Wednesday, August 29, 2018

Indian Supreme Court orders house arrest for activists

India's top court ordered Wednesday that five prominent rights activists arrested for alleged Maoist links be kept under house arrest instead of police custody until it rules next week on a petition challenging their detention. Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people. Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country. The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case. Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town. Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December. The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.

Sunday, August 19, 2018

Lawyers will seek to shift blame for warehouse fire at trial

Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials. Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial. Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense. Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.

Alabama Supreme Court won't move lawsuit against Moore

The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago. The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous." Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones. Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election. Moore sought to have the case heard in Etowah County where he and Corfman both live. "The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said. Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery. Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.

Monday, August 13, 2018

Court, regulators clash over uranium project in South Dakota

Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law. The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported. Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area. The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants. Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.

N Carolina Supreme Court race lawsuit returning to court

A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win. A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.

Nevada Supreme Court taking up execution case

The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die. A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices. Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier. The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state. A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out. Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it." Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions. The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.