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Bulgarian court to eye revoking parole for Australian man
Law Firm News | 2019/09/16 00:10
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.

The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.

The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.

The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.

Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.

The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.

Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole.


Activist loses UK court case on police facial recognition
Legal News | 2019/09/10 15:30
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.

Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.

The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.

"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.

Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.

"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.


Court rules Rams lawsuit can be heard in St. Louis courtroom
Law Firm News | 2019/09/07 15:27
The Missouri Supreme Court has ruled that a lawsuit filed over the Rams' departure from St. Louis will be heard in a St. Louis courtroom, a defeat for the NFL team's owner who sought to send the case to arbitration.

The court issued its ruling Tuesday in a lawsuit filed by St. Louis city and county and the St. Louis Regional Convention and Sports Complex Authority, which owns the domed stadium where the Rams formerly played. It named Rams owner Stan Kroenke, who moved the team to Los Angeles for the 2016 season, the NFL and league owners.

It wasn't immediately clear if an appeal was planned. Messages left Wednesday with the Rams, Kroenke's attorney and the NFL were not immediately returned

The lawsuit alleged that the Rams' departure violated a 1984 league guideline that was established after the Raiders moved from Oakland to Los Angeles. The league, the Rams and Kroenke have argued that the disagreements should be settled behind closed doors in arbitration.

The suit seeks financial damages, but a win for the city, county and dome authority would not return the team to St. Louis.

The Rams' departure left a bitter taste in St. Louis, which lost an NFL team for the second time in 30 years ? the Cardinals moved to Arizona in 1987.

Last month, a judge gave preliminary approval to the settlement of a separate suit filed on behalf of fans who bought St. Louis Rams tickets and team merchandise. The settlement could be worth up to $25 million. The lawsuit claimed fans would not have purchased the tickets and goods if they knew about the impending move.


US appeals court: Another conflict in New Orleans courts
U.S. Court News | 2019/09/05 15:26
A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.

The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.

A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.

The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.

“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.

Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison.


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