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Former Haitian rebel leader due in US court on drug charges
Law News | 2017/01/01 20:25
A former Haitian rebel leader who was recently elected senator in Haiti has been brought to the U.S. to face longstanding federal drug trafficking charges.

Court records show that Guy Philippe is to make his initial appearance Friday afternoon in Miami federal court. Philippe was flown to the U.S. following his arrest Thursday in the Haitian capital while he appeared on a live radio show.

Philippe faces several drug trafficking charges including conspiracy to import cocaine into the U.S. He has long maintained his innocence and blamed the accusations on political enemies.

Philippe was recently elected to the Haitian Senate. A former police chief, Philippe was a key part of a 2004 uprising that ousted then-President Jean-Bertrand Aristide. It wasn't immediately clear if Philippe is represented by a U.S. lawyer.



Supreme Court pauses Alabama execution of convicted murderer
Law Firm News | 2016/12/22 00:02
The U.S. Supreme Court late Thursday temporarily paused Alabama's plans to execute a man convicted of killing a convenience store clerk, after defense lawyers argued that a judge unfairly imposed the death penalty after a jury recommended life in prison.

The court had narrowly ruled just a short while earlier Thursday evening that the execution could proceed, although four liberal justices said they would have halted the execution. However, the court then issued a temporary stay — its second of the evening — as attorneys for the condemned inmate quickly sought a reconsideration after that narrow decision.

While the whirlwind of judicial activity unfolded, Ronald Bert Smith Jr., 45, remained steps away from the prison chamber where he was scheduled to receive a lethal injection Thursday evening for the Nov. 8, 1994, shooting death of Huntsville store clerk Casey Wilson. It would be Alabama's second execution this year if carried out.



Woman charged in twin's Hawaii death due in Albany court
Legal Business | 2016/12/21 00:02
A woman accused of killing her twin sister by driving their SUV off a cliff in Hawaii is expected to clear the way for her extradition from upstate New York.

Alexandria Duval is expected to waive her right to an extradition hearing in an Albany court on Friday morning. Duval's lawyer says she wants to get back to Hawaii and defend herself against a second-degree murder charge.

Authorities in Hawaii say Duval was driving an SUV in May with her sister, Anastasia, in the passenger seat when the vehicle crashed into a rock wall and plunged about 200 feet.

The 38-year-old traveled to upstate New York after an initial indictment stemming from the fatal crash was dismissed by a judge earlier this year. She was arrested in Albany last month.



Arkansas Court Upholds Gay Marriage Birth Certificate Law
Lawyer Blog Updates | 2016/12/21 00:02
Arkansas' highest court on Thursday threw out a judge's ruling that could have allowed all married same-sex couples to get the names of both spouses on their children's birth certificates without a court order, saying it doesn't violate equal protection "to acknowledge basic biological truths."

The state Supreme Court also issued a rare admonishment to Pulaski County Circuit Judge Tim Fox, saying he made "inappropriate remarks" in his ruling that struck down the birth certificate law. Fox had cited the U.S. Supreme Court's decision legalizing gay marriage in his ruling last year that said married same-sex couples should have both names listed on their children's birth certificates, just as heterosexual married couples do, without requiring a court order.

In the state Supreme Court's decision Thursday, the justices sided with the state attorney general's office, saying Arkansas has a vested interest in listing biological parents on birth certificates.

"What is before this court is a narrow issue of whether the birth-certificate statutes as written deny the appellees due process," Justice Josephine Linker Hart wrote in the court's majority opinion. "...In the situation involving the female spouse of a biological mother, the female spouse does not have the same biological nexus to the child that the biological mother or the biological father has. It does not violate equal protection to acknowledge basic biological truths."

Cheryl Maples, who sued on behalf of three same-sex couples, said she hasn't decided yet whether to appeal to the U.S. Supreme Court. The three couples who sued were allowed to amend their children's birth certificates last year under a ruling issued by Fox.


Populist lawmaker Wilders convicted of anti-Moroccan chants
Headline Legal News | 2016/12/20 00:02
Populist anti-Islam lawmaker Geert Wilders was found guilty Friday of insulting and inciting discrimination against Moroccans, a conviction he immediately slammed as a "shameful" attack on free speech and an attempt to "neutralize" him.

Presiding Judge Hendrik Steenhuis said the court would not impose a sentence because the conviction was punishment enough for a democratically elected lawmaker.

Wilders was not in court for the verdict that came just over three months before national elections. His Party for Freedom is narrowly leading a nationwide poll of polls and has risen in popularity during the trial.

Wilders quickly released a video message, in English and Dutch, slamming the judgment and vowing to appeal.

"Today, I was convicted in a political trial which, shortly before the elections, attempts to neutralize the leader of the largest and most popular opposition party," Wilders said. "They will not succeed."

Even before the hearing, Wilders had vowed not to be silenced. "Whatever the verdict, I will continue to speak the truth about the Moroccan problem, and no judge, politician or terrorist will stop me," he tweeted.

The politically charged prosecution centered on comments Wilders made before and after the Dutch municipal elections in 2014. At one meeting in a Hague cafe, he asked supporters whether they wanted more or fewer Moroccans in the Netherlands. That sparked a chant of "Fewer! Fewer! Fewer!" — to which he replied, "we'll take care of it."

Prosecutors say that Wilders, who in 2011 was acquitted at another hate speech trial for his outspoken criticism of Islam, overstepped the limits of free speech by specifically targeting Moroccans.



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