12 11:00
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An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.
The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.
The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.
Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.
He fled India after the bombings and was later arrested by police in Portugal.
The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.
Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.
The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.
Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India.
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Chicago's lawsuit over sanctuary city threat goes to court
Legal Focuses |
2017/09/11 09:04
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Chicago is asking a federal judge to block President Donald Trump's administration from following through on its threat to withhold public safety grants to so-called sanctuary cities.
Attorneys for the city will be in court Monday to argue their case. Mayor Rahm Emanuel has said Chicago won't "be blackmailed" into changing its values as a city welcoming of immigrants.
Trump's policy stands to withhold public safety grants unless cities agree to tougher enforcement of immigrations laws. Chicago is among several cities refusing to cooperate.
Chicago sued the U.S. Department of Justice last month, arguing the new federal requirements are unconstitutional.
U.S. Attorney General Jeff Sessions has warned that Chicago would forfeit its rights to the federal funds if it insists on violating the "rule of law."
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EU court rejects Hungary, Slovakia appeal in refugee case
Legal Focuses |
2017/09/04 09:06
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The European Union's top court on Wednesday rejected legal action by Hungary and Slovakia to avoid accepting refugees under an EU scheme, a decision seen as a victory for countries bearing the greatest burden of Europe's migrant wave.
In a long-awaited ruling, the European Court of Justice said that it had "dismissed in its entirety the actions brought by Slovakia and Hungary."
EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 27,700 people have been moved so far. Hungary and Slovakia were seeking to have the legally binding move annulled.
Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.
The refugee scheme was adopted by the EU's "qualified majority" vote — around two thirds — and the ECJ held that this was appropriate, saying the EU "was not required to act unanimously" on this decision.
The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including "the lack of cooperation on the part of certain member states."
Slovakian Prime Minister Robert Fico said he respected the court decision, but that his government still does not like the relocation scheme, which some see as a system of quotas imposed on countries by unelected EU bureaucrats in Brussels.
"We fully respect the verdict of the European Court of Justice," Fico told reporters, adding that his country's negative stance on the relocation plan "has not changed at all."
Fico said the scheme was a temporary solution. He says he believes his country doesn't face any sanctions from the EU over its stance. EU officials say the relocation of eligible asylum-seekers in Greece and Italy will continue even after the scheme ends.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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