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Legal news from Saturday, September 1, 2012




Brazil judge agrees to first war crimes trial for members of dictatorship
Jaimie Cremeans on September 1, 2012 3:42 PM ET

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[JURIST] A Brazilian federal judge in Para on Friday agreed to conduct the first trial against members of its former dictatorship for alleged crimes during the military's rule from 1964-1985. The defendants [AP report] are two retired army reserve members, Colonel Sebastiao de Moura and Major Licio Maciel, accused of kidnappings during suppression of the Araguaia guerilla movement between 1972 and 1975. The judge agreed with prosecutors that Brazil's 1979 amnesty law [GLIN summary], which provides amnesty for members of the government and military who allegedly committed political crimes between 1961 and 1975, does not apply because bodies of the alleged kidnapping victims were never found, so the cases are still open.

In June the Brazilian government issued an official apology [JURIST report] to more than 120 former political prisoners of the military regime. In May a freedom of information law took effect in the country to increase government transparency on the same day that President Dilma Rousseff swore in a truth commission [JURIST reports] to investigate war crimes during the military regime's era. Rights groups, including Amnesty International [advocacy website] have encouraged the country to revoke the amnesty law [JURIST report], and the Inter-American Court of Human Rights [official website, in Spanish] found it to be invalid [JURIST report] in 2010. This, however, was after the Brazil Supreme Court ruled to reject a motion [NYT report] by the Brazilian Bar Association to modify the law to allow trial for officials accused of human rights abuses, stating that the law should not be modified by the court because it was originally passed by the whole country.




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Supreme Court adds 2 cases to next term
Jaimie Cremeans on September 1, 2012 2:32 PM ET

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[JURIST] The US Supreme Court [official website] on Friday added two new cases [order list, PDF] to its docket for next term. The first case, The Standard Fire Insurance Co. v. Knowles [docket; cert. petition, PDF], involves the procedural issue of whether a class action can be removed to federal court when there is dispute over whether the amount in controversy is over $5 million. The issue the court will be deciding in this case is whether a pleading by the named parties in a class bringing the suit that claims the amount in controversy is less than $5 million is binding on all of its members and prevents removal to federal court. The issue stems from the court's ruling [JURIST report] last year in Smith v. Bayer Corp. [opinion, PDF], in which it ruled that unless a court officially creates a class, a person attempting to create a class action does not represent interests of all potential members of that class.

The second case, Descamps v. US [docket; cert. petition, PDF], is a challenge to the US Court of Appeals for the Ninth Circuit's use of Matthew Descamps' state burglary conviction to convict him of burglary under federal law. Descamp is challenging the federal court's use of his burglary conviction in sentencing because the California statute under which he was convicted does not include one element of "generic burglary," but the federal court read that element into the state statute saying the statute was actually broader than generic burglary. There have been conflicting lower court rulings on whether a federal court can supply an element of a crime that is not written into it through a "modified categorical approach." Using this approach, the court only looks at a limited number of documents to determine whether the defendant was convicted of the elements of the generic crime even though the state statute is broad and overinclusive. These cases will likely be heard in the Court's November-December sitting which begins on November 26.




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Federal judge orders Ohio to allow early voting 3 days prior to election
Sarah Paulsworth on September 1, 2012 11:01 AM ET

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[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] issued a preliminary injunction on Friday that will prevent Ohio Secretary of State John Husted [official website] from limiting early election voting in the three days preceding the election to members of the Armed Forces. In deciding that polls must be kept open to all Ohioans, US District Judge Peter Economus ruled that Ohio Revised Code section 3509.03 is unconstitutional [Ohio Watchdog report] because it changes the deadline for in-person voting from the close of business on the day before election day to 6:00PM on the preceding Friday. He also ruled that this provision violates the Equal Protection Clause [LII Backgrounder; JURIST news archive] of the US Constitution.

Over the past several weeks federal courts throughout the country have blocked or voided new voting rules seeking to restrict early voting and other processes related to elections. On Thursday a three-judge panel in the US District Court for the District of Columbia unanimously rejected [JURIST report] a Texas law requiring voters to present photo identification to election officials before casting their ballots. And this past Tuesday a judge for the US District Court for the Northern District of Florida blocked [JURIST report] Florida from implementing a portion of its controversial voting law that shortens the deadlines for groups conducting voter registration drives to submit registration forms to the state. On Monday a judge for the US District Court for the Southern District of Ohio blocked [JURIST report] a state election law adopted in 2006 that discards provisional ballots cast in the wrong precinct. In mid-August the US District Court for the District of Columbia declined to approve [JURIST report] changes to Florida election law that would have reduced the number of early voting days in five of the state's 67 counties.




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Ivory Coast opposition member imprisoned for six months
Sarah Paulsworth on September 1, 2012 9:52 AM ET

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[JURIST] The secretary general of a leading Ivory Coast opposition party was sentenced on Friday to six months of imprisonment. Laurent Akoun of the Ivorian Popular Front, the party of former president Laurent Gbagbo [BBC profile], was sentenced [AFP report] after being convicted of disturbing public order. He was taken into custody last Sunday following comments he made at Popular Front gathering in which he criticized incumbent president Alassane Ouattara [BBC profile] and alleged that Ouattara wanted to kill Gbagbo [AP report]. Prosecutors had been seeking a five-year prison term for Akoun.

Tensions have been simmering in the Ivory Coast between supporters of Ouattara and Gbagbo since a disputed election took place in 2010. The Ivory Coast's commission of inquiry into the country's 2010 post-election violence [JURIST news archive] submitted a report to Ouattara in early August revealing that hundreds of fighters on both sides of the post-election hostilities committed war crimes [JURIST report] and human rights violations. Following the disputed November 2010 election pro-Ouattara forces clashed with forces loyal to former president Gbagbo, who refused to concede after Ouattara was declared the winner. The commission to investigate the post-election hostilities was established [JURIST report] in July 2011. Gbagbo is currently facing charges [JURIST report] before the International Criminal Court (ICC) [official website].




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