Tuesday, March 11, 2014
Coast Guardsman guilty in sexual misconduct case
Coast Guard officials in New Orleans say a petty officer has been convicted and sentenced on charges involving sexual assault and possession of child pornography.
Petty Officer 2nd Class Christopher C. Bush's court martial was held in Norfolk, Va.
A Coast Guard news release said the 28-year-old Bush was convicted Friday on four violations of a Uniform Code of Military Justice article dealing with rape and sexual assault and one involving child pornography.
The crimes involved a junior Coast Guard woman and a civilian woman. They happened between January 2010 and May 2013 while Bush was stationed at a unit in New Orleans. The Coast Guard said it was not releasing the name of the unit to protect the privacy of the victims.
3 California men plead guilty in alleged pot grow
Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July.
Thursday, March 6, 2014
Court upholds $185 million award against Argentina
The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.
BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.
Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.
But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case.
Monday, February 3, 2014
Pakistan court dismisses Musharraf medical request
A Pakistani court hearing the case against former military ruler Pervez Musharraf on charges of high treason rejected Friday a request that he be allowed to go abroad for treatment, his lawyer and a court official said.
Instead, they said, it issued an arrest warrant for the retired general. But the warrant is "bailable" — meaning he can avoid jail by applying for bail and depositing a bond of 2.5 million rupees (about $20,000). The court said it didn't have the authority to remove his name from the exit control list which restricts him from going abroad.
While Musharraf can't leave the country, it's unlikely he would actually end up in handcuffs immediately and still unclear whether he will ever appear in court — a scene that could be humiliating not just to Musharraf, but to the country's politically powerful military.
The judges' decision is the latest in the legal battles that Musharraf has faced ever since returning to his homeland in March 2013 to take part in the country's elections. Instead of returning to a hero's welcome, he was almost immediately hit with a barrage of cases, threats from the Pakistani Taliban and was disbarred from running in the election.
A lawyer for Musharraf, Mohammed Ali Saif, said the judges ruled that Musharraf must appear in court on Feb. 7.
"We are of the view that no reasonable excuse has been offered to justify the failure of the accused to appear before the court, there is no alternate except to issue a bailable warrant of arrest for the accused," said the court registrar Abdul Ghani Soomro, reading from the court's decision.
Musharraf seized power in a 1999 coup, but became deeply unpopular and was forced to step down in 2008. He later left the country. The high treason case stems from his 2007 decision to impose a state of emergency and detain judges.
Monday, January 6, 2014
Ohio courts must report mental health info
Courts in Ohio must now report certain mental health information about people convicted of violent crimes for inclusion in a law enforcement database.
A rule approved by the Ohio Supreme Court requiring that notification took effect Jan. 1. The court devised the form to be submitted to law enforcement after legislation was approved last year.
The law requires judges to report ordering mental-health evaluations or treatment for people convicted of a violent crime or approving conditional release for people found incompetent to stand trial or not guilty by reason of insanity.
The legislation was introduced after a Clark County sheriff's deputy was fatally shot in 2011 by a man with a criminal history who was conditionally released from a mental health institution.
Friday, December 20, 2013
Pa. court sides with towns in gas drilling fight
The highest court in Pennsylvania, heart of the country's natural gas drilling boom, on Thursday struck down significant portions of a law that limited the power of local governments to determine where the industry can operate _ rules the industry sought from Republican Gov. Tom Corbett and lawmakers.
In a 4-2 decision, the Pennsylvania Supreme Court ruled the industry-friendly rules set out by the 2012 law violated the state constitution, although the majority did not entirely agree on why they were unconstitutional.
Seven municipalities had challenged the law that grew out of the state's need to modernize 20-year-old drilling laws to account for a Marcellus Shale drilling boom made possible by innovations in technology, most notably horizontal drilling and hydraulic fracturing. The process, also called fracking, has drawn widespread criticism from environmentalists and many residents living near drilling operations.
"Few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones," wrote Chief Justice Ron Castille. He said the law's rules represented an unprecedented "displacement of prior planning, and derivative expectations, regarding land use, zoning, and enjoyment of property."
The high court's decision comes at a time when the energy industry is increasingly able to capture oil and gas from previously unreachable formations and, as a result, is bumping up against suburban and urban expectations of land use in states including Texas, Colorado and Ohio, where a similar legal challenge is underway.
The 2012 law restricted local municipalities' ability to control where companies may place rigs, waste pits, pipelines and compressor and processing stations, although the new zoning rules never went into effect because of court order after the towns sued. A narrowly divided lower court struck them down in 2012, but Corbett appealed, saying lawmakers have clear authority to override local zoning.
Wednesday, November 6, 2013
Federal appeals court halts horse slaughterhouses
A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.
The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.
The Humane Society filed an immediate appeal and won an emergency injunction.
"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."
Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.
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