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Delaware County creates domestic violence court
U.S. Court News | 2016/11/12 22:55
The Indiana Supreme Court has approved the creation of a domestic violence court in Delaware County.

Delaware County Prosecutor Jeffrey Arnold tells The (Muncie) Star Press all felony domestic battery cases now will be filed in Delaware Circuit Court 1, where Judge Marianne Vorhees presides.

Arnold says the judge volunteered to create the domestic violence court. He says when one judge brings a lot of expertise to a legal area, it creates consistency.

Arnold recently has added a deputy prosecutor, an investigator and a victim advocate to deal exclusively deal with domestic violence cases.

Arnold says Vorhees will continue to preside over other types of criminal cases.



Supreme Court stays execution of Alabama inmate
U.S. Court News | 2016/11/12 22:54
The U.S. Supreme Court on Thursday night stayed the execution of an Alabama man convicted of the 1982 shooting death of a woman's husband in a murder-for-hire arrangement.

Five justices voted to stay the execution of Tommy Arthur as the high court considers whether to take up his challenge to Alabama's death penalty procedure. Arthur, 74, was scheduled to be executed Thursday by lethal injection at a south Alabama prison.

"We are greatly relieved by the Supreme Court's decision granting a stay and now hope for the opportunity to present the merits of Mr. Arthur's claims to the Court," Arthur's attorney Suhana Han said in a statement.

This is the seventh time that Arthur, who has waged a lengthy legal battle over his conviction and the constitutionality of the death penalty, has received a reprieve from an execution date, a track record that has frustrated the state attorney general's office and victims' advocacy groups.

Chief Justice John Roberts wrote Thursday that he did not think the case merited a stay, but voted to grant it as a courtesy to the four justices who wanted to "more fully consider the suitability of this case for review." The execution stay will expire if the court does not take up Arthur's case.

The attorney general's office had unsuccessfully urged the court to let the execution go forward and expressed disappointment at the decision.



Hawaii Supreme Court affirms Maui solar telescope permit
Legal Line News | 2016/11/05 22:55
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.



ICC prosecutors: US forces may have committed war crimes
U.S. Court News | 2016/11/02 22:55
U.S. troops and CIA agents could face investigation and possible charges by the International Criminal Court after its chief prosecutor said in a report that they may have committed war crimes by torturing detainees in Afghanistan.

"Members of US armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014," according to the report issued late Monday by Prosecutor Fatou Bensouda's office. Bensouda didn't immediately give any for further comment Tuesday.

The report added that CIA operatives may have subjected at least 27 detainees in Afghanistan, Poland, Romania and Lithuania to "torture, cruel treatment, outrages upon personal dignity and/or rape" between December 2002 and March 2008.

Most of the alleged abuse happened in 2003-2004, the report said, adding that Afghan government forces and the Taliban were also responsible for atrocities.

Prosecutors said they will decide "imminently" whether to seek authorization to open a full-scale investigation in Afghanistan that could lead to war crimes charges.

Param-Preet Singh, associate international justice director at Human Rights Watch, welcomed the publication Tuesday.



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