Courts – Criminal Justice Online http://criminaljustice-online.com/ Thu, 22 Jul 2021 07:57:21 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Courts – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Hong Kong court denies bail for Apple Daily staff accused of national security https://criminaljustice-online.com/hong-kong-court-denies-bail-for-apple-daily-staff-accused-of-national-security/ https://criminaljustice-online.com/hong-kong-court-denies-bail-for-apple-daily-staff-accused-of-national-security/#respond Thu, 22 Jul 2021 07:50:00 +0000 https://criminaljustice-online.com/hong-kong-court-denies-bail-for-apple-daily-staff-accused-of-national-security/ HONG KONG, July 22 (Reuters) – Four staff members of the now-closed pro-democracy Apple Daily were denied bail by a Hong Kong court on Thursday after being charged with collusion with foreign forces in under a national security law that intensified fears over media freedom. Public broadcaster RTHK said National Security Judge Victor So rejected […]]]>

HONG KONG, July 22 (Reuters) – Four staff members of the now-closed pro-democracy Apple Daily were denied bail by a Hong Kong court on Thursday after being charged with collusion with foreign forces in under a national security law that intensified fears over media freedom.

Public broadcaster RTHK said National Security Judge Victor So rejected their bail requests because there was not enough evidence to show that the defendants “will not commit further acts involving danger to national security “.

The charges are the latest in a national security investigation into

Media mogul Jimmy Lai’s newspaper, which closed after several hundred police raided its headquarters on June 17, freezing key assets and bank accounts.

The case was adjourned until September 30.

Police, who usually do not name those under investigation, said Wednesday evening they charged four people, aged 51 to 57, including one who was arrested earlier today.

RTHK identified the four as staff members of the former Apple Daily newspaper, including the former executive editor, who was arrested on Wednesday. Read more

The National Security Police Department said it was indicting four people, whom it did not identify, “for the offense of conspiring to come to an agreement with a foreign country or with outside elements to put endangering national security “.

Media group Next Digital, which published Apple Daily, did not immediately respond to a request for comment.

The popular tabloid of ardent Beijing critic Lai printed its last edition on June 24 after the police raid and several arrests of staff members.

Police said dozens of newspaper articles may have violated China’s national security law, the first time authorities have targeted media reports under the law.

Critics of the law, introduced in June 2020, say it was used to muzzle dissent and erode fundamental freedoms, including those of the media, in the former British colony that returned to Chinese rule in 1997.

Authorities have denied the erosion of rights and freedoms, including the media, in Hong Kong, but said acts endangering China’s national security crossed a red line. Security officials have said law enforcement actions are evidence-based and have nothing to do with an individual’s background or profession.

Written by Farah Master. Editing by Gerry Doyle

Our standards: Thomson Reuters Trust Principles.


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Tennis-Honeymoon must wait! Bride Svitolina back on court https://criminaljustice-online.com/tennis-honeymoon-must-wait-bride-svitolina-back-on-court/ https://criminaljustice-online.com/tennis-honeymoon-must-wait-bride-svitolina-back-on-court/#respond Wed, 21 Jul 2021 07:42:00 +0000 https://criminaljustice-online.com/tennis-honeymoon-must-wait-bride-svitolina-back-on-court/ TOKYO, July 21 (Reuters) – Few athletes would have had a more eventful preparation for the Tokyo Olympics than Ukrainians Elina Svitolina and Gael Monfils of France. Tennis’s last powerful couple got married on Friday, but the honeymoon had to wait as two days later they boarded the flight to Tokyo to compete in the […]]]>

TOKYO, July 21 (Reuters) – Few athletes would have had a more eventful preparation for the Tokyo Olympics than Ukrainians Elina Svitolina and Gael Monfils of France.

Tennis’s last powerful couple got married on Friday, but the honeymoon had to wait as two days later they boarded the flight to Tokyo to compete in the Games.

World number six Svitolina returned to training on Tuesday at Ariake Tennis Park, where she will wear Ukraine’s colors for the Games tennis event and look to improve her quarterfinal results at the Games. Rio de Janeiro five years ago.

“We’re used to having so many competitions a year, so we don’t have time to rest,” Svitolina told the International Tennis Federation.

“Now it’s time to focus on tennis, and the Olympics of course. It’s very special for any athlete to be here. The honeymoon is scheduled for November!”

Svitolina was 21 and ranked 20th in the world when she ousted great American Williams in the third round of the ladies’ singles in Rio, but she failed to capitalize on her historic victory by falling in the quarterfinals to Czech Petra Kvitova.

The focus was once again on tennis for Svitolina as she sweated on the court trying to acclimate to the hot and humid Tokyo conditions.

“It’s amazing to be fair,” she said. “So many exciting events in my life. Now it’s so nice to be at the Olympics.

“It was amazing to have a wedding and right now, with the COVID restrictions, it was amazing to have two families together. We had a great time.

“But now we’re here. We have to prepare and hopefully play well here in Tokyo.”

Report by Sudipto Ganguly; edited by Lincoln Feast.

Our standards: Thomson Reuters Trust Principles.


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DC Circuit: No Judicial Review When USCIS Revokes Visa Approval https://criminaljustice-online.com/dc-circuit-no-judicial-review-when-uscis-revokes-visa-approval/ https://criminaljustice-online.com/dc-circuit-no-judicial-review-when-uscis-revokes-visa-approval/#respond Tue, 20 Jul 2021 20:30:00 +0000 https://criminaljustice-online.com/dc-circuit-no-judicial-review-when-uscis-revokes-visa-approval/ New citizens stand during a United States Citizenship and Immigration Services (USCIS) naturalization ceremony at the New York Historical Society Museum and Library in Manhattan, New York, United States, on April 10, 2017. REUTERS / Shannon Stapleton Federal law protects a wide range of discretionary decisions from judicial review DC Circuit joins all other Courts […]]]>

New citizens stand during a United States Citizenship and Immigration Services (USCIS) naturalization ceremony at the New York Historical Society Museum and Library in Manhattan, New York, United States, on April 10, 2017. REUTERS / Shannon Stapleton

  • Federal law protects a wide range of discretionary decisions from judicial review
  • DC Circuit joins all other Courts of Appeal except 9th Circuit

(Reuters) – The United States Court of Appeals for the DC Circuit said on Tuesday that courts had no power to review decisions by the United States citizenship and immigration services to revoke approval of applications for immigrant visa, joining almost all other federal courts of appeal.

A panel of three DC Circuit judges unanimously rejected allegations by recruitment firm iTech US Inc, represented by Wasden Banias, that only decisions denying ultimate redress to visa applicants and not revoking preliminary approval of work visas were beyond the reach of the courts.

The panel said the Immigration and Nationality Act was designed to broadly deny judicial review of any federal government decision or action related to visa applications, not just a final denial.

With Tuesday’s ruling, all federal appeals courts except the 9th Circuit have now ruled or assumed without ruling that visa revocations cannot be reviewed in court. The 9th Circuit came to the opposite conclusion in the 2004 Ana International Inc v. Way.

iTech, based in Burlington, Vt., and his attorneys, Geoffrey Forney and Bradley Banias of Wasden Banias, did not immediately respond to requests for comment. Neither does USCIS.

The case stems from an I-140 immigrant visa application that iTech filed in 2015 on behalf of Vishnu Vardhana Reddy, an Indian citizen. After USCIS grants an I-140 petition, an immigrant worker becomes eligible for a work visa, which may not be issued for years.

USCIS granted the iTech petition, but revoked its approval in 2017, citing inconsistencies regarding Reddy’s educational requirements and the salary he would be paid by iTech. The company filed a petition for reconsideration, which USCIS denied in 2019.

iTech sued USCIS that year in Washington, DC, in federal court, saying the agency’s decision to revoke the petition’s approval was arbitrary and capricious.

The INA, in a section titled “Denial of Discretionary Appeal”, states that courts cannot review decisions involving specific types of immigration claims, or “any other decision or action” taken under the power. discretionary created by law.

U.S. District Judge Christopher Cooper last year allowed USCIS motion to dismiss the case. He said the INA gives the agency the ability to revoke an I-140 request “at any time” and for any reason, making it the type of discretionary remedy immune to a judicial review.

iTech appealed, arguing that because an I-140 petition is only one step in the visa process, USCIS did not formally deny the relief by revoking the approval.

The DC circuit on Tuesday disagreed. The term “any other decision or action” is broad by definition and Congress would have chosen different words if it intended to limit the scope of the law, the court said.

“We see little basis for claiming that Congress intended to limit this forfeiture of jurisdiction provision to a narrow spectrum of ‘relief’ where many provisions of (the INA) are intended to protect the discretion of the executive of the courts – indeed, this can be fairly said to be the theme of the legislation, ”wrote circuit judge Robert Wilkins.

The panel included circuit judges Sri Srinivasan and Gregory Katsas.

The case is iTech US Inc v. Renaud, United States Court of Appeals for the DC Circuit, No. 20-5235.

For iTech: Geoffrey Forney and Bradley Banias from Wasden Banias

For the government: Aaron Goldsmith of the US Department of Justice

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Merrimac man set to appear in court over home invasion attack on elderly woman – NBC Boston https://criminaljustice-online.com/merrimac-man-set-to-appear-in-court-over-home-invasion-attack-on-elderly-woman-nbc-boston/ https://criminaljustice-online.com/merrimac-man-set-to-appear-in-court-over-home-invasion-attack-on-elderly-woman-nbc-boston/#respond Tue, 20 Jul 2021 12:07:50 +0000 https://criminaljustice-online.com/merrimac-man-set-to-appear-in-court-over-home-invasion-attack-on-elderly-woman-nbc-boston/ A man from Merrimac is due in court on Tuesday for allegedly breaking into the home of an elderly woman and assaulting her earlier this month. William S. Raia, 50, was arrested Monday evening at his home by state and local police, more than two weeks after the July 3 incident, said Merrimac Police Chief […]]]>

A man from Merrimac is due in court on Tuesday for allegedly breaking into the home of an elderly woman and assaulting her earlier this month.

William S. Raia, 50, was arrested Monday evening at his home by state and local police, more than two weeks after the July 3 incident, said Merrimac Police Chief Eric Shears and Essex District Attorney Jonathan Blodgett in a press release. Raia is charged with four counts of aggravated rape, kidnapping, home invasion, strangulation and assault and battery causing bodily harm to an elderly person.

Raia is expected to be brought to justice on Tuesday in Newburyport District Court. It is not known whether he obtained a lawyer.

Authorities allege Raia is the man who broke into the home of a 74-year-old woman on Hillside Avenue around 11 p.m. the night before July 4. During the terrifying ordeal, the woman woke up to find the man in her bedroom armed with a knife, police said. The suspect threatened the victim with his knife and assaulted her on several occasions, until she could flee to a nearby house and call the police.

Neighbors in the community are hoping for more information and say the biggest concern is that the suspect is still there.

The woman was taken to Lawrence General Hospital where she was treated and released. She then worked with a police detective to create a sketch of the suspect, which was released on July 5.

In the sketch, the suspect was depicted as a 5’5 to 5’6 ” tall man, around 40 years old, with short brown hair, a slim build and fair complexion with a seasonal tan.

In the days following the spooky attack, neighbors feared the suspect was still at large, while Shears assured the community that authorities were doing everything possible to locate the suspect as quickly as possible.

“The entire Merrimac Police Department team has worked diligently on this investigation since it was first reported. I am grateful to them and for the help of the Essex District Attorney’s Office, the Massachusetts State Police Lab and the Essex State Police Detective Unit ”, Shears said. “I also appreciate the continued support and patience of our community as we work to identify and arrest the suspect.”

Shears said Monday evening that although Raia is in custody, it remains an active investigation. Merrimac Police, Massachusetts State Police and the Essex District Attorney’s Office dealt with the case.

A man armed with a knife assaulted a woman in her bedroom after breaking into her home.


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Court of Arbitration for Sport rejects Ogwumike’s appeal https://criminaljustice-online.com/court-of-arbitration-for-sport-rejects-ogwumikes-appeal/ https://criminaljustice-online.com/court-of-arbitration-for-sport-rejects-ogwumikes-appeal/#respond Tue, 20 Jul 2021 01:34:25 +0000 https://criminaljustice-online.com/court-of-arbitration-for-sport-rejects-ogwumikes-appeal/ LAS VEGAS (AP) – Nneka Ogwumike and Elizabeth Williams will not play for Nigeria at the Olympics after the Court of Arbitration for Sport dismissed their appeal. The WNBA players had asked CAS to give them an interim allowance and add them to the Tokyo Games roster until a hearing can take place. The pair […]]]>

LAS VEGAS (AP) – Nneka Ogwumike and Elizabeth Williams will not play for Nigeria at the Olympics after the Court of Arbitration for Sport dismissed their appeal.

The WNBA players had asked CAS to give them an interim allowance and add them to the Tokyo Games roster until a hearing can take place. The pair were told last week by FIBA ​​that their petition to play for the African nation had been turned down because they had been playing for the US national program for too long.

“FIBA takes note of today’s decision of the Court of Arbitration for Sport (CAS) to reject the request for provisional measures,” the basketball organization said on its website..

FIBA said the pair were not on Nigeria’s list submitted for the Tokyo Games.

Ogwumike and her sisters have dual citizenship with the United States and Nigeria and believed that they should be eligible to represent the country in Japan. The Ogwumikes’ parents, Peter and Ify, were both born in Nigeria and came to the United States before their daughters were born.

Nigeria coach Otis Hughley Jr. felt they should have been allowed to play. He made a passionate appeal after the team lost to the United States on Sunday to let them play. Williams played in this exhibition match, but not Ogwumike and his sister Chiney. They were on the bench cheering on their teammates.

“Give them the opportunity to help develop the game,” said Hughley. “This continent would be just upset for basketball. In a good way, you have no idea how many lives would be impacted and changed for the ages.

Hughley said he was concerned that the reason for FIBA’s refusals came from other countries who think they have a chance of winning a medal.

“They didn’t expect us to be in this position,” said the coach. “So there are things going on that nobody sees and that nobody talks about. It damages integrity. It’ll catch up with whoever does that. It is simply not true. I know FIBA ​​is better than that. I have been a part of it for a long time; it’s a great organization.

Chiney Ogwumike had been granted the opportunity to play for Nigeria as a naturalized player. She had asked CAS to change that to give her the status of Nigerian – the same as her sister Erica who is also on the national list – since each country is only entitled to one naturalized player.

The CAS also rejected this appeal.

No African country has won a match at the Olympics since Nigeria scored 1-5 at the 2004 Athens Games.

Nneka Ogwumike and Williams have been cleared by USA Basketball to play for Nigeria. Usually, players who compete for the United States in major FIBA ​​events after the age of 17 are not allowed to start playing for another country.

Nneka Ogwumike competed for the United States in the 2018 World Cup in which the Americans beat Nigeria in the quarterfinals. She had hoped to make the US roster for Tokyo, but was left out of the squad when the announcement was made. She was suffering from a knee injury sustained early last month.

___

More AP: https://apnews.com/hub/2020-tokyo-olympics and https://twitter.com/AP_Sports



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US duo sentenced to jail by Tokyo court for helping Ghosn flee Japan https://criminaljustice-online.com/us-duo-sentenced-to-jail-by-tokyo-court-for-helping-ghosn-flee-japan/ https://criminaljustice-online.com/us-duo-sentenced-to-jail-by-tokyo-court-for-helping-ghosn-flee-japan/#respond Mon, 19 Jul 2021 05:38:00 +0000 https://criminaljustice-online.com/us-duo-sentenced-to-jail-by-tokyo-court-for-helping-ghosn-flee-japan/ TOKYO, July 19 (Reuters) – A Tokyo court on Monday handed down the first sentences related to the arrest and escape of Carlos Ghosn from Japan, jailing US Army Special Forces veteran Michael Taylor for two years and his son Peter for a year and eight months to help the former president of Nissan Motor […]]]>

TOKYO, July 19 (Reuters) – A Tokyo court on Monday handed down the first sentences related to the arrest and escape of Carlos Ghosn from Japan, jailing US Army Special Forces veteran Michael Taylor for two years and his son Peter for a year and eight months to help the former president of Nissan Motor Co Ltd (7201.T) flee to Lebanon.

“This case allowed Ghosn, an accused of serious crimes, to escape abroad,” said Hideo Nirei, the chief justice, while explaining the judgment. “A year and a half has passed, but there is no chance that the trial will take place.”

The pair, who faced up to three years in prison, pleaded guilty and offered a tearful apology in court last month, saying they regretted their role in Ghosn’s exodus from Japan hidden in a box aboard a private jet from Japanese Kansai Airport. end of 2019.

Prosecutors said the Taylors received $ 1.3 million for their services and an additional $ 500,000 for legal fees.

Ghosn remains a fugitive in his childhood home in Lebanon, which has no extradition treaty with Japan.

In Japan, he faces accusations that he underestimated his compensation in Nissan’s financial statements by 9.3 billion yen ($ 85 million) over a decade and got rich at his employer’s expense. by making payments to car dealerships in the Middle East.

Greg Kelly, a former Nissan executive accused of helping Ghosn hide his compensation, is also on trial in Tokyo. Ghosn and Kelly deny the charges.

Reporting by Tim Kelly and Eimi Yamamitsu; Editing by Tom Hogue and Gerry Doyle

Our Standards: The Thomson Reuters Trust Principles.


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Violent Crime in Houston Won’t Go Down Until Our Courts Work Effectively https://criminaljustice-online.com/violent-crime-in-houston-wont-go-down-until-our-courts-work-effectively/ https://criminaljustice-online.com/violent-crime-in-houston-wont-go-down-until-our-courts-work-effectively/#respond Sun, 18 Jul 2021 08:09:59 +0000 https://criminaljustice-online.com/violent-crime-in-houston-wont-go-down-until-our-courts-work-effectively/ The Houston Police Blotter reads like a document from a much more murderous era decades ago. A murder-suicide in southwest Houston. Woman robbed at gunpoint from her driveway in Northwest Houston. Man shot dead in north Houston over money dispute. A teenager was shot dead on the highway on his way home from an Astros […]]]>

The Houston Police Blotter reads like a document from a much more murderous era decades ago. A murder-suicide in southwest Houston. Woman robbed at gunpoint from her driveway in Northwest Houston. Man shot dead in north Houston over money dispute. A teenager was shot dead on the highway on his way home from an Astros game, later dying of his injuries.

And these are only the last two weeks.

The rise increased during the pandemic and continues with almost daily incidents totaling one of the highest homicide rates in three decades. To date, there have been more than 250 homicides in Houston, a 35% increase from the same time last year.

During the crime spike 30 years ago, when crack was still raging and the city became a hub for the illicit drug trade, Houston recorded so many murders – 617 in 1991 alone – that curfews were under discussion. Then as now, Houston was facing a public safety crisis. Then, as now, fear has led to pointed and practical narratives for political opportunists.

History suggests that this downward spiral, if sustained, could usher in draconian measures and regressive tactics that threaten to block the progress state and city have made in smarter and fairer criminal justice policies. .


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Virtual court proceedings will likely continue in Douglas County after pandemic ends https://criminaljustice-online.com/virtual-court-proceedings-will-likely-continue-in-douglas-county-after-pandemic-ends/ https://criminaljustice-online.com/virtual-court-proceedings-will-likely-continue-in-douglas-county-after-pandemic-ends/#respond Sat, 17 Jul 2021 12:41:00 +0000 https://criminaljustice-online.com/virtual-court-proceedings-will-likely-continue-in-douglas-county-after-pandemic-ends/ Virtual meetings have become the way of the world for many businesses, including the Minnesota judicial branch. At the height of the pandemic, the Minnesota judicial branch used remote hearing technology through virtual court proceedings to ensure access to justice while protecting the health and safety of court officers, staff judiciary and all other persons […]]]>

Virtual meetings have become the way of the world for many businesses, including the Minnesota judicial branch.

At the height of the pandemic, the Minnesota judicial branch used remote hearing technology through virtual court proceedings to ensure access to justice while protecting the health and safety of court officers, staff judiciary and all other persons involved in legal matters.

Tom Jacobson, a partner at the law firm of Swenson, Lervick, Syverson, Trosvig, Jacobson and Cass in Alexandria and also a lawyer for the cities of Alexandria, Parkers Prairie and Starbuck, said a moratorium has been imposed on non-essential cases . but that the justice system had to find a way to continue doing business on essential matters. Virtual hearings, he said, were the way to go.

Tom jacobson

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Jacobson said prosecutors, county attorneys and others were part of the state’s discussion to figure out how to proceed and ensure everyone has due process. Some of the decisions, he said, were based locally, while others were based on statewide orders.

The majority of the undisputed court hearings were conducted virtually from July 2020 and, according to Jacobson, were overwhelmingly supported.

According to the Minnesota Judicial Branch, approximately 81% of all district court hearings were conducted virtually from July to December 2020. As of January 1, 2021, more than 90% of all district court hearings were conducted through virtual audiences.

Throughout the pandemic, the judiciary has conducted investigations and had discussions to gather feedback from court participants on the use of remote hearings through Zoom, Google Meet, and other methods.

The comments, according to information provided by Lissa Finne, communications specialist in the Office of the Administrator of the State Court, were, as Jacobson said, overwhelmingly positive. Through polls and discussions, it was found that there was strong support for the continued use of virtual hearings even after the pandemic had ended.

In January of this year, the judicial branch teamed up with the Minnesota State Bar Association, the Minnesota Public Defender’s Office, and the Minnesota County Attorneys Association to release a survey of virtual hearings. Over 600 lawyers responded to the survey.

A question was asked about the continued use of remote technology for uncontested hearings after the pandemic and 93% of private lawyers said yes it should be continued, while 78% of prosecutors said yes and 70% of public defenders said yes.

The same question was asked of judges, court staff and court clerks / reporters and 79% of judges said yes, remote hearings should continue after the pandemic, while 86% of court staff said yes and 74 % of clerks / stenotypists said yes. The investigation was completed by 160 judges and 800 court staff across the state.

The Minnesota judicial branch has also questioned litigants, or parties involved in lawsuits, about how they prefer to attend court hearings. This included surveys of Statewide Self-Help Center callers as well as surveys of remote hearing participants in seven counties. Almost 60% said remotely, while 25% said in person and 16% said they didn’t know.

Chris Karpan of Chris Karpan Law in Alexandria said virtual hearings were very new to most lawyers when COVID sent them down this route. He said that prior to that, the only virtual audiences came from various state prisons via interactive closed-circuit television.

And like many aspects of COVID, some things have worked really well while others haven’t, he said.

Karpan said that in the past 10 years or so, he had not thought twice about the process of his out of town hearings. For example, if a case was in Stearns County, this is how his day would go: he would drive about an hour to Stearns County, find a parking spot, put money in the meter, go through a metal detector at the courthouse, get on the elevator with a crowd of people, find the appropriate courtroom, enter and, when it was their turn, tell the court that his client was pleading not guilty. And within 30 seconds, he would have finished and walked out of the courtroom.

Chris Karpan

Chris Karpan

For many hearings, Karpan said this was the norm, the routine.

“Now, having done these same audiences sitting at my desk in Alexandria looking at my computer, these half-day travel days seem like a colossal waste of time,” Karpan said. “So even as we slowly get back to normal, I think the courts intend to continue to virtually manage many of these simple hearings. “

Karpan said people might think virtual audiences would make it easier for people to participate, but at least initially he didn’t think people really took him seriously. He said there was a lot of “no shows” because of the lack of formality.

The court issued numerous no-show warrants, either because people didn’t know how to log in or because they were simply skipping their hearings because there was a lot going on, Karpan said.

Jacobson said not everyone has access to a smartphone or computer or they have limited internet access and / or maybe no Wi-Fi capability. This has been a problem, he said. he says.

“If we expect people to show up to virtual hearings, we need to make sure they have access to them,” said Jacobson.

Karpan believes that virtual audiences have their place.

“I think the formality of the courtroom and the pomp and circumstances involved let people know this is serious business,” he said. “It’s one of the few places that remains in American society where there is still decorum and rules. At least for 10 minutes, you better follow the line or you might end up on the wrong side of someone in a black dress, and that’s not a good place to be.

Jacobson said there needs to be a balance between giving people their day in court in a timely manner, making it convenient, and still making sure people know that being in court – whether in person or virtually – is serious business.

From an efficiency standpoint, however, Jacobson said that for some court proceedings, virtual hearings can work and there is definite potential. He said this allows lawyers from a private practice perspective to reach a wider audience.

“We can help you without paying for windshield time (travel),” Jacobson said. “There are definite advantages. But we also recognize that there is a time and a place for them.

With virtual court proceedings, things may not always go as planned. There is a now famous lawyer on the Internet who managed to transform himself into a cat through the program he used to do business virtually.

Karpan said that not only did the switch to virtual audiences have a financial impact as he had to invest in new equipment, but there was a learning curve for the programs he used.

He said a few months ago that he had an unpleasant experience trying to send a private chat message. He explains:

“In these virtual hearings, there may be dozens of people in separate windows, waiting for their cases to be called. And you can send private chat messages to people in the “room” or you can send messages to the whole “courtroom”. Criminal defense attorneys by their very nature are smart clever people, and while I was conducting my hearing a friend of mine from Fergus was giving me a hard time saying I was going to lose. The judge didn’t do what I asked in this situation, and in a moment of frustration, I typed a pretty nasty word in all caps and sent it back to the lawyer who harassed me. Unfortunately, I forgot to watch and make sure it went right to him and it ended up going to everyone in the room including the court reporter and the court administrator.

Karpan said the word would not be suitable for printing, but remained in the virtual courtroom for an hour and a half after his hearing so he could apologize to the judge as he knew the judge would find out.

“He thought it was hilarious and told me not to care,” Karpan said. “But with other judges, I might have conducted this interview from a prison cell.”


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State High Court Ethics Committee Calls for Comments on Judges Database Searches for Non-Criminal Matters – The Vacaville Reporter https://criminaljustice-online.com/state-high-court-ethics-committee-calls-for-comments-on-judges-database-searches-for-non-criminal-matters-the-vacaville-reporter/ https://criminaljustice-online.com/state-high-court-ethics-committee-calls-for-comments-on-judges-database-searches-for-non-criminal-matters-the-vacaville-reporter/#respond Fri, 16 Jul 2021 01:49:58 +0000 https://criminaljustice-online.com/state-high-court-ethics-committee-calls-for-comments-on-judges-database-searches-for-non-criminal-matters-the-vacaville-reporter/ A judicial ethics committee of a state’s Supreme Court seeks public input on whether a judge can search the court’s electronic case management systems for certain information in non-criminal cases. A press release from the California Courts Newsroom said the state’s High Court Judicial Ethics Advisory Committee released an updated draft notice for public comment […]]]>

A judicial ethics committee of a state’s Supreme Court seeks public input on whether a judge can search the court’s electronic case management systems for certain information in non-criminal cases.

A press release from the California Courts Newsroom said the state’s High Court Judicial Ethics Advisory Committee released an updated draft notice for public comment on Wednesday after reviewing a previous round of comments on whether, in a non-criminal case, a judge can seek the case from the court. management system for “information concerning a party, a lawyer or the facts relevant to the case before the judge”.

The new public comment period will run until August 30 and can be submitted by email to Judicial.Ethics@jud.ca.gov, or by mail to the California Supreme Court Committee on Judicial Ethics Opinions, 350 McAllister St., San Francisco, CA 94102.

All comments submitted may be posted on the CJEO’s website, judicialethicsopinions.ca.gov, for public review, unless they are clearly marked as confidential.

CJEO’s Draft Formal Opinion 2021-016, which can be viewed on the website, describes what case management systems typically are and provides guidance on: 1) permissible case management system searches and unauthorized, or CMS; 2) Authorized searches that produce incorrect information; and 3) Considerations for Disqualification and Disclosure Following Inadvertent Review of Inappropriate Information.

“The draft opinion recognizes that judges are expected to use and use CMS research to help them perform their judicial functions,” said Merrill Balassone, who wrote the prepared statement. “The California Code of Judicial Ethics, however, prohibits the use of a CMS to independently investigate jurisdictional facts, unless the investigation is authorized by law or the information is subject to review. ‘a judicial opinion. “

The draft opinion advises judges to use a CMS “with the knowledge” that the search results might include information about a judgment or decision, and they should try to avoid reviewing that information “unless ‘they are not legally authorized or judicially visible,’ added Balassone.

For judges who inadvertently review court records or other information containing information about a formal judgment in a contentious case as part of an otherwise authorized search in the case management system, the draft opinion is theirs. advises to consider whether: 1) They are authorized by law or required to examine the information; 2) The information they have consulted raises a real or reasonable doubt as to its impartiality; or 3) They must disclose the CMS research and information reviewed and give parties an opportunity to respond.

“We have listened to the valuable public comments we have received on our previous draft opinion on this topic and have significantly changed our approach with a new draft opinion,” said CJEO President Judge Ronald B. Robie of the Third District Court of Appeal. “We look forward to comments on this deliberative work, including from those who have commented previously.”

The CJEO is a 12-member advisory committee that includes appeal judges, trial judges and commissioners. The committee is appointed and authorized by the California Supreme Court, but its work is independent of the California court and the Judicial Council. The committee provides formal, informal, and expedited advisory opinions on appropriate judicial conduct in accordance with the California Code of Judicial Ethics and other authorities. Its opinions are in the interest of the judiciary and the public, noted Balassone.


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Joe Exotic: ‘Tiger King’ to be sentenced after court order https://criminaljustice-online.com/joe-exotic-tiger-king-to-be-sentenced-after-court-order/ https://criminaljustice-online.com/joe-exotic-tiger-king-to-be-sentenced-after-court-order/#respond Thu, 15 Jul 2021 04:24:00 +0000 https://criminaljustice-online.com/joe-exotic-tiger-king-to-be-sentenced-after-court-order/ The U.S. 10th Circuit Court of Appeals overturned Maldonado-Passage’s 264-month prison sentence handed down last year for murder-for-account plots involving animal rights activist Carole Baskin and multiple wildlife violations. Maldonado-Passage appealed, arguing that her pay murder convictions should be overturned because the trial court had allowed Baskin to attend her entire trial even though she […]]]>
The U.S. 10th Circuit Court of Appeals overturned Maldonado-Passage’s 264-month prison sentence handed down last year for murder-for-account plots involving animal rights activist Carole Baskin and multiple wildlife violations.

Maldonado-Passage appealed, arguing that her pay murder convictions should be overturned because the trial court had allowed Baskin to attend her entire trial even though she was a listed government witness .

The two counts against which he was convicted of using interstate facilities in the commission of his vicarious murder plots should have been combined, he also argued, because they “involved the same victim and two or more acts or transactions which were linked by a criminal objective “, according to the opinion.

The panel upheld Maldonado-Passage’s conviction, finding that the district court had acted within its discretion in allowing Baskin to remain in the courtroom as a victim of a crime. However, the panel ruled that the district court “erred in not consolidating the two murder for pay convictions in sentencing.”

Maldonado-Passage’s appeal attorney told CNN he was “satisfied with the appeal court’s decision” in a statement.

“I am optimistic that today’s decision is just one of many victories to come for Joe – and his eventual freedom,” said attorney Brandon Sample.

In an audio message provided by his lawyer to CNN affiliate KOCO, Maldonado-Passage expressed hope for a new trial despite the appeals court ruling upholding his conviction.

CNN has contacted the Assistant United States Attorney for the Western District of Oklahoma for comment. Baskin declined to comment on CNN when contacted.

‘Tiger King’ star sentenced in 2019

Maldonado-Passage was convicted by a federal jury in 2019, nearly a year before the release of the Netflix show that documented his rise and fall as the owner of an exotic wildlife park in Oklahoma.

Baskin, also featured on the show and longtime vocal critic of Maldonado-Passage Wildlife Park, owns a tiger sanctuary in Florida and previously had a million dollar judgment against him.

During the trial, a jury heard testimony that Maldonado-Passage paid a man $ 3,000 to travel from Oklahoma to Florida to kill Baskin, with a promise to pay thousands more after his death. , according to the US District Attorney’s Office for the Western Oklahoma District.

Maldonado-Passage had been trying to find someone to kill her since July 2016, according to the U.S. prosecutor’s office, and unknowingly met with an undercover FBI agent to discuss the details of the planned murder.

In June 2020, after Maldonado-Passage’s conviction, a judgment granted Baskin control of the Oklahoma park.

CNN’s Raja Razek, Nicole Williams, Steve Forrest, Joe Sutton, Faith Karimi and Travis Caldwell contributed to this report.


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