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Legal news from Friday, May 29, 2009
by Christian Ehret

The Supreme Court of Canada ruled Friday that a convicted marijuana grower should not have to forfeit her house pursuant to a sentence since asset forfeiture may result in unequal treatment of convicted criminals. The court, reviewing a Court of Appeal for British Columbia ruling, rejected the lower court's totality approach …

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by Christian Ehret

A New York state appeals court ruled that a family court does not have jurisdiction over a child support claim against a same-sex partner with no legal or biological ties to the child. In an opinion released Tuesday, the court ruled that a family court of limited jurisdiction has not been specifically authorized to entertain such claims. …

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by Andrew Morgan

A prosecutor from the Spanish National Court has asked that arrest warrants be issued for three accused Nazi prison guards currently living in the US. Prosecutor Pedro Martinez Torrijos said that Johann Leprich, Anton Tittjung and Josias Kumpf are accomplices to genocide owing …

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by Christian Ehret

Defense counsel for Canadian-born media mogul Conrad Black on Thursday submitted an application for bail pending appeal to Justice John Paul Stevens of the US Supreme Court. The application for bail follows the Supreme Court's recent grant of certiorari in Black's case, appealing his fraud conviction. The …

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by Andrew Morgan

The Securities and Exchange Commission (SEC) on Thursday charged 10 brokers with fraud for misleading customers into investing in high-risk mortgage securities. According the SEC, brokers from the defunct Brookstreet Securities Corporation held out collateralized mortgage obligations (CMO), which the SEC says are highly sensitive to interest rate, market, and liquidity …

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by Christian Ehret

The US Department of Justice (DOJ) Thursday requested the US Court of Appeals for the Second Circuit to recall an earlier mandate requiring the government to release photos of alleged detainee abuse. The motion asks the court to recall their April ruling because "the Solicitor General has determined that the government …

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by Andrew Morgan

A federal court on Thursday upheld the constitutionality of mandatory DNA collection for all persons arrested or detained under federal authority. Judge Gregory Hollows of the US District Court for the Eastern District of California found that although the collection of DNA from those arrested on federal felony, sexual abuse, or violent crime charges does …

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by Matt Glenn

The US has failed to adequately prevent and prosecute war crimes and other abuses during its operations in Iraq and Afghanistan, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Philip Alston said in a report released Thursday. The report found, "Some aspects of the rule of law have been taken seriously …

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by Matt Glenn

Canada's Supreme Court agreed Thursday to review an Ontario court decision upholding media restrictions on the Toronto 18 terrorism case. Under Canada's criminal code the media may attend pre-trial hearings but in some instances may not report on them to prevent biasing potential jurors. The plaintiffs, which include the Canadian Broadcasting Corporation, …

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