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Saudi court issues final verdicts in Khashoggi killing
Legal Center | 2020/09/07 13:22
A Saudi court issued final verdicts on Monday in the case of slain Washington Post columnist and Saudi critic Jamal Khashoggi after his son, who still resides in the kingdom, announced pardons that spared five of the convicted individuals from execution.

While the trial draws to its conclusion in Saudi Arabia, the case continues to cast a shadow over the international standing of Crown Prince Mohammed bin Salman, whose associates have been sanctioned by the U.S. and the U.K. for their alleged involvement in the brutal killing, which took place inside the Saudi Consulate in Istanbul.

The Riyadh Criminal Court’s final verdicts were announced by Saudi Arabia’s state television, which aired few details about the eight Saudi nationals and did not name them. The court ordered a maximum sentence of 20 years in prison for the five. Another individual received a 10-year sentence, and two others were ordered to serve seven years in prison.

A team of 15 Saudi agents had flown to Turkey to meet Khashoggi inside the consulate for his appointment on Oct. 2, 2018 to pick up documents that would allow him to marry his Turkish fiance, who waited outside. The team included a forensic doctor, intelligence and security officers, and individuals who worked directly for the crown prince’s office, according to Agnes Callamard, who investigated the killing for the United Nations.

Turkish officials allege Khashoggi was killed and then dismembered with a bone saw inside the consulate. His body has not been found. Turkey apparently had the consulate bugged and shared audio of the killing with the C.I.A., among others.

Western intelligence agencies, as well as the U.S. Congress, have said the crown prince bears ultimate responsibility for the killing and that an operation of this magnitude could not have happened without his knowledge.

The 35-year-old prince denies any knowledge of the operation and has condemned the killing. He continues to have the support of his father, King Salman, and remains popular among Saudi youth at home. He also maintains the support of President Donald Trump, who has defended U.S.-Saudi ties in the face of the international outcry over the slaying.



Court: Money owed can't block voting rights for NC felons
Lawyer Interview | 2020/09/05 08:45
A North Carolina court ruled Friday that outstanding restitution, fees or other court-imposed monetary obligations can't prevent convicted felons from voting if they've completed all other portions of their sentence.

The ruling, which may face appeals, could pave the way for an influx of thousands of felons to have their voting rights restored amid hotly contested races for the presidency and U.S. Senate in the battleground state. It wasn't immediately clear how many were affected by the ruling, but lawyers for the plaintiffs said it was in the thousands. A statement issued by Forward Justice, one of the advocacy groups involved in the challenge, said that the ruling would allow some convicted felons to start registering to vote immediately.

“This ruling is a major victory for the thousands of North Carolinians who have been denied access to the ballot due to an inability to pay financial obligations," said Dennis Gaddy, executive director of Community Success Initiative, one of the organizations behind the legal challenge.

Asked whether the state government defendants would appeal, Laura Brewer, a spokeswoman for the state attorney general's office, said lawyers were reviewing the ruling.

The three-judge panel of Wake County Superior Court, which was considering a challenge to state law governing the restoration of voting rights, declined to settle the lawsuit's arguments that probation, parole and post-release supervision are also unfair impediments to voting for those who have completed their incarceration. The judges said further proceedings were needed to address those issues.

In North Carolina, felons can register to vote again once they complete all aspects of their sentence, which can range from prison time to court fees or restitution.

In a 2-1 decision, the judges ruled that a portion of state law requiring felons to pay all monetary obligations before voting again violates the state constitution because it conditions the ability to cast a ballot on one's financial means.

In the majority opinion, the judges note that the state constitution requires that one's property, or financial means, must not affect their ability to vote. Yet, under current state law, “the ability for a person convicted of a felony to vote is conditioned on whether that person possesses, at minimum, a monetary amount equal to any fees, fines and debts assessed as a result of that person's felony conviction,” the judges wrote in the opinion.


France calls on US to withdraw sanctions on world court
Legal Center | 2020/09/03 08:45
France called on the United States on Thursday to withdraw sanctions levelled on top officials of the International Criminal Court, saying they are a “grave attack” on the court and put into question the independence of justice.

U.S. Secretary of State Mike Pompeo announced sanctions on Wednesday against the chief prosecutor of the court, based in The Hague, and a top aide, for investigations into the United States and its allies. The sanctions include a freeze on assets held in the U.S. or subject to U.S. law and target prosecutor Fatou Bensouda and the court’s head of jurisdiction, Phakiso Mochochoko.

The court is, notably, investigating allegations of torture and other crimes by Americans in Afghanistan.

The United States has never been party to the court, and Pompeo said the U.S. would not tolerate “its illegitimate attempts to subject Americans to its jurisdiction.”

French Foreign Minister Jean-Yves Le Drian said the sanctions are “a grave attack against the court … and beyond that a questioning of multi-lateralism and the independence of the judiciary. France calls on the United States to withdraw the announced measures.”


Slovakia court set to give verdict in reporter's slaying
Legal Center | 2020/09/01 08:46
A court in Slovakia is expected to issue a verdict Thursday in the slayings of an investigative journalist and his fiancee, a crime that shocked the country and led a government to fall.

The state prosecution has requested 25-year prison terms for three remaining defendants, one of them a businessman accused of masterminding the killings. They all pleaded not guilty to murdering journalist Jan Kuciak, and fiancee Martina Kusnirova, both aged 27.

But the trial at the Specialized Criminal Court in Pezinok, which handles Slovakia's most serious cases, might not be coming to an end, yet.

A three-judge tribunal originally was set to deliver a verdict in early August but delayed its decision, citing a need for more time.

Prosecutors submitted additional evidence on Monday. The panel could decide to postpone the verdict again to give them a chance to present the evidence in court.

Kuciak was shot in the chest and Kusnirova was shot in the head at their home in the town of Velka Maca, east of Bratislava, on Feb. 21, 2018.

The killings prompted major street protests unseen since the 1989 anti-communist Velvet Revolution in Czechoslovakia. The ensuing political crisis led to the collapse of a coalition government headed by populist Prime Minister Robert Fico and to the dismissal of the national police chief.

Kuciak had been writing about alleged ties between the Italian mafia and people close to Fico when he was killed, and also wrote about corruption scandals linked to Fico’s leftist Smer - Social Democracy party.



Huawei, ZTE lose patent appeal cases at UK Supreme Court
Attorney Career | 2020/08/28 18:16
Britain’s Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes.

The disputes center on the licensing of patented technology considered essential to mobile telecoms. The patents are meant to ensure fair competition and access to technology like 4G.

In the first case, Unwired Planet, an intellectual property company that licenses patents, had brought legal action against Huawei for infringement of five U.K. patents that Unwired acquired from Ericsson.

The second appeal concerned legal action brought by another patent licensing company, Conversant Wireless, against Huawei and ZTE for infringement of four of its U.K. patents.

The Supreme Court on Wednesday upheld lower court rulings on the cases and dismissed appeals by Huawei and ZTE.

In a statement, Conversant said the ruling was a landmark judgment that will have “significant implications worldwide” for telecommunications patent licensing.

The ruling meant that companies like Huawei cannot insist that patent holders like Conversant prove their patents in every jurisdiction of the world, which would be “both practically and economically prohibitive,” the company added.


1st Black woman confirmed to be justice on NJ high court
Attorney Career | 2020/08/27 18:16
The nomination of the first Black woman to sit on New Jersey’s Supreme Court was confirmed Thursday by the state Senate.

Fabiana Pierre-Louis, a 39-year-old attorney in private practice and a former federal prosecutor, was nominated by Democratic Gov. Phil Murphy in June to succeed Justice Walter Timpone. He was nominated to the court by former Republican Gov. Chris Christie in 2016 and will reach the mandatory retirement age of 70 later this year.

“Ms. Pierre-Louis is a New Jersey success story who will bring more diversity to the highest court of the most diverse state in the country,” said Senate President Steve Sweeney, also a Democrat. She is Murphy’s first pick for the high court.

The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. At the event in Trenton in June with Murphy, she seemed to get choked up talking about the role they played in her life.

“Many years ago, my parents came to the United States from Haiti with not much more than the clothes on their backs and the American dream in their hearts. I think they have achieved that dream beyond measure because my life is certainly not representative of the traditional trajectory of someone who would one day be nominated to the Supreme Court of New Jersey,” she said.

Pierre-Louis is a partner at Montgomery McCracken in Cherry Hill, where she is in the white collar and government investigations practice.

Before that, she served for nearly a decade as an assistant United States Attorney in New Jersey.

As part of that role, she served as the attorney-in-charge of the Camden branch office — the first woman of color to hold that a position, according to her biography on Montgomery McCracken’s website.

Murphy, a Democrat, said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state’s highest court and who she clerked for.

Murphy lamented that Wallace was not renominated when his first term expired in 2010 — the first time that had happened under the state’s current constitution.



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