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South African court says marijuana use in private is legal
Legal Career News |
2018/09/18 12:29
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South Africa's top court says adults can use marijuana in private.
The Constitutional Court on Tuesday upheld a provincial court's ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.
Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.
The top court says an adult can cultivate cannabis in "a private place" as long as it is for personal consumption in private. It says the right to privacy "extends beyond the boundaries of a home."
The court says it would be up to a police officer to decide if the amount of marijuana in someone's possession is for dealing or personal consumption.
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Belgian court rules out extradition for Spanish rapper
Legal Interview |
2018/09/17 12:30
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A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.
The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.
"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.
Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.
"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."
The ruling could re-ignite tensions between Belgium and Spain over extradition demands.
Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him. |
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Sotomayor tells kids: Reading helped me reach Supreme Court
Court Press News |
2018/09/16 12:29
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Justice Sonia Sotomayor says reading helped her reach the Supreme Court.
Sotomayor on Sunday celebrated the release of her two children's books by speaking to parents and children at the Newark Public Library in New Jersey.
The Star-Ledger of Newark reports she said she never dreamed she would become a Supreme Court justice because she didn't know what one was when she was a child. She says her mother made sure books were part of her upbringing.
Sotomayor's books, "Turning Pages: My Life Story" and "The Beloved World of Sonia Sotomayor!" examine how her family and her determination moved her through life. |
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Egypt court returns ex-president Mubarak's 2 sons to prison
Legal Opinions |
2018/09/14 12:30
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Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said.
They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media.
The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions.
The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled.
The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule.
The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices. |
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States urge Supreme Court to hear Kennedy cousin case
Legal Interview |
2018/09/13 12:30
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Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.
The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.
The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.
Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.
The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny. |
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