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Indonesia court upholds seizure of illegal fishing vessel
Legal News Interview |
2017/10/28 00:10
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Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.
Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.
Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.
The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.
Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing. |
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Lawyers want Supreme Court to block Texas from executing man
Legal News Interview |
2017/10/03 00:12
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Attorneys for an inmate convicted in a prison guard's death are asking the U.S. Supreme Court to halt his Thursday evening execution.
Robert Pruett's lawyers want justices to review whether lower courts properly denied a federal civil rights lawsuit that sought additional DNA testing in the case. They are also questioning whether a prisoner who claims actual innocence, as Pruett does, can be put to death.
If the execution is carried out Thursday, Pruett would be the sixth prisoner executed this year in Texas, which carries out the death penalty more than any other state. Texas put seven inmates to death last year. His execution would be the 20th nationally, matching the U.S. total for all of 2016.
Pruett avoided execution in April 2015, when a state judge halted his punishment just hours before he could have been taken to the death chamber. His lawyers had convinced the judge that new DNA tests needed to be conducted on the steel rod used to stab the 37-year-old Nagle.
The new tests showed no DNA on the tape but uncovered DNA on the rod from an unknown female who authorities said likely handled the shank during the appeals process after the original tests in 2002.
In June, Pruett's execution was rescheduled for October. Pruett's attorneys then unsuccessfully sought more DNA testing and filed a federal civil rights lawsuit in August, arguing Pruett had been denied due process. The 5th U.S. Circuit Court of Appeals rejected the lawsuit last week, and Pruett's attorneys appealed to the U.S. Supreme Court on Tuesday.
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Legal News Interview |
2017/09/12 08:47
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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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Missouri Supreme Court rejects request to stop execution
Legal News Interview |
2017/08/16 12:27
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The Missouri Supreme Court on Tuesday denied a motion from attorneys seeking to halt the execution of a man scheduled to die next week but did not explain its decision.
Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.
In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.
"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"
After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.
"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."
Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review. |
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Mental health court established for offenders on probation
Legal News Interview |
2017/08/08 11:26
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A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.
Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.
People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.
The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.
The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.
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